Free Traffic Legal Advice

Hi everyone,

There was a previous post here about a parking charge notice (PCN) issued by Gemini Parking Solutions, and an update is now needed along with further advice. Here's the full background:

The PCN was issued in July 2023 for a leased vehicle. The driver parked in a car park and entered an incorrect digit for the vehicle registration while obtaining a ticket.

Gemini Parking Solutions first sent the PCN to the lease company, which then provided the details of the individual leasing the vehicle.

The PCN was sent to the individual without the required lease documents or hire agreement, which was the foundation of the appeal. An appeal was sent via recorded delivery, but no response was ever received.

By October 2023, DRP (Debt Recovery Plus) had contacted the individual with two letters. The most recent letter at the time threatened legal action if there was no response within seven days. The advice here at the time was to ignore DRP, as they cannot enforce the charge by law, so no action was taken.


After months of silence, a “Notice of Debt Recovery” has now been received from DCBL (Direct Collection Bailiffs Ltd). They are demanding £170 and state that legal action may follow if payment isn’t made within 14 days.

A copy of the letter is attached for reference.

What steps should be taken next? Should this letter also be ignored, or does the involvement of DCBL change the situation? Any advice or similar experiences would be greatly appreciated.

Thanks in advance for the help!

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Response below from Gemini.
Email template was first sent without pdf (template as text within body of email) and then sent again with pdf attached -


Thank you for contacting Gemini Parking Solutions


My apologies for the delay in responding to you.


All appeals must be submitted in writing and sent to our appeals team either using our online portal or postal address below:
 
Gemini Parking Solutions London Ltd
PO Box 5767
Dingwall
IV15 0AX
 
Please ensure that you include your full name and address, vehicle registration number, and the Parking Charge Reference when submitting your appeal. 

Please be advised that this notice is not issued under POFA legislation and as a result the points mentioned in your email, are not relevant in this case. Gemini Parking Solutions issue notices when the Terms and Conditions of parking are deemed breached. Payment and validation data is received and processed by our payment match system, and if no payment or validation can be located during this process, a Parking Charge Notice is automatically generated, and issued in accordance to the International Parking Communities (IPC) guidelines.

At the final stage, Registered Keeper details are requested from the DVLA and written notice is sent to the Registered Keeper, advising them of the alleged contravention and providing them the opportunity to submit an appeal, or transfer the liability to the driver at the time of the event if they believe the notice has been issued incorrectly. 


Kind Regards,
Gemini Parking Solutions

Apologies, I did and forgot to update here!
The email was sent with the PCNN number and template.
Should one be resent as a PDF this time?

The Hirer recieved the attached letter today, no other associated letters, other than this one.
How should they proceed?

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On 24/10, the driver took their children to a soft play center. Upon arrival, they found that the payment machine for parking (cash/card) was either out of order or the process had moved entirely online. The driver attempted to use the designated app to make payment but encountered significant issues: poor signal and technical difficulties with the app itself prevented the payment from going through.

After spending about 10 minutes trying to resolve the issue, the driver had to prioritize their children’s soft play session, which was about to begin. They decided to head inside with the intention of sorting the payment once inside. Unfortunately, the driver became distracted and didn’t attempt payment again until roughly 30 minutes later. At that point, they successfully completed the payment, as evidenced by the receipt. However, they were unable to backdate the payment on the app and could only pay for an hour starting from the time the transaction was processed. The driver is aware that their total stay slightly exceeded the hour paid for.

Recently, the lease company informed the vehicle’s keeper that they had received a PCN (Parking Charge Notice) related to this incident. The lease company has charged a £12 admin fee for handling the notice and has contacted the issuing company, Gemini, requesting that the notice be readdressed to the driver directly. They advised that no appeal should be made until the PCN is issued in the driver’s name. As of now (21/11), the driver is still waiting for Gemini to send the notice directly to them.

Key Questions:

Are there grounds to challenge this PCN?

Given that payment was ultimately made (albeit delayed), and that genuine issues with the app and signal caused the delay, does the driver have a valid basis to contest the PCN?
Does the inability to backdate payment on the app provide further grounds for challenge, especially since the driver paid for as much time as they could from the point the transaction was completed?
What should the driver expect when the PCN arrives?
Are there specific details or evidence that Gemini must provide, particularly in the case of a private lease vehicle?

Does Gemini have any legal obligations to provide additional evidence?
For instance, should Gemini provide photographic evidence of the vehicle’s entry and exit, a timeline of the parking session, or a detailed breakdown of the alleged breach?

Does the fact that payment was made for an hour, even if slightly under the full duration of the stay, provide grounds for mitigation?
Could the fact that a payment was made and the overstay was marginal help challenge the validity of the PCN?

Any advice, similar experiences, or guidance on how to handle this situation would be greatly appreciated. The driver wants to ensure they approach this correctly and fully understand their rights before taking action. Thank you!

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