PCN G24 - Century Retail Park (Advice Needed)

JamieRidge121

Hi Everyone,

so the story is my fianc! parked here for 241 Minutes where only 180 Minutes is free, they want £60 or £100 after 14 days. we don’t have any red pits or proof of why she was there so long however the appeal made and response from G24 Limited is as follows, any guidance as to what to do next would be greatly appreciated

It is my understanding at with accordance with BPA section 22.12:

22.12 If you reject a challenge you must:
• tell the motorist how to make an appeal to POPLA. This includes providing a template ‘notice of appeal’ form, or a link to the appropriate website for lodging an appeal and the 10-digit veri cation code. Even if the veri cation code is automatically printed on an enclosed appeal form, it must still be in the dated rejection notice/letter.
• give the motorist a reasonable amount of time to pay the charge before restarting the collection process. We recommend that you allow at least 35 days from the date you rejected the challenge.

They must have included the POPLA code however as you will see they have not done that however it has included theISA.org so i’m Confused, also they have fully refused to provide the items I have requested which my understand was that they could not do

Anyway here are the letters:

Initial Appeal:

Without prejudice, except as to costs


Parking Charge Notice - Notice to Keeper [xxxxxxxxxxxx]


This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

I am the registered keeper of a Ford KA registration number xxxxxxx.

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.

Please explain on which of the following grounds your claim is based:

(i) ​Damages for trespass

(ii) ​Damages for breach of contract

(iii)​ A contractual sum

2. Your loss.

If it is your case that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.


3. Your status – the creditor.

Your Parking Charge Notice - Notice to Keeper simply mentions GS4. Please tell me who is the actual creditor making this £60/100 parking charge demand. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises.

Please tell me who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

7. Summary

I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.

If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

Yours

Xxx xxxxxxx



Response from G24 Limited:

Dear xxxxx xxxxxxxxx

RE: Contractual Parking Charge Notice xxxxxxxxxxxx

Thank you for your recent correspondence.

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 operate the car park in accordance with the BPA/AOS guidlines, I refer you to section 7.1.

"7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent) before you can start operating on the land in question. The authorisation must give you the authority to carry out all the aspects of the management and enforcement of the site that you are responsible for. In particular, it must say that the landowner requires you to keep to the Code of Practice, and that you have the authority to pursue outstanding parking charges, through the courts if necessary."

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.

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.

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 may 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 (theIAS), 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 payyourcharge 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 appealyourcharge

Please consider the environment before printing this e-mail

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.


I would really appreciate some input on where I can go next with this.

Thanks

Umkomaas

Without prejudice, except as to costs

Do you know what that means?

Ignore anything now unless you get a LBA or MCOL (see NEWBIES FAQ sticky, post #5 for acronyms).

If it goes to court you do realise you will be unable to show that initial appeal to the judge?

https://bmpa.zendesk.com/hc/en-us/articles/203549442-G24-Ltd

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

Have you complained to the landowner and asked them to intervene and get this cancelled?

Redx

G24 are IPC members so any BPA references and popla codes etc are irrelevant

there was never going to be a popla code, seeing as G24 moved to the IPC a few years ago

if you have appealed and had it rejected , you are in IGNORE MODE unless G24 or their solicitors issue a formal LBC or an MCOL via Northampton CCBC

G24 have 6 years to try a court claim

you can IGNORE any debt collector letters

a landowner cancellation is your best option (by complaining)

Coupon-mad

What happened when you complained to the retailer, as found on EVERY successful G24 thread? They aren't BPA/POPLA!