G24 Appeal for Company Car Driver

Fake_Shemp · 14 July 2014 at 1:57AM

Hello,

I've read the newbies section and would like some clarification on how to word my appeal as a company car driver. Should I describe myself as the 'keeper' or 'driver' of the vehicle?

G24 have sent a Contractual Parking Charge Notice to the fleet company as the registered keeper for exceeding the 3 hour parking limit at a shopping centre car park. Fortunately the fleet company haven't paid the charges, they forwarded the notice to me saying "the parking operator will reissue you the parking charge notice sending it to your address". So far, G24 haven't sent anything to my home address, but it would probably make sense to appeal immediately, as it appears the fleet company have already identified me as the driver.

Using the short template commonly used on the forum, would it be OK to change the 'registered keeper' part to 'driver' as follows:

Dear G24,

This is an appeal against the charge issued to the vehicle with the registration XXXXXX, charge reference XXXX.

It is the driver's assertion that :

1. The charge is not a genuine pre-estimate of loss.
2. That the signage does not conform to the BPA CoP to which G24 has committed.
3. That G24 has no authority to issue charges over the land in question.

As such the charge is rejected. You should now either cancel said charge or provide a POPLA code for the driver to appeal to the independent adjudicator.

Any further correspondence other than confirmation of cancellation or a POPLA code will be considered harassment and could result in legal action being taken against you.

Yours,

Print name ( don't sign ).

Dee140157 · 14 July 2014 at 6:29AM

If you have the car all the time, appeal as keeper. Use the full template as per the Newbie thread.

The reason you appeal as keeper, is that depending on your lease, you may not have been driver.

Fake_Shemp · 14 July 2014 at 8:49AM

It would appear that the fleet company have already identified me as the driver and asked G24 to send their invoice to my home address, so I don't think G24 are in any doubt as to the identity of the driver. I also don't want G24 sending any more correspondence to the fleet company in case they decide to apply administration charges, or even worse pay the invoice.

If you still think I should use the word 'keeper' in my appeal, I will do that and drop the word 'registered'. I'm the only driver of the vehicle, so in that sense I suppose I am the keeper.

Hot_Bring · 14 July 2014 at 9:02AM

Fake_Shemp wrote: »

It would appear that the fleet company have already identified me as the driver and asked G24 to send their invoice to my home address, so I don't think G24 are in any doubt as to the identity of the driver. I also don't want G24 sending any more correspondence to the fleet company in case they decide to apply administration charges, or even worse pay the invoice.

If you still think I should use the word 'keeper' in my appeal, I will do that and drop the word 'registered'. I'm the only driver of the vehicle, so in that sense I suppose I am the keeper.

Assuming more than one person is legally entitled to drive your car how do the fleet company know who was driving ? No, carry on using the word keeper.

Regards, G24 are pathetic !!!!! cats who lie and scam and break contracts with their own suppliers. You really don't need to worry about them at all.

Fake_Shemp · 14 July 2014 at 9:15AM

Hot_Bring wrote: »

Assuming more than one person is legally entitled to drive your car how do the fleet company know who was driving ?

That's true because all company employees are insured to drive the car if necessary. The fleet company can't be 100% certain I was the driver, they've just named me as the usual driver.

I'll send my appeal as 'keeper' then and let you know if I have any problems.

Thanks to both of you for your help.

bod1467 · 14 July 2014 at 9:27AM

If necessary you could identify yourself as the usual keeper.

Hot_Bring · 14 July 2014 at 9:31AM

And given it's a standard word, what the hell is wrong with the word p.u.s.s.y. ? Tom Jones would turn in his grave ..... if he were actually dead !

Fake_Shemp · 16 July 2014 at 12:19AM

I appealed G24's invoice online using the longer template as advised, and received a lightning-fast rejection e-mail, the timing of which makes it obvious they didn't even bother considering my appeal. It seems G24 have their very own rejection template which they use in response to forum members using the now familiar appeal template, and responded with exactly the same drivel recently sent to other victims.

No doubt G24 are avid fans of the forum and visit here every day, just to see their name mentioned. They also sent their rejection template from an e-mail address which doesn't accept replies, so I couldn't argue the toss even if I wanted to.

Just for the record, G24's response is quoted below. Their comment that 'proof of purchase has not been supplied for the day in question' is irrelevant in this case, because it was a free car park with a 3 hour time limit. They also laughably claim 'we have extensively investigated this Contractual Parking Charge Notice', yet they replied within 2 hours of my appeal!

RE: Contractual Parking Charge Notice ************

Thank you for your email.

Our claim is not based on trespass, but on a breach of contract.

We have taken legal advice and we have been advised that not only can our parking charges be justified on the basis that they amount to a genuine pre-estimate of loss but are likely to amount to "liquidated damages". This is because the Court's position is that where the parties to a contract agree to fix the amount which is to be paid by way of damages in the event of a breach of contract - which is the basis of the contract detailed on our signage - a sum stipulated in this way (particularly in circumstances where there is difficulty in calculating a precise estimation) is likely to be classed as liquidated damages. Either way, our parking charges are fully enforceable and do not amount to a "penalty". You should also be aware that in accordance with the case of Robophone Facilities v Blank the onus of proving that an amount claimed is a penalty, rather than liquidated damages, is upon you (as the party against whom the parking charge is claimed).

We confirm that it is not necessary for us to provide you with a breakdown of our parking charges at this time. That information is confidential, but is available and will be provided to the Court in the course of Court proceedings, if necessary, and if payment has not been made before then.

This is not applicable, as our Contractual Parking Charge Notice is based on a breach of the terms and conditions of parking as advertised on signage displayed throughout the car park, not trespass.

There are sufficient signs at the entrance to and in prominent locations throughout the car park displaying the terms and conditions. Your are welcome to revisit the site to view the signage, we advise you to adhere to the terms and conditions of parking when visit the site. Our signage complies with the British Parking Association's requirements.

We manage the car park on behalf of our client - and our client is not involved with the issue nor enforcement of our Notices to Keeper.

After consideration of the information provided by you, your dispute has been unsuccessful as proof of purchase has not been supplied for the day in question therefore the Contractual Parking Charge Notice still applies. As we have extensively investigated this Contractual Parking Charge Notice and provided you with the results of our investigation, no further investigation will be undertaken.

You now have one of the following options available to you:

1. Pay the outstanding Parking Charge. Payment of your Contractual Parking Charge Notice can be made via the payment line: 0845 452 7777 or by sending a cheque or postal order to G24 Limited, PO Box 3320, Gerrards Cross, Buckinghamshire, SL9 8WT.

2. Make an appeal to POPLA within 28 days - The Independent Appeals Service by completing the accompanying form or by making your appeal online...your POPLA verification code is: **********. Please be advised that if you opt for independent arbitration of your case, the ability to pay the parking charge at the reduced rate of £40.00 will be at end. If you opt to pay the parking charge you will be unable to appeal to POPLA.

3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

Customer Services
G24 Ltd

G24 didn't include a POPLA form with their response, but I understand with the verification code I can appeal online via POPLA's website. I've checked the POPLA code and it is a genuine one, issued by G24 the same day as the rejection template.

I will now study the POPLA templates and post mine here for evaluation before my next appeal.

Keep up the good work and thanks again.

Dee140157 · 16 July 2014 at 7:26AM

Suggest you look at a template that rebuts the contractual charge issue, eg Athena template.

Coupon-mad · 16 July 2014 at 12:55PM

I don't think it's needed Dee, G24 aren't that clever and they just use a breach of contract/loss model. They just happen to call their ticket a 'Contractual Parking Charge Notice' to make it sound all official, like!