Free Traffic Legal Advice

You were parked in a permit holder's only bay and acknowledge that there was a sign to this effect some 4-5 car lengths to your rear which you would therefore have passed. Photo no. 5 posted by you is one taken by the CEO to show your car relative to this sign.

You acted upon the wrong sign i.e. on the other side of a 2-way street.

Shame, as the PCN grounds are misstated, but the council don't normally give way on this as the informal stage therefore 'I need to resolve this before any NTO is issued, as Tusker will automatically pay and then pass the cost to me, removing my ability to appeal properly.' is a tall order IMO.

Would it not direct to me after the first appeal?

Hello,

I received a PCN today for contravention code 12 (parking in a residents bay) in Wandsworth Council, issued on 20/03/2026 at KEILDON ROAD.

I did pay for parking as there is a Pay and Display sign which I saw and paid according to. However, I failed to notice that the side of the road I parked on is residents only.

The nearest residents only sign is approximately 4-5 car lengths away from where I parked. The PCN photographs themselves don't show a residents only sign near my car, they actually show the Pay and Display sign.

The vehicle is leased through Tusker. I need to resolve this before any NTO is issued, as Tusker will automatically pay and then pass the cost to me, removing my ability to appeal properly. The PCN was issued today so I'm within the discount period.

I've attached the PCN and photos. The PCN photo clearly shows the Pay and Display sign with no residents-only signage visible near my vehicle.

Any help is greatly appreciated, happy to provide any additional info needed.

It’s a fishing exercise, lots of them do it to try to persuade you to identify the driver.

You appealed as hirer in the face of non-compliance with PoFA 2012, didn’t you?

You can ignore this, they will then reject your valid appeal, allow you to get the IAS to do the same, but would lose in court.

I did indeed appeal with PoFA 2012, worth just sending the same appeal again to speed it up?

I'll have to go court in the end I assume if they chase it past IAS? I'm fine with that, they'd lose on PoFA 2012 alone.

I'm going to assume that that Notice to Hirer (NtH) has been sent to you, in your name. Was there anything else included with that NtH?

Assuming nothing else was included with that NtH (they usually fail to comply with this), they cannot hold the Hirer liable. Only the driver can be liable and they have no idea who that is, unless you tell them, which you are under no legal obligation to do so.

So, if I am correct with my assumptions above, you can appeal that NtH with the following:

quote]I am the Hirer 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 Hirer (NtH) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Hirer of the vehicle liable for the charge. You have failed to comply with PoFA Ά14(6). 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 Hirer 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 at IAS and even less should you be so stupid as to try and litigate, so you are urged to save us both a complete waste of time and cancel the PCN.

[/quote]

Correct, this is the Notice to Hirer and nothing was included, just the letter.

Am I able to appeal even though I'm not the Hirer by what Tusker has said?

I'm assuming they sent this to me based off the email I sent them, but they didn't wait for anything from Tusker and sent this in a rush to get their money.

This is what Gemini said when I initially emailed them:

"Thank you for contacting Gemini Parking Solutions

My apologies for the delay in responding to you.

Having investigated this, a transfer of liability has been sent by the leasing company, once this has been actioned a parking charge will be issued.

Once this has been issued, this will allow you to pay or appeal through our website."

Yes correct in the retail park, JD gym didn't respond to my emails. Ignoring me, So I cancelled my membership with them

Reach out to them then, they are the ones who actually hired the cowboys who issued you the invoice.

Why didn't the gym manager get this cancelled for you? I've had Tesco and a retail park successfully cancel such invoices for me.

Thank you that is very detailed.

I'll get those emails over to the relevant parties and come back when I have more.

Enjoy your time off!