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Live cases legal advice => Private parking tickets => Topic started by: S.M on November 15, 2023, 12:48:39 pm

Title: Re: Gemini Parking PCN - Validation not registered - GLL Waltham Forest Feel Good Centre
Post by: S.M on November 26, 2023, 09:43:37 pm
Quote from: DWMB2 on November 25, 2023, 11:14:25 am
Only email if that's one of the options for appealing - the back of the notice should tell you what methods they accept.

If an occupant was a blue badge holder then make this clear and perhaps include a photo of the badge. Make clear that the driver entered their reg into the tablet and that their system appears to have failed.

You might be wise to appeal as the keeper, not revealing who was driving... You could then include something about their failure to comply with PoFA to hold the keeper liable.

I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012. There is no obligation for me to name the driver and I will not be doing so. No reasonable assumptions can be drawn as to the identity of the driver.

Feel free to show us a draft before submitting anything.

Hi, what I would have written would be :

We entered the correct PCN on the PDA at the Centre and attached is our booking confirmation as well as a picture of the disabled badge.
Title: Re: Gemini Parking PCN - Validation not registered - GLL Waltham Forest Feel Good Centre
Post by: DWMB2 on November 25, 2023, 11:14:25 am
Only email if that's one of the options for appealing - the back of the notice should tell you what methods they accept.

If an occupant was a blue badge holder then make this clear and perhaps include a photo of the badge. Make clear that the driver entered their reg into the tablet and that their system appears to have failed.

You might be wise to appeal as the keeper, not revealing who was driving... You could then include something about their failure to comply with PoFA to hold the keeper liable.

I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012. There is no obligation for me to name the driver and I will not be doing so. No reasonable assumptions can be drawn as to the identity of the driver.

Feel free to show us a draft before submitting anything.
Title: Re: Gemini Parking PCN - Validation not registered - GLL Waltham Forest Feel Good Centre
Post by: S.M on November 25, 2023, 11:01:56 am
Quote from: Hippocrates on November 22, 2023, 10:17:07 am
I am not an expert in Private Parking Law;  but, I would have thought an initial e mail as already suggested to Gemini Parking.

Will send an email tonight. Anyone else can let us know what else to include in the email please?
Title: Re: Gemini Parking PCN - Validation not registered - GLL Waltham Forest Feel Good Centre
Post by: Hippocrates on November 22, 2023, 10:17:07 am
I am not an expert in Private Parking Law;  but, I would have thought an initial e mail as already suggested to Gemini Parking.
Title: Re: Gemini Parking PCN - Validation not registered - GLL Waltham Forest Feel Good Centre
Post by: S.M on November 19, 2023, 09:08:02 pm
Please find attached the signs. First one is by the entrance
2nd if for blue badge parking
3rd is normal parking

[attachment deleted by admin]
Title: Re: Gemini Parking PCN - Validation not registered - GLL Waltham Forest Feel Good Centre
Post by: DWMB2 on November 16, 2023, 03:50:48 pm
They may well have no control over the tablet used for inputting data, but it is their land, and they have hired Gemini to manage it on their behalf! Sounds like they're trying to fob you off, although they may have signed a ridiculous contract that doesn't allow them to intervene. It might be worth, politely, speaking to them again.

Quote from: S.M on November 16, 2023, 01:07:17 pm
Btw - the 21 days does it start from the issue date of the day of the receipt? Thanks
The notice says "within 21 days (beginning with the day after that on which the notice is given)" - it was issued on 7th November, and first class post is assumed delivered 2 working days after, so 9th November. On that basis the last day would be 30th November. That said, it might be wise to submit it before that, just in case they're using the issue date as the starting point.
Title: Re: Gemini Parking PCN - Validation not registered - GLL Waltham Forest Feel Good Centre
Post by: S.M on November 16, 2023, 01:07:17 pm
Quote from: DWMB2 on November 15, 2023, 03:49:08 pm
Quote from: S.M on November 15, 2023, 12:48:39 pm
The driver showed the receptionist their disabled badge and entered the REG number in the terminal.
Are they 100% sure they entered the correct registration? (For future occasions it may be wise to take a photo of the reg entered into the terminal). A good first step would be to be to speak to the leisure centre to see if they will intervene, explaining the issue.

The charge appears to have been issued for failing to pay, although I note from the leisure centre website that parking is free for blue badge holders. Do you have a photo of the signage in the car park?

They haven't complied with PoFA to hold the keeper liable so we can include that in any appeal draft once the above has been explored.

100% sure - Leisure centre has been spoken to and they mentioned they do not have any control over the ipad or the data etc.
I will try and get someone to go over to take a picture of the signs if not I`ll have to drive there on Saturday.

Btw - the 21 days does it start from the issue date of the day of the receipt? Thanks
Title: Re: Gemini Parking PCN - Validation not registered - GLL Waltham Forest Feel Good Centre
Post by: DWMB2 on November 15, 2023, 03:49:08 pm
Quote from: S.M on November 15, 2023, 12:48:39 pm
The driver showed the receptionist their disabled badge and entered the REG number in the terminal.
Are they 100% sure they entered the correct registration? (For future occasions it may be wise to take a photo of the reg entered into the terminal). A good first step would be to be to speak to the leisure centre to see if they will intervene, explaining the issue.

The charge appears to have been issued for failing to pay, although I note from the leisure centre website that parking is free for blue badge holders. Do you have a photo of the signage in the car park?

They haven't complied with PoFA to hold the keeper liable so we can include that in any appeal draft once the above has been explored.
Title: Gemini Parking PCN - Validation not registered - GLL Waltham Forest Feel Good Centre
Post by: S.M on November 15, 2023, 12:48:39 pm
The Driver went to this center and parked in the disabled spot. The driver showed the receptionist their disabled badge and entered the REG number in the terminal. The driver has booking confirmation of the activity at the centre.

The keeper received a PCN yesterday 14/11/2023 with an issue date of 07/11/2023. Just to let you know, the car has been parked at this place for at least 5 occasions before without any PCN but for some reason this time the keeper received a PCN.

Gemini has a history of issuing wrong PCNs to this car. I am thinking there`s some gremlins in their system  :D

Info attached - I am not sure how this can be appealed, whether sending an email to Gemini saying check the records for previous visit or use more technical jargons as per other threads.

[attachment deleted by admin]