Debt Recovery Plus appeal

Sayomi08

Thank you @Redx. I have sent G24 an email using the template that's on the newbie thread.  I have also sent another email to Bookers to chase up and ask if they can cancel the PCN. Will update when and if they respond. Again, thank you all for the advise and help. 

Sayomi08

So, turns out G24 came back pretty quick with a response. 

"Thank you for your email.

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.

You received a parking charge because the driver breached the terms and conditions of parking - and is therefore liable to pay the amount of a parking charge stated on our signage.  We also refer you to Schedule 4 of the Protection of Freedoms Act, which sets out the legal basis upon which we may demand payment from the vehicle’s registered keeper if the driver fails to pay us the parking charge.

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: [Number and address removed]

2. If you believe this decision is incorrect, you are entitled to appeal to The Independent Appeals Service (Link removed), 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"

I haven't responded to them yet however, I do remember reading somewhere not to go to Independent Appeals service? I also know I need to do more reading on parking eye. Anyone have any advise on what I should do? Can I go to POPLA now seeing as they've rejected my appeal?

Thank you

Le_Kirk

G24 are IPC operators and offer the kangaroo court that is the IAS, no POPLA will be offered.  Refer back to the NEWBIE sticky that will explain why you do not try IAS.

Redx

My previous replies told you the score

I told you quite clearly that G24 would reject your appeal

I clearly told you that popla was not an option

I clearly told you that a landowner cancellation is best , which it still is

You were told to read the newbies FAQ sticky thread , which tells you not to use the IAS

There are no next steps , you are requiring a landowner cancellation , you always were requiring a landowner cancellation , you still are requiring a landowner cancellation

There is no easy get out except for a landowner cancellation

Sayomi08

Hi Redx, 

I knew they would reject the appeal, even though you said popla wasn't an option, I was just being hopeful. I am reading the threads (I'm a slow reader) hence why I did mention not going to the IAS. 

I guess my next question is, what happens if I can't get the landowner cancellation? Is it safe to ignore unless I receive a formal Letter Before Action/Claim or a real court claim? 

Redx

There is no hopeful , they haven't paid to join that service , so are barred from it

Without the landowner cancellation you are awaiting a 30 day LBC , and or a Court claim from the CCBC in Northampton within 6 years

Nothing else can happen except more debt collector letters to file and disregard

Sayomi08

Ok, thank you. Hopefully nothing comes of this and it'll all just go away. 

Redx

It won't go away , more debt collector letters will arrive and a possible court claim via a law firm