G24 PCN response

Hi All,
Has anyone dealt with G24 before? I received a NTK and sent them the blue template online. I then got the following and wondered what my next response should be? Should I take it through the IAS?

"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.

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.

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 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 (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

Thankyou for any advice anyone can give.