But every cash machine I`ve seen recently tells you to cover up your PIN as you enter it, meaning that if someone can shoulder surf you then you`ve been negligent, after being warned by the bank immediately before entering your PIN.
Prove the terminal was dodgy. Prove you`ve been shoulder-surfed.
You may be correct in terms of fact, but try using that to force a bank to accet a fraudulent transaction isn`t your fault. Let us know how you get on.
If there is secret information, then it is very easy for the bank to claim that YOU esposed that information. If there is no secret information, it`s much harder to prove negligence.
You`re not understanding this. With a C&P card you need to take reasonable care of your PIN and your card. With C&S you only need to take reasonable care of the card. The fact that someone else knows your PIN gives good grounds for suspicion that you haven`t been careful with your PIN. Therefore negligence, and it`s up to you to prove otherwise. And as I said before, let us know how you get on doing that, and what your final legal bill turns out to be.