G24 parking appeal

sturman

Hi

Appreciate any help..

My son went to a course recently and parked in a car park that was monitored by a private company, He went 4 days in a row and have since received 4 Contractual Parking Charge Notices from a company called G24, We went and looked at the signs saying no parking , they were there but not very clear..

I c/p an appeal to the company that i took from this website,and they have turned down all 4 appeals...I made sure i did not say i was the driver of the car only the registered keeper, below is a the reply

Dear Mrs*********

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


Thank you for your email.

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

We can confirm that parking management at this site has been contracted to us. As a member of the Independent Parking Committee, we are constantly audited to ensure that we have all relevant contracts in place. We will provide the Court with a copy of this in full if they require it.

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.

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 Independent Parking Committee's Approved Operator Scheme.

A copy of our signage will be provided in any Court proceedings and a copy of our terms and conditions is clearly stated on the Notice to Keeper you have received.

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.

The terms and conditions of the car park are displayed in prominent locations throughout the car park. Any vehicle found in contravention of these terms and conditions is subject to a Contractual Parking Charge Notice. Vehicles entering and exiting the car park are monitored and details of their registration number and time of entry/exit are recorded. Your vehicle was logged entering the car park on the 19 May 2017 at 07:17 and exiting 19 May 2017 at 10:54. Photographic evidence of the breach of contractual term is provided on your Contractual Parking Charge Notice.

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 (https://www.theIAS.org), 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 http://www.payyourcharge.co.uk 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 at http://www.appealyourcharge.co.uk.

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Registered in England. Company Registration number: 5457196. Registered Company address: Batchworth House, Batchworth Place, Church Street, Rickmansworth, Herts, WD3 1JE.

This email (and any attachments) is intended solely for the individual(s) to whom it is addressed. It may contain confidential and/or legally privileged information. Any statement or opinions therein are not necessarily those of G24 Ltd unless specifically stated. Any unauthorised use, disclosure or copying is prohibited. If you have received this email in error,please notify the sender and delete it from your system. Security and reliability of the e-mail and attachments are not guaranteed. You must take full responsibility for virus checking.

Fruitcake

You are now in ignore mode like the NEWBIES thread tells you unless and until you get a LBC/LBCC/LBCCC/MCOL.

That's it for now.

If you get real court papers then come back for more help. Meanwhile, take pictures of the entrance, entrance signs, plus any other signs. Especially if it is possible to park without passing the signs.

The BMPA motoring charity will tell you how likely G24 are to try court.

What happened when the keeper complained to the landowner/company/college that ran the course?

fisherjim

These are the bottom feeding Muppets you are dealing with, not much to worry about:

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

Coupon-mad

Ignore them. By that we mean NO reply, no phone calls, no emails and also ignore debt collectors.

Come back if they break the habit of a lifetime with a pathetic claim to defend.