G24 now Debt recovery?

Redx

its both

they do give you a time period in order to appeal (28 days), clearly that has passed so they are correct in that its true for their industry and the code of practice and that time period may be on their paperwork too

BUT , if they wanted to they could issue a popla code at any time and sometimes a judge will order it in the pre court proceedings if it ever came to that, so yes the appeal time has expired as this problem occurred over 6 months ago BUT that doesnt mean they cannot issue the popla code should they wish to, but clearly they are unlikely to

the time to force the issue is within the 28 days after notification to keeper (or sometimes any driver notification in certain circumstances)

the golden rule is

"if only we could turn the clock back" !!

but in many cases you cannot do this, but the NEWBIES thread does detail where you are allowed to do so, and why (maybe not in your case though)

the point now , 6 months later , is to be seen to be trying to resolve it , ie:- not ignoring it , such that if ever court papers arrived you can show and prove you tried to deal with it

do not think this industry has any ethics, its purely a money making s**m

cyclingsimon

Ok i understand that so should i re-word my letter to them in anyway do you think (above).

Hot_Bring

cyclingsimon wrote: »

Hi I have emailed the debt recovery as advised, but just noticed on latest G24 letter to me that they stated:
'unfortunately your period of appeal has expired as explained on the back of your contractual parking charge notice'
Is this a viable claim they have made or just crap?

It's irrelevant that the RK's appeal period has expired. You as RK have named the driver so now you have no responsibilities to them. Have you sent the previous letter I wrote?

ColliesCarer

cyclingsimon wrote: »

Hi I have emailed the debt recovery as advised, but just noticed on latest G24 letter to me that they stated:
'unfortunately your period of appeal has expired as explained on the back of your contractual parking charge notice'
Is this a viable claim they have made or just crap?

Yes their time limit for the Keeper to appeal has passed as Redx has explained - but you are not appealing - you are pointing out to them that you have discharged your liability under POFA 2012 as Registered Keeper and that they should now pursuer the driver.

The driver has never had a chance to appeal because this was a postal notice sent to the keeper.

Send the letter re-emphasizing that you have discharged you liability and that they should now pursue the driver. I'd be a bit careful about point 4 though - tempting as it is but ask yourself if you would be happy for a judge to see it if it ever went to court however unlikely that may be with G24 (sorry HB).

They should then send out a Notice to Driver to your wife, the driver, who will be able to appeal and once it arrives she can send Hot Brings letter in post #3 changing only the line that says "I am the registered keeper ...." to "I am the driver ....."

Edit: Apologies HB - didn't see you had already responded

Redx

Hot_Bring wrote: »

It's irrelevant that the RK's appeal period has expired. You as RK have named the driver so now you have no responsibilities to them. Have you sent the previous letter I wrote?

fully agree with the last few posts above

IF you as RK are naming the driver then you have duscharged your responsibilities

just because a parking company cannot see the wood for the trees are adhere to the law of the land or the BPA code of practice does not detract from what you have done, so can then prove, if they took this any further

just make sure that you have done and sent the letters you were asked to send above , to those relevant people

DR+ cannot take you or your family to court, G24 are extremely unlikely to try court, so until then its merely letters , words on bits of paper, all you are doing is ensuring your bits of paper have been sent in order to provide evidence over the next 6 years if a court claim arose

ie:- protecting your back !

clearly they know what you are trying to do and are stalling, but letters are just that , letters , but yours are designed to help you evidentially if they actually took further action

cyclingsimon

Ok Guys thanks everso much for that, so heres what i propose to send:

Dear G24, 8th May 2014

Re : PCN reference No. xxxxxx

for registration xxxxxx

As the registered keeper for the above vehicle I have dispensed with my responsibilities by providing you with the drivers name and address for the incident you claim has lost you money (ref. your own acknowledging letter dated 02 May 2014). As such any further correspondence can be treated as harassment and could result in legal action against you.

As per the BPA Code of Practice (as well as POFA), once the driver is named the ONLY party you can chase is the driver.

You will now be reported to the BPA for breaking the CoP with a request to issue sanction points against you. You will also be reported to the DVLA with a request that your access to their database be suspended.

Your options now consist of the following:

1. Stop sending any letters and demands.
2. Provide the Registered Keeper with a POPLA code.
3. Write to the driver named with details on how they can appeal.

Any further correspondence to the Registered Keeper will be ignored.

Regards,

name

Does this look ok?

Hot_Bring

Yep - get it sent !

EDIT - and it was probably wise to remove point 4, we wouldn't want to upset the monkeys at London Zoo by comparing them to scammers.

bod1467

Any further correspondence to the Registered Keeper will be ignored, unless it contains a POPLA code.

cyclingsimon

Hi just received this email from debt recovery:

About your parking charge
Thank you for your recent communication regarding the above Parking Charge Notice (PCN).
As per the British Parking Association’s (BPA) Code of Practice, Point 22.7, the driver/keeper/hirer was allowed 28 days from the date the PCN was issued and/or 28 days from the date the Notice to Keeper was sent to challenge the PCN. The time to challenge the charge has now expired.

However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.

My findings
The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.
The terms were breached because the vehicle was parked for longer than the time allowed on the site.

Harassment
Within the correspondence harassment has also been referred to and therefore I feel obliged to point out that under S1(3)(c) of The Harassment Act 1997, a course of conduct that someone alleges to be harassment will not be deemed so if the person who pursued it shows that in the particular circumstances the pursuit of the course of conduct was reasonable.
Under the circumstances our course of action has been entirely reasonable and in no way reaches the high threshold of harassment. Our company has legitimately pursued recompense for a breach of the terms and conditions attached to our client’s site.

What you need to do now
Please pay £150.00 by 22nd May 2014. You can pay online or by phone. Go to https://www.debtrecoveryplus.co.uk or phone 0844 561 0965. You can find full details of how to pay on the reverse of the letter(s) sent to you.

What will happen if you do not pay what you owe
If you do not pay the amount by the date shown above, I will pass your case to our legal team, who will consider taking legal action to recover what is due.

What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.


Kind Regards


Hannah Johnson
Collections Department

Hot_Bring

Dear Hannah,

POFA 2012 overrules any of the silly made up rules by G24, DR+ or even the BPA. Under that legislation I, as the Registered Keeper, can name the driver and it dispenses with any liability I have.

This I have done and I will enter into no further petty correspondence with your company as you clearly do not understand ( or maybe do not wish to understand ) the law.

Regards,

The Registered Keeper