Contractual parking charge notice

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Today i recieved a parking charge notice from G24 for an overstay of 25 minutes (115) in a 90 minute free parking bay. The charge amount £90 reduced to £50 if i pay within 14 days, they have attached photos of my car entering and leaving with times on them. Do i pay these guys because i have no leg to stand on?

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  • jlemaitre
    jlemaitre Posts: 299 Forumite
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    No, You need to request this thread moved to the correct section. Ask a mod to move it for you. In the parking tickets/charge section there's a thread you're asked to read before posting a thread yourself.

    Once you've read the sticky thread, outline some details of the car park, company etc in your thread.

    You are requested never to say who was driving and never offer to pay.
  • Gunnerant90
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    New to this site not quite sure what im doing or to need to do yet thanks for your help though
  • Gunnerant90
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    Recieved this response when i used the template in the forum. What do i do next if anyone could advise please

    Thank you for your recent correspondence.

    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.

    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.

    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 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 22 Dec 2017 at 11:57 and exiting 22 Dec 2017 at 13:52. 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 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. 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
  • waamo
    waamo Posts: 10,298 Forumite
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    You need to post everything in this forum

    http://forums.moneysavingexpert.com/forumdisplay.php?f=163
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
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    Not sure how they can use evidence purely from entry and exit cameras as evidence of how long you were parked - clearly, it was a very busy day and it took you 15 minutes to find a parking space.

    Alternatively, you're just really REALLY bad at parking and it took you 15 minutes to get into one......

    :D
  • Le_Kirk
    Le_Kirk Posts: 22,309 Forumite
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    Just send a PM to a board guide (Crabman, savvy or soolin) and they will move it to the Parking & Tickets sub forum.
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