G24 appeal on-going but just received debt collector letter HELP!

cbmb

Hi all I hope you can help me!

I got a PCN dated 10th June 2013 for overstaying in a car park on 1st June 2013, i sent a letter to G24 to explain why this happened after i received it and to

I had to breast feed my baby as he was screaming and I overstayed because of this, it was too dangerous to drive anywhere so I had no choice.

I have written a letter to G24 to explain this. I got a reply on 23 June to say the following:

"Thank you for your recent correspondence.

There are sufficient signs at the entrance to and in prominent locations throughout the car park displaying the terms and conditions

Our signage complies with the BPA requirements.

As your appeal is on-going we have not supplied you with details on how to appeal with POPLA. If your appeal is rejected by G24, you will be provided with the opportunity to appeal to the Independent Appeals service POPLA."

I then got a final notice on 16th August but I ignored it because the letter above says my appeal is on-going and to date i have not had any further correspondence to say if it rejected or not and no POPLA code.

Now i have a letter from CCS Collect debt collectors asking me to pay to avoid probably further action.

Please can someone advise me if i should write back to G24 to say my appeal is still on going as far as i know so why am i still receiving notices to pay? If it is rejected where is my POPLA code?

I need some help with how to write it if I do.

Thank you!

Umkomaas

Hang in there, I sense a Coupon-mad Exocet being primed :eek:.

As you were breast feeding a baby at the time you are covered by the Equality Act 2010 provisions. Coupon-mad really is an authority on all things EA. The Act requires the landowner (and the PPC as his Agent) to make adjustments to help you manage your situation.

Try not to worry about this, we will help you overcome it.

Could you just please clarify whether this was a windscreen ticket or were you captured by ANPR cameras?

cbmb

ANPR, thank you for any advice you can give.

Coupon-mad

Hiya,
You need to just adapt this complaint (in the thread linked below) to suit, send it to the CEO of the Supermarket or store that you were using. Send a copy to G24 and a covering brief note just saying:

'My appeal is still on going as far as I was aware, according to your letter in June where you refused to send me a POPLA code. Now that you have started to harass me further and send me demands from random debt collectors, I have had no option than to complain about you to the CEO of the Store and/or Retail Park. I expect your ticket to be cancelled forthwith as this is discrimination since you were already made aware that I was breastfeeding a baby, which is a protected characteristic as defined in the Equality Act 2010. As such, I am legally entitled to expect the service-provider to make a reasonable adjustment of time. If you now reject the appeal I first made in June (which you failed to reject at the time and just strung me along saying my appeal was 'ongoing') you can send me a POPLA code now as you should have done in June. Regards'....(your name but never give your real signature to any random PPC).

https://forums.moneysavingexpert.com/discussion/4762460 Look at and amend post #15 to make sense for your own case and store/PPC.

Should do the trick if you use/adapt the letter I have shown there as the main complaint. If it's a multi-store retail park then you'll actually need to send it to whoever manages the car park and/or landowner (Google the car park to find out who that is, trawl through info and find the contact details).

Custard_Pie

I'm a regular on here and are also taking on G24 Ltd. Hang in there, you are not alone.

Take Coupon Mad's advice, as it's proven to be both correct and useful in similar cases. Personally, I think this is one for the local paper as well. Local Mum harassed and fined for breast feeding Her baby whilst out shopping.

About time parasite PPC got shown for what they are.

cbmb

Thank you. I don't want to get this wrong so please can I double check.

1/ I send the letter below (adjusted, does it read ok?) to Wickes (the store where I got a ticket or head office?),
2/ how do i find out who the CEO is?
3/ I send a copy of this letter to G24 and attached the covering letter above also.

Thank you:

Dear Sir/Madam,

OFFICIAL COMPLAINT: BREACH OF EQUALITY ACT 2010 INVOLVING INDIRECT SEX DISCRIMINATION BY G24, AS AGENTS FOR WICKES
I am forced to make an official complaint to you because the actions of your agent are unlawful. The situation is that G24 have not yet acknowledged my appeal against a private 'parking ticket' sent to me in their capacity as your agents, which alleged my car 'overstayed' in a Wickes car park.

