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Hello everyone! I'm new to things like this (online forums etc), so please bear with me; I will do my best to help any others who may, in turn, kindly be able to help me.
Like most people on here I'd imagine, I am very unhappy over receiving a parking charge notice from G24 Ltd on 17/3/18, received at the address of the registered keeper (me) of the respective vehicle. This notice has resulted from (according to G24) this vehicle having overstayed the permitted stay time of 90 mins by 38 mins (128 mins total), within a (small) retail park car park on 10/3/18. The driver of this vehicle at the time was a genuine customer of one of the shops at this retail park on that day and has a receipt as evidence in support. This has not yet been provided to G24, but I offered to do so upon receipt of their formal written request. As per usual, they are demanding that I pay them £100, reduced to £60 if I pay them within 14 days of receiving their PCN.
I have already faithfully followed the advice available on here regarding making an appeal and submitted this to G24 through their online appeal page via their website. Interestingly, I do not have a copy of my appeal as they had clearly prevented the use of a 'copy & paste' function within their website, so I had no choice but to hand-type it into their website from scratch. Furthermore, they had set up some kind of a 'one-line window' of visibility, making it impossible to read your written appeal fully, both as you were writing it and once you had completed it, ready for submission.
Q1: Am I legally entitled to receive a copy of my original appeal, without revealing that I don't have one myself?
My appeal covered the main key points that I picked up from here; stated WITHOUT PREJUDICE, did not confirm who was the driver of the vehicle, potential breach of DPA, breakdown of costs/damages, copy of contract with landowner etc. Rather oddly, at 3:01 AM this morning (21/3/2018), I received the following email in response:
Like most people on here I'd imagine, I am very unhappy over receiving a parking charge notice from G24 Ltd on 17/3/18, received at the address of the registered keeper (me) of the respective vehicle. This notice has resulted from (according to G24) this vehicle having overstayed the permitted stay time of 90 mins by 38 mins (128 mins total), within a (small) retail park car park on 10/3/18. The driver of this vehicle at the time was a genuine customer of one of the shops at this retail park on that day and has a receipt as evidence in support. This has not yet been provided to G24, but I offered to do so upon receipt of their formal written request. As per usual, they are demanding that I pay them £100, reduced to £60 if I pay them within 14 days of receiving their PCN.
I have already faithfully followed the advice available on here regarding making an appeal and submitted this to G24 through their online appeal page via their website. Interestingly, I do not have a copy of my appeal as they had clearly prevented the use of a 'copy & paste' function within their website, so I had no choice but to hand-type it into their website from scratch. Furthermore, they had set up some kind of a 'one-line window' of visibility, making it impossible to read your written appeal fully, both as you were writing it and once you had completed it, ready for submission.
Q1: Am I legally entitled to receive a copy of my original appeal, without revealing that I don't have one myself?
My appeal covered the main key points that I picked up from here; stated WITHOUT PREJUDICE, did not confirm who was the driver of the vehicle, potential breach of DPA, breakdown of costs/damages, copy of contract with landowner etc. Rather oddly, at 3:01 AM this morning (21/3/2018), I received the following email in response:
"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.
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.
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 (
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"
It doesn't appear to read like a 'standard' template rejection email to me.
Q2: Is that what this is or do I need to worry?
Q3: Is it legally acceptable to respond to my appeal in this manner, without a properly addressed letter with an address/company details etc?
If it helps, or indeed is necessary, I will attempt to upload the original PCN which I received, along with a copy of my appeal email (if I can obtain a copy) and photos of the car park & signs etc.
Q4: Does anyone on here need to see these before helping me further or can you work from their response email above?
Q4: What should I do next, please?
ANY help that ANYONE can offer me with this matter will be VERY much appreciated. Many, many thanks to all.
Best regards,
MPM
It doesn't appear to read like a 'standard' template rejection email to me.
Q2: Is that what this is or do I need to worry?
Q3: Is it legally acceptable to respond to my appeal in this manner, without a properly addressed letter with an address/company details etc?
If it helps, or indeed is necessary, I will attempt to upload the original PCN which I received, along with a copy of my appeal email (if I can obtain a copy) and photos of the car park & signs etc.
Q4: Does anyone on here need to see these before helping me further or can you work from their response email above?
Q4: What should I do next, please?
ANY help that ANYONE can offer me with this matter will be VERY much appreciated. Many, many thanks to all.
Best regards,
MPM
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