RE: Contractual Parking Charge Notice xxxxxxxxx
Thank you for your email.
We respond as follows :
1.****In relation to your suggestion that your parking charge is not a genuine pre-estimate of loss we confirm we have obtained legal advice in this regard and have been advised that not only can our parking charges be justified on the basis that they are in line with the British Parking Association’s guidelines, and that they amount to a genuine pre-estimate of loss, but they are likely to amount to liquidated damages (where the issue of pre-estimate of loss is not relevant). 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 classed as liquidated damages.**Either way, our parking charges are fully enforceable and no 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);
2.****You do not specify in what regard you consider our signage does not conform to the British Parking Association’s Code of Practice. Accordingly, we are unable to respond specifically.**However, we are able to confirm to you that we are confident that all our signage does comply with the British Parking Association’s Code of Practice and this is supported by the fact that we have been successfully audited successfully by an independent assessor on behalf of the British Parking Association; and
3.****Again, you do not specify in which way you allege we not have authority to issue charges over the land where the car park is located.**However, we can assure you that the parking management at the car park where you received a parking charge has been contracted to us.**Again, we are able to confirm that we have been successfully audited by an independent assessor on behalf of the British Parking Association.
After consideration of the information provided by you, your dispute has been unsuccessful as proof of purchase has not been supplied for the day in question therefore the Contractual Parking Charge Notice still applies.**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.
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: 0845 452 7777 or by sending a cheque or postal order to G24 Limited, PO Box 3320, Gerrards Cross, Buckinghamshire, SL9 8WT.
2. Make an appeal to POPLA within 28 days - The Independent Appeals Service by completing the accompanying form or by making your appeal online at http://www.popla.org.uk your POPLA verification code is: 2711624002. Please be advised that if you opt for independent arbitration of your case, the ability to pay the parking charge at the reduced rate of £50.00 will be at end. If you opt to pay the parking charge you will be unable to appeal to POPLA.
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.
4. Supply copies of your receipts for the day in question or your bank statement with your private details erased showing the transaction(s) on our client's site within 14 days.**Please do not send in original documents as they will not be returned.
To Pay your Parking Charge visit http://www.payyourcharge.co.uk or call our payment line on 0845 452 7777.
DO NOT REPLY TO THIS EMAIL, if you wish to continue your appeal visit our appeals website at http://www.appealyourcharge.co.uk.
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