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G24 Contractual Parking Charge Notice

MagicA
MagicA Posts: 5 Forumite
edited 15 July 2014 at 5:01PM in Parking tickets, fines & parking
Hi
Received this item on Friday, read through forum, so decided to appeal. I used the appeal letter posted on this site and used G24s online appeal process last night.

I had overstayed the free parking by 57 minutes.

This is the reply I received today.

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.

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.

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.

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.

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 at popla.org.uk 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 £50.00 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.

4. Supply copies of your receipts for the day in question or your bank statement with your private details erased showing the transaction(s) on our client's site within 14 days. Please do not send in original documents as they will not be returned.

Customer Services
G24 Ltd


HELP... What should I do now?

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    simple, first, edit out your popla code

    next , read the NEWBIES sticky thread, post #3 and the links to the popla appeals

    prepare a draft popla appeal and post it on here for fine tuning before appealing to popla

    also check their signage to see if what they are saying is true or false
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    Look at an Athena example in the templates as it deals with contractual charge.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Edit out the PCN reference too.
  • Hot_Bring
    Hot_Bring Posts: 1,596 Forumite
    Use POPLA as per the Newbies thread.

    As for taking legal advice - ha ha ha ha ha - G24 are absolutely LYING there like they always LIE. That's because they are scammers and are easily beaten.
    "The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
  • Yolly
    Yolly Posts: 1 Newbie
    I received a parking fine from G24 in Salford Shopping City. I was in a hire car and the charge got sent to the lease company and they paid the fine without my knowledge and only sent me the bill after they had made the payment.

    What are my options? I have tried to dispute the charge with G24 but as it has already been paid, they say the case has been closed and that I should deal with the lease company.

    Help please. Thank you.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    please start your own NEW THREAD using the blue NEW THREAD BUTTON , thanks (dont hijack somebody elses topic)
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yolly wrote: »
    I received a parking fine from G24 in Salford Shopping City. I was in a hire car and the charge got sent to the lease company and they paid the fine without my knowledge and only sent me the bill after they had made the payment.

    What are my options? I have tried to dispute the charge with G24 but as it has already been paid, they say the case has been closed and that I should deal with the lease company.

    Help please. Thank you.

    The home page of the forum is always one hop back - one click on the breadcrumb trail blue linky above. My signature tells you where to click in case you can't see the words up the top (they are small).

    Then read the NEWBIES thread and start your own thread on page one. You need to tell us in your new thread who the IDIOT lease firm are and what they said.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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