G24 Second Response

chris5317

Hi All, I sent the first template letter to G24 as advised and they have come back with the below, is there a second letter I know need to send ?


Help appreciated - thanks chris


RE: Contractual Parking Charge Notice 695170315031

Thank you for your recent correspondence.

The nature of our contract with our client is confidential but will be supplied during any Court proceedings.

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.

The Protection of Freedoms Act 2012 ("the Act), (Schedule 4), which governs parking on private land, provides a definition for "parking charge" and "adequate notice" of such private parking charges. The relevant sections of Schedule 4 to the Act state :

“parking charge”

(a) in the case of a relevant obligation arising under the terms of a relevant contract, means a sum in the nature of a fee or charge, and

(b) in the case of a relevant obligation arising as a result of a trespass or other tort, means a sum in the nature of damages ...

... “relevant obligation” means
(a) an obligation arising under the terms of a relevant contract; or
(b) an obligation arising, in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed by parking the vehicle on the relevant land; ...

... The reference in the definition of “parking charge” to a sum in the nature of damages is to a sum of which adequate notice was given to drivers of vehicles

(when the vehicle was parked on the relevant land).
For the purposes of sub-paragraph (2) “adequate notice” means notice given by:
... (b) ... the display of one or more notices which
(i) specify the sum as the charge for unauthorised parking; and
(ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land".

In this instance a parking charge has been issued based on the fact that the driver of your vehicle entered into a contract with us (by the act of parking the vehicle) and our signage (which states the terms and conditions of parking) having been clearly displayed in the car park.

The Act permits parking charges to be rendered on private land, and the case of Parking Eye Limited v Somerfield Stores Limited [2012] EWCA Civ 1338 (Court of Appeal) held that (taking into account inflation) the parking company was entitled to claim a parking charge of a similar amount to that which we have charged, and therefore your reference to the Unfair Terms in Consumer Contracts Regulations 1999 is not of any relevance in the context of this parking charge.

You should also be aware that the amount of our parking charges accords within recommendations by our Trade Associations.

We respond as follows :

1. In relation to your suggestion that your parking charge is not a genuine pre-estimate of loss we confirm we have obtained legal advice in this regard and have been advised that not only can our parking charges be justified on the basis that they are in line with the Independent Parking Committee's guidelines, and that they amount to a genuine pre-estimate of loss, but they are likely to amount to liquidated damages (where the issue of pre-estimate of loss is not relevant). 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 classed as liquidated damages. Either way, our parking charges are fully enforceable and no 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);

2. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. Please visit theias.org for full details.

3. Again, you do not specify in which way you allege we not have authority to issue charges over the land where the car park is located. However, we can assure you that the parking management at the car park where you received a parking charge has been contracted to us. Again, we are able to confirm that we have been successfully audited by an independent assessor on behalf of the Independent Parking Committee.

The photographs provide evidence of the parking event that occurred which show that the driver breached the terms and conditions of parking which were clearly displayed on the signage in the car park. If you wish to receive further documentation, these will be supplied once you make a proper request under the Data Protection Act. The fact that such documentation might be used in any Court proceedings is not a legitimate way to circumvent the Data Protection Act.

G24 Ltd are approved by the DVLA (via the Independent Parking Committee) to receive your personal information. Furthermore, we are registered as a Data Controller with the Information Commissioner's Office. Accordingly, your personal data has been lawfully obtained and is handled by us in the strictest confidence. G24 Ltd are approved by the DVLA (via the Independent Parking Committee) to receive your personal information. We act completely in accordance with the relevant Regulations and although we appreciate that no-one ever wishes to receive a Contractual Parking Charge Notice, we regret to say that in this instance it is clear that a breach of contractual term has occurred and payment is still required from you.

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. Any further correspondence will not receive a response, the options below are still open to you.

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: 0333 733 3000 or by sending a cheque or postal order to G24 Limited, PO Box 3320, Gerrards Cross, Buckinghamshire, SL9 8WT.

2. If you believe this decision is incorrect, you are entitled to appeal to The Independent Appeals Service , The Independent Appeals Service provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the The Independent Appeals Service Standard Appeals Service providing you lodge an appeal to them within 21 days of your first rejection.

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

To Pay your Parking Charge visit or call our payment line on 0845 452 7777.

DO NOT REPLY TO THIS EMAIL, if you wish to continue your appeal visit our appeals website

Fruitcake

I'm not sure what template you used, but if it was a recent one it would not mentioned Genuine Pre-Estimate of Loss. That went out the window in 2015 following the Beavis case.

Hopefully whatever you used, you didn't reveal the driver's identity. You haven't actually given any details ere about the alleged incident, or what happened when you complained to the landowner.

The NEWBIES thread tells you that there is no further worthwhile appeal route available to you, so the advice is to ignore anything and everything you get from now on except real court papers.

You could contact the BMPA motoring charity and they will tell you the likelihood of a G24 court case if you wish.

Edit.

You should have posted this on your original thread, not started a new one. I suggest you cut and paste your post here onto the other thread, then replace the text from your post above that you have moved the question there.

chris5317

ok thanks I have done so