The fact is that I was delayed due to needing to breastfeed my baby. I was a genuine shopper and I had a legitimate and lawful reason to take longer than other customers.

I am very upset about this entire episode and I am horrified that Wickes can allow such a notorious firm to harass customers on your behalf.

I have researched the matter and intend to escalate my challenge against G24 to the independent stage (Parking on Private Land Appeals). However, I am giving Wickes the chance to quash the fake PCN once and for all because I feel you need to know that you and your agents are breaking the law by not making 'reasonable adjustments' of parking time. I have since become aware that in some other car parks, allow double time for some disabled visitors in an attempt to pay regard to the effects of the EA. And yet this is not the case in every car park, and strangely, an adjustment of time is neither communicated nor extended to other disabled people, nor breastfeeding mothers, pregnant nor elderly customers who are also protected under the EA. As such, in this car park where no 'reasonable adjustments' appear to have been made at all, Wickes are allowing their agent to enforce an arbitrary time limit which is unlawful under the EA.

It is a breach because such a blanket policy has the effect of indirect discrimination against people with 'protected characteristics'. As well as a breach of the maternity provision of the EA - which is indirect sex discrimination, as applies in my case - this policy also discriminates against disabled and elderly people.

I require this 'parking ticket' to be cancelled of course and would be interested to hear what steps Wickes are going to take to review and adjust this discriminatory policy. For your information, there is no lawful excuse in the EA for such a blanket policy as an inflexible time limit, even if the intention is not to discriminate. Service providers have a legal duty to make 'reasonable adjustments' up front and all policies affecting customers and staff must have regard to the EA. To comply with the Act, policies must be anticipatory of the needs of people with protected characteristics. It is not enough to just react to individual complaints like mine, after the event.

Notwithstanding what G24 may well have to say on the matter, no doubt involving spin about their firm 'being members of the BPA Approved Operator Scheme' (in reality, merely trade body 'club membership' which enables them to buy registered keeper data and certainly does not 'regulate' their industry) I would also respectfully suggest that Wickes would be well advised to pay urgent heed to the 'Equality Act Code of Practice on Services, Public Functions and Associations' which became law on 6th April 2011. This statutory guidance is available as a link on the Equality & Human Rights Commission website.

In my view, Wickes should research the matter and heed my warning about their association with G24 before customers start suing over these breaches.

Before renewing your contract with G24 when the time comes, might I just suggest you take time to read and digest the implications to other Supermarkets & customers, and the picture painted of Parking Eye's aggressive business practices, as set out in the full court judgment for 'Parking Eye v Somerfield - Case No: A3/2011/0909'. I would also suggest researching the current debacle unfolding over the past 4 months on the Aldi facebook page, which is currently littered with customer complaints about Parking Eye who are actually suing Supermarket customers for 'transgressions' just like my own situation. . It seems that the big stores like Wickes, blinded by the idea of 'parking management for free' have fallen for the spiel of a dominant company whose agenda is profit alone. It is not 'parking management' to have ANPR cameras on site and yet no attendants to help customers find spaces and no checks made of disabled bays, for example.

My view is that ostensibly 'free' ANPR enforcement of parking spaces by third parties is incompatible with the customer service ethic of Wickes.

My whole family and friends are minded not to return to Wickes if this is how genuine customers - especially breastfeeding mothers are treated. I think I deserve an apology at the very least, and I would sincerely hope that Wickes' CEO will treat this matter with importance and urgency. Clearly I have better things to do with my time than research equality law, but it has proved necessary because it seems that your agents have failed in this regard and that Wickes have allowed this agent 'carte blanche' regarding enforcement of an inflexible policy that has potential to break laws. You should be aware that, if this is pursued further I will seriously consider a small claim against both parties (Wickes & G24) for damages for distress and indirect sex discrimination, supported by the Maternity protection within the Equality Act 2010.

yours,


My name and PCN

Guys_Dad

You haven't made anything about the fact that they have called in the debt collectors when the appeal is still ongoing, a direct breach of BPA rules.

I would also enclose the correspondence with the PPC and the debt collectors and confirm that between June and September you had no further correspondence from G24.

