G24 Parking Appeal - Stage 2

antheana

Hi all,

There are so many threads, I wasn't sure whether to add this or not, but decided to start a new one and hope someone can help.

As the keeper of a vehicle, I received a contractual PCN by post from G24 demanding I pay £100 (no VAT breakdown) for exceeding the 75 minute permitted time by 47 minutes.

I followed the advice in the newbies post and sent an appeals letter, but added that they had sent the PCN outside of the 14 day requirement (their issue date was 7 April, but I, the keeper, received it 15th April and the alleged offence was 28th March).

They have since replied, ignoring my statement regarding receiving the PCN outside of the 14 days, but have mentioned that

they've received legal advice regarding pre-estimate of loss

I haven't specified the way in which I allege they do not have authority to issue charges

the driver of my vehicle entered into a contract with them by the act of parking the vehicle

the act (Protection of Freedoms Act 2012) permits charges to be rendered on private land

They also quoted a case by Judge Ackroyd in 2008 where someone who didn't specify who the driver was had a court ruling against him based on the probability he was the driver and was ordered to pay the charge and court fees.

They say any further correspondence sent to them will be ignored and give me 3 options - pay, appeal, do nothing and they'll use debt collectors

They have NOT provided a POPLA code, which was asked for as per the template letter.

I've seen some suggestions that this should now be ignored or this should be appealed to IAS....what shall I do?

If the driver has a receipt of items purchased during that alleged time of parking, should these be submitted in a further appeal? These were omitted from the initial letter sent (I've only seen that this probably should have been included), but have spoken with the store in question and they said they can't help.

Please help!

Coupon-mad

They can't give a POPLA code because they aren't in the BPA AOS. Current advice is either to ignore or to register 'intent to appeal' in order to see their cards (evidence case).

Then (my view) is, just stop there and don't actually appeal unless you can see big holes in their case. For example, if they insist on pursuing POFA 'keeper liability' and yet you can show from the franking on the envelope their letter was posted in, that it was posted the following week. I doubt the envelope was franked with a date but that's the sort of proof the IAS would expect, they won't listen to a consumer.

If not, then at least you get to see their shaky 'evidence' which you can just file away with all the daft debt collector 'demand' letters. Just look how many court claims G24 have tried:

http://www.bmpa.eu/companydata/G24.html

If the driver has a receipt of items purchased during that alleged time of parking, should these be submitted in a further appeal? ...have spoken with the store in question and they said they can't help.

Not in an appeal, no. The IAS do not look at anything like that.

But in further complaints to the Head Offices of all the retailers and also the retail park management (usually easy to Google).

HTH and please no posts AT ALL (please) about debt collector letters:

https://forums.moneysavingexpert.com/discussion/5035663

Ralph-y

"If the driver has a receipt of items purchased during that alleged time of parking,"

so in adition to ...

"But in further complaints to the Head Offices of all the retailers and also the retail park management (usually easy to Google)."

who and how much ?

Ralph:cool:

antheana

Thanks @Coupon-mad. As the keeper, I will register my intent to appeal on behalf of the driver and see what happens. You're right, no franked mail. It was late. They know it was, which was why they did not address is in the reply they sent me.

It doesn't even make sense, all this is going to do is prevent people from going shopping if, after all the money they spend, they still have to pay a parking fine at the end of it!

Thanks for the help! :-)

Ralph-y

"It doesn't even make sense, all this is going to do is prevent people from going shopping if, after all the money they spend, they still have to pay a parking fine at the end of it!"

did you complain to the retailers ?

if not how will the retailers know ?

good luck

and

keep going

Ralph:cool: