Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: TSE on March 28, 2025, 01:40:58 am
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;D Brilliant, Thanks! ;D
As simple as that! I thought they had the cheek to charge me especially as you are given 90 mins free and I already paid for an additional 2 hours.
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It's not a PoFA compliant Notice to Keeper (NtK) therefore you, the Keeper cannot be liable for the charge. For now consider the following:
There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Gemini has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Gemini have no hope should you be so stupid as to try and litigate this matter, so you are urged to save us both a complete waste of time and cancel the PCN.
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OK, amended to include the back of the PCN.
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Unless the back page of the parking charge notice is entirely blank, we need to see it.
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OK thanks for the reply. I hope I have provided enough information after modifying the post.
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Welcome to FTLA.
To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
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Hi everyone,
I received a PCN from Gemini Parking Solutions for the following contravention:
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I take my daughters to gymnastics at the Leisure centre and as i'm usually there for around 2 hours, I usually pay the 50p to cover off any extra time I need. The parking signage does state that you get the first 90 mins free, so I was surprised to see a PCN come in the post demanding £100 (reduced to £60 if you pay earlier).
Do you think I have valid grounds for appeal. I have receipt of payment but not sure why I have received a PCN especially if you get 90mins free. We have done the same thing on a week-to-week basis so not sure why all of a sudden they feel they need to send a PCN especially as I pay every.
Thanks in advance
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