Coupon-mad

''I am forced to make an official complaint to you because the actions of your agent are unlawful.

The situation is that I sent an appeal to G24 back in June but they replied with a stalling letter pretending my appeal was 'ongoing' and refused to send me a POPLA code. Now they have started to harass me further and send me demands from random debt collectors, when all I needed was for my appeal to be properly considered and either:

- the ticket cancelled, or

- my right to a POPLA code (Parking on Private Land appeal, second stage).''



Then the rest, i.e. 'The fact is that I was delayed due to needing to breastfeed my baby. I was a genuine shopper and I had a legitimate and lawful reason to take longer than other customers....etc.'

Further down, you need to change this bit as it's focussed too much on Parking Eye so you need to bring it back into context for G24:

''Before renewing your contract with G24 when the time comes, might I just suggest you take time to read and digest the implications to other Supermarkets & customers, and the picture painted of the typically aggressive business practices of Private ANPR Operators, as set out in the full court judgment for 'Parking Eye v Somerfield - Case No: A3/2011/0909'.



Send it to the CEO of Wickes and a copy to the Store Manager as well, and if it's a multi-store Retail Park (not just Wickes) then a copy to the managing agent or landowner of the Retail Park.

The CEO and the Managing Agents can be found by Googling Wickes CEO and then the name of the Retail Park. You'll have to look thru the search results to find a contact name.

Then yes, a copy to G24 with the shorter covering note.

Guys_Dad

Coupon-mad wrote: »

''I am forced to make an official complaint to you because the actions of your agent are unlawful.

The situation is that I sent an appeal to G24 back in June but they replied with a stalling letter pretending my appeal was 'ongoing' and refused to send me a POPLA code. This has denied me the right to appeal to the independent adjudicator, whilst at the same time saving G24 £27 POPLA fee. In addition

Now they have started to harass me further and send me demands from random debt collectors, when all I needed was for my appeal to be properly considered and either:

- the ticket cancelled, or

- my right to a POPLA code (Parking on Private Land appeal, second stage).''

Their actions contravene the British Parking Association Code of Practice that you can see here http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

In particular, section 22 deals with appeals and challenges

eg 22.6 When you receive a challenge about the issue of a
parking charge, you must stop work on processing the
charge immediately. You must not increase the charge
until you have replied to the challenge.................

..................22.12 If you reject a challenge you must:
• tell the driver how to make an appeal to POPLA. This
includes providing a template ‘notice of appeal’ form, or
a link to the appropriate website for lodging an appeal
and the 10-digit verification code.
• give the driver a reasonable amount of time to pay
the charge before restarting the collection process.
We recommend that you allow at least 35 days from
the date you rejected the challenge.

I am sure that Wickes would not wish to be associated with their current treatment of my case and flagrant breach and disregard of their own trade association's requirements. I fully expect you to intervene and instruct them to cancel the ticket and, in future, follow the BPA code of practice as well as your own company's high standards.

Then the rest, i.e. 'The fact is that I was delayed due to needing to breastfeed my baby. I was a genuine shopper and I had a legitimate and lawful reason to take longer than other customers....etc.'

Send it to the CEO of Wickes and a copy to the Store Manager as well, and if it's a multi-store Retail Park (not just Wickes) then a copy to the managing agent or landowner of the Retail Park.

The CEO and the Managing Agents can be found by Googling Wickes CEO and then the name of the Retail Park. You'll have to look thru the search results to find a contact name.

Then yes, a copy to G24 with the shorter covering note.

A couple of suggested additions to c-m's excellent words in red above for you to consider.

cbmb

Thanks for all your help guys, I have found some names and addresses and will post 3 letters tomorrow by recorded post. I'll get back to you if I ever hear anything in response.

catsinc3

sorry to hijack this thread but I am currently also in a PCn dispute having appealed to POPLA BEFORE I realised mitigating circumstances were not allowed I feel the issuing body are in BREACH of the Equality act. STROMA mentioned COUPONS name in the thread and said they would advise IF they saw the thread. I had a quick scan of equality act in your search bar and it brought me here any help much appreciated thankyou I originally posted in NEW GENERATION PARKING CHARGE