PCN from G24 Ltd

[pould]

Hi folks,

 

I've received a PCN from G24 Ltd and have written the below letter in response. I think I'm pretty well on top of it, but any extra advice warmly welcomed.

 

Thanks,

 

Peter+

 

-------------Letter Follows--------------

 

I have received a communication from you which arrived on the 26th of August 2015 claiming a breach of contract between the driver of the vehicle registered XXXXXXX of which I am the registered keeper.

At this point I accept no liability and do not accept any breach of contract. I do not admit being the driver of the vehicle at the time in question.

In order to proceed in this matter, please address the following issues.

i) The alleged breach of contract occurred on the 11th of August 2015. The Parking Charge Notice to Keeper was delivered through my front door on Wednesday the 26th of August 2015 by the Royal Mail. This is a period of FIFTEEN DAYS. The Protection of Freedom Act 2012, Schedule 4, Paragraph 9(5) states that the Notice to Keeper must be delivered WITHIN FOURTEEN DAYS of the alleged breach of contract.

Please provide me with a proof of date of posting. Please note, I will not accept as sufficient evidence an internal date of issue – you must provide me with clear documentary evidence that the Notice to Keeper was handed over to your specified agents for delivery on or before the 23rd of August 2015 in order for me to accept a reasonable presumption of delivery two working days after postage.

ii) You state in your Notice to Keeper that the property on which the vehicle was parked belongs not to G24 Limited but rather to your client. Therefore, in order to pursue this matter please provide for me:

a. The full legal title of your client

b. Evidence that your client holds claim and title deed to the specific place where the vehicle XXXXXXX was allegedly parked. Please note, this must be either the original title deed to the land OR a certified copy of the title deed. I will not accept a photocopy as necessary proof. If you require any of this documentation to be returned to you please provide sufficient paid postage and packing material for its return.

c. Evidence that a contract exists between you and your client in this matter of establishing a contract for parking on your land. Please note, this must be either the original contract IN ITS ENTIRITY OR a certified copy of the original contract IN ITS ENTIRITY. I will not accept a photocopy as necessary proof. If you require any of this documentation to be returned to you please provide sufficient paid postage and packing material for its return.

iii) Please note in regard to ii(b) above, reasonable evidence will need to be submitted that the vehicle registered XXXXXXX was actually parked on your property, not simply that it passed through the entrance to your property and exited from your property whilst actually being parked on a third party’s property.

iv) Please outline the costs involved in calculating the charge being demanded under the breach of contract (£100). Where a claim for loss of revenue connected to lack of ability for customers of your client to park at their store is to be made, please demonstrate that for the time in question – 10:48:06 11 August 2015 to 12:04:47 11 August 2015 – there were no other parking spaces available on this site and that therefore such a loss was actual.

v) Please provide documentary evidence of how you have acquired my personal details as the registered keeper of this vehicle. Where a submission to the DVLA has been made, please provide evidence of the submission and your legal right to make such a submission.

Please also note the following.

vi) Where any further demand for money is made from myself as the registered keeper of XXXXXXX for this alleged breach of contract WITHOUT first providing the reasonable evidence of the existence of a contract as requested above in points (i), (ii) and (iii), I shall consider such a demand for money HARASSMENT as defined in Section 1 of the Protection from Harassment Act 1997 and shall contact the Police accordingly.

vii) Where any further demand for money is made from myself as the registered keeper of XXXXXXX for this alleged breach of contract WITHOUT first providing the reasonable assurances in sections (iv) and (v) above, a repeat of this letter will be issued. I reserve the right to charge G24 Ltd the cost of £25 per letter issued. Your delivery of a letter to me without the material requested in sections (iv) and (v) will be considered an acceptance of these terms.

Sincerely,

[dx100uk]

Freeman of the land twaddle

Totally useless

 

Dx

[pould]

Freeman of the land twaddle

Totally useless

 

Dx

 

Is that directed at me? At no point did I mention that silly notion. All I am doing is asking for the firm in question to establish beyond any reasonable doubt that a contract (that was breached) did exist between the driver of the vehicle and themselves.

 

Nothing to do with "Freeman of the Land" nonsense. I've had three solicitors look at this letter and all of them are very happy with it.

 

Seriously, if this is the best this forum can offer, I'm not sure why I bothered coming here.

[dx100uk]

£25 per letter etc etc

Fmotl almost an exact copy of a letter on another site

 

Why not simply appeal the ticket and get the popla code?

 

No need to go in guns blazing with a whole load of twaddle that will simply mean you letter is binned.

 

When did you get the notice to keeper

And what date was the offence?

 

Dx

[pould]

The answer to your last two questions is in the body of the letter.

 

Nothing that I have written is twaddle. It was passed around three solicitors before being sent. If you have nothing constructive to add, please leave others to offer me advice.

[dx100uk]

It is useless twaddle....

 

All you need to do is appeal the ticket

And await the popla code

 

They'll always fail an appeal anyway

No matter what you write

 

Dx

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=g24+ltd&sa=Search+CAG#gsc.tab=0&gsc.q=g24%20ltd&gsc.page=1

[armadillo71]

G24 are IPC so no POPLA.

 

OP- if yoir timings are correct then there is no keeper liability under the POFA.

 

Make that clear in your appeal that as RK you are not liable.

 

G24 are on the bottom rung of the very short PPC ladder anf could safely be ignored but send your appeal off.

They have never done court.

 

You will receive a response quoting the POFA I expect along with uour rejection...

[pould]

G24 are IPC so no POPLA.

 

OP- if yoir timings are correct then there is no keeper liability under the POFA.

 

Make that clear in your appeal that as RK you are not liable.

 

G24 are on the bottom rung of the very short PPC ladder anf could safely be ignored but send your appeal off.

They have never done court.

 

You will receive a response quoting the POFA I expect along with uour rejection...

 

Hi Armadillo71,

 

Thanks for this. Frankly, the letter is more about establishing grounds for an harassment action than for anything else. In the event that they take me to court, I will have demonstrated that they failed to evidence the existence of a contract when requested. A single demand for money and a threat of X without evidencing a contractual or statutory basis for the liability is simply demanding with menaces (Theft Act 1968). A continued demand for money when a request has been made for evidence of a contractual or statutory basis for the liability is harassment (as defined by the 1997 Act).

 

Any "appeal" I make is there simply to evidence to a court that I carried through with an established process, but there are much wider issues at stake.

 

And all this is before we even establish who drove the car. I am simply responding as the registered keeper, ascertaining as to whether a contractual breach involving my vehicle has occurred. If that can be established (which is doubtful) then we can address the issue of who drove the car.

 

I'm not in the slightest bit scared. They're the ones who should be scared.

[ericsbrother]

the hurdle for harassment is very high, I lnow because I have yaken DEAL and CEL to court for it and they did a damned sight more than sending 1 letter. Stick to the simple fails to meet provisions of PoFA by being late and leave it at that. If they reject then use the IAS appeal and tell them the same. The IAS will then destroy anyy chance of G24 making a court claim by their stupid response.