Response from the appeal letter I sent

Dom_256

After re-visiting the parking site for the PCN and noting that there was no obvious signage at the entrance, and the notices that were posted inside the lot were not legible unless you were standing next to them I posted an appeal letter via G24's on-line website.

I used the default text from "Template appeal for BPA or IPC members - copy this wording into the online appeal box" and included a photo of the entrance as evidence.

I note the following from their response included below
1. no POPLA code was given
2. i didn't confirm or deny who was driving only that i was the keeper
3. they claim to have taken photos on public land although they also say their land is private

What do i do next?

Thank you for your email.

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.

You have stated that you were not the driver of the vehicle at the date and time of the breach of the contractual terms of the car park, however you have failed to inform us who was.

Judge Ackroyd, 2008, Oldham Court, Combined Parking Solutions versus Mr Stephen Thomas, in the case where Mr Thomas claimed not to be the driver, but did not state who was, ruled that on the balance of probability he was the driver and ordered the Charge to be paid plus additional court costs.

If, at the end of the period of 28 days (beginning with the day after the date on which this correspondence is issued), you have not complied with the above, then we have the right to take recovery action against you.

The photographs were taken in a public place and therefore do not constitute personal data under the Data Protection Act. Apart from the photographs, and the data which relates to those photographs (i.e. location and time taken) we confirm that the only other data we hold for you is your name, address and registered number of the vehicle, all of which you already know.
All data is securely stored by us and is destroyed in line with a suitable destruction schedule which takes into account industry and legal requirements.

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 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.

As your appeal has been rejected, 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 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

waamo

You won't get a POPLA code as these are IPC members. The Newbies thread covers this.

fisherjim

Your chances of this going any further with these idiots:

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

Redx

do nothing , like the NEWBIES FAQ thread tells you

there was never any chance of G24 cancelling the pcn as there is no profit in that action

there was NEVER any chance of a POPLA code as they are not in the BPA AOS (google it)

a landowner cancellation is your best option and always was your best option, the appeal was just a paper exercise

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Dom_256

this surprises me because their website g24-co-uk clearly has a BPA badge on the bottom of their home page, and this is why i requested the POPLA code

Coupon-mad

No it doesn't.

You've missed the Q&A in the NEWBIES thread, especially the one about BPA logos.