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g24 ticket from b&m Falkirk,Scotland... Help!

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Comments

  • Umkomaas
    Umkomaas Posts: 43,469 Forumite
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    edited 15 August 2017 at 7:51AM
    I've had an email back from David Dunford with the DVLA and he has confirmed they should not be quoting pofa. He has asked if he can contact g24 using the email evidence I sent him to find out why they are quoting pofa.
    My worry is this will make g24 even more adamant that they will not drop my 'invoice' as I have not cause them issue... ?
    Once they have David Dunford on their tail they will drop this urgently. He is the man with the power to cut off their access to the DVLA database which effectively stops their business in its tracks. There is no danger of them escalating anything. So, please, give DD the authority to proceed. You have them on the ropes.
    I am looking to do this but I am waiting to hear if they can still access the keepers database as the incident happened in Scotland- on the basis of contacting who may own the car. even though POFA is not valid, they could argue they still had the right to contact me. It was my reply, where I let slip I was driving- is now the reason I am indeed liable to their invoice.
    They have always had the ability to access the DVLA database for keeper details, regardless of it being Scotland or that PoFA doesn't apply there. But in Scotland (and NI) they can only invite the keeper to provide them with the driver's details. If the keeper doesn't provide them, that's it. They may continue to pester with letters, but the keeper is not liable for the charge.

    However, in England and Wales, where PoFA does apply, if the keeper does not provide the driver's details, the PPC can, under PoFA, hold the keeper liable for the charge. This is the implication in their letter to you that in Scotland the same applies - WRONG, and why DD is now involved.
    I just want this matter to be over and closed. I suffer with mental heath issues and am unable to work at the moment from this. The extra stress and anxiety this matter is giving me is not needed. not to mention the threatened cost.
    This really won't go any further once DD gets to work on G24. Please also write to your MP to tell them how this is affecting you and how it has prevented you from working. They have the power to do something at national level to bring this out of control 'industry' to heel.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • System
    System Posts: 178,355 Community Admin
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    My worry is this will make g24 even more adamant that they will not drop my 'invoice' as I have not cause them issue... ?

    G24 have been reported to DD about this before. DD passed to to Gladstones who said it was an "error" and they would stop doing it. Local Trading Standards were copied in as well - date 26-01-2016
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • TARTANDAISYS
    TARTANDAISYS Posts: 28 Forumite
    edited 15 August 2017 at 8:40AM
    Umkomaas wrote: »
    Once they have David Dunford on their tail they will drop this urgently. He is the man with the power to cut off their access to the DVLA database which effectively stops their business in its tracks. There is no danger of them escalating anything. So, please, give DD the authority to proceed. You have them on the ropes.


    They have always had the ability to access the DVLA database for keeper details, regardless of it being Scotland or that PoFA doesn't apply there. But in Scotland (and NI) they can only invite the keeper to provide them with the driver's details. If the keeper doesn't provide them, that's it. They may continue to pester with letters, but the keeper is not liable for the charge.

    However, in England and Wales, where PoFA does apply, if the keeper does not provide the driver's details, the PPC can, under PoFA, hold the keeper liable for the charge. This is the implication in their letter to you that in Scotland the same applies - WRONG, and why DD is now involved.


    This really won't go any further once DD gets to work on G24. Please also write to your MP to tell them how this is affecting you and how it has prevented you from working. They have the power to do something at national level to bring this out of control 'industry' to heel.

    I am emailing back to give DD my permission, I was just worried it was giving them fuel to hound me more. The DRP letter really worried me- but it seems it has no marking in my credit history. Its states they represent G24, not that the debt is now theirs.
    I had thought that with access to the database, just I shot myself in the foot giving away it was myself driving. I think I was just getting myself in knots over what the issues were over them accessing my details (someone mentioned a breach of the data protections act). However the first letter they sent me did state that if they did not know the drivers details in x amount of days, they could transfer the charge to the keeper.
    oh, to clarify I am unable to work atm due to my mental health in general. this has not caused this issue. although it has not helped my anxiety and stress levels at all.
  • Fruitcake
    Fruitcake Posts: 59,467 Forumite
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    Debt collectors have no powers anywhere in the UK. The only thing they can do is send you very poor quality bog paper.
    They cannot take you to court, send bailiffs round to your home, give you a CCJ, or affect your credit score in any way shape or form.

    The issue here is that G24 have put something in writing stating they can do something and have quoted an Act of Parliament to imply it is lawful.
    Their statement is untrue and is a misrepresentation of facts. This is a serious issue. They have done it before and been told off.
    As long as you give Mr Dunford permission to use the email that the scammers sent you, they will be in even more trouble.

    Unfortunately parking scammers are allowed to access keeper data from the DVLA. However, there are restrictions on what they can do with that data once they have obtained it. In this case they have lied about an act of parliament that does not exist in Scottish law in an attempt to bully and frighten you into giving money to which they are not entitled.

    In addition to complaining to the DVLA, you should complain to Trading Standards, and your MP.
    This is the only way these scammers will ever be stopped. You have it within your power to help with that.
    I married my cousin. I had to...
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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    when you respond to DD, make sure you point out they did this before, and give the date above
    Ask what, as they undertook not to repeat this, additional sanctions DD will apply this time. You suggest suspension from the keeper database until they prove they have destroyed their old templates and paperwork for Scottish addresses is the very minimum requirement
  • trisontana
    trisontana Posts: 9,472 Forumite
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    What's the betting that the idiots who work for G24 are so thick that they don't know that Falkirk is in Scotland?
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • fisherjim
    fisherjim Posts: 7,111 Forumite
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    trisontana wrote: »
    What's the betting that the idiots who work for G24 are so thick that they don't know that Falkirk is in Scotland?

    Let off due to admin error no doubt!
  • Umkomaas
    Umkomaas Posts: 43,469 Forumite
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    fisherjim wrote: »
    Let off due to admin error no doubt!

    One more time, no doubt!

    Funny how they get off a serious charge with a slapped wrist, while an OAP whose car tyre touches a line is penalised to the tune of almost a whole week's pension - quite often their only, meagre, income.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 August 2017 at 11:20AM
    I doubt that David Dunford has any real power and will
    take instructions from "someone on high"

    Let's face it, the parking scam is the BIGGEST SCAM in the UK
    and someone, somewhere wants the scam to continue

    Corruption is not just confined to Asian countries
  • Coupon-mad
    Coupon-mad Posts: 153,177 Forumite
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    edited 16 August 2017 at 6:44PM
    Let's not forget what G24 actually said, this from page one of this thread:
    We rely on the statutory authority contained within the Protection of Freedoms Act to enable us to seek payment from the registered keeper (if the driver does not pay within 28 days) and this overrides Section 4(1) of the Unfair Contract Terms Act 1977. The Unfair Terms in Consumer Contracts Regulations 1999 are also not relevant to the point raised because the Protection of Freedoms Act has come into force since then.
    So, not only are they citing POFA in a country where it doesn't apply in law, but (just as bad) they've told a consumer that the POFA 'overrides' two other Acts of Parliament...ones that DO apply!

    errrmmm...Trading Standards report needed DEFINITELY about all the the above, also reminding TS that there was a previous complaint about the same firm on the date IamEmanresu gave (he knows the score re these complaints).
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