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Private parking tickets / Re: Debt Recovery letter - Failure to display valid permit
« on: August 22, 2024, 05:03:15 pm »
Thanks , I'll ignore then.
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Dunno. This is all I can see:
However, if it is from DRP, it will definitely not be an LoC. DRP are just useless and powerless debt collectors. An LoC will give you 30 days to pay, not the usual 14 that all these bottom-dwellers give you.
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We don’t need to see debt collector letters. As you have been advised, they are powerless to do anything. Ignore and please don’t waste our time by showing them to us.
They have already added the fake £70 fee to the original £100 charge. If this ever went to court, that fake added £70 would not be allowed.
If it ever got to court and a judge decided that you owed a debt to Gemini, it would be in the small claims track of the county court where costs are fixed. Of course, if the judge decided that your defence was valid, you would not owe them a penny and you could also ask for your own costs of up to £95 and any mileage/public transport/parking costs.
The fixed costs are the claimants £35 court fee and fixed legal costs of £50. So, in the worst case scenario, the amount at risk is ~£185 which is less than the claim would be for. Also, as long as it was paid in full within 30 days of judgment, there is no record of this on your credit file. It is completely expunged. The only way someone gets a CCJ on their credit record is if they fail to pay it within 30 days.
So, don’t show us any more debt collector letters. Do come back if you get a Letter of Claim (LoC) which is different from a debt collector letter as it must give you a minimum of 30 days to pay. A debt collector cannot send you an LoC. It must come from the claimant themselves or their appointed solicitor.
Don't do a SAR unless and until after a claim has been issued. These days, we rely on the claimant issuing PoC that are so woefully inadequate as to render the claim deficient and that it should be struck out. If/when a claim is issued, you are only responding to the PoC and if you are fully informed before the claim is issued, you run the risk of them claiming that, despite the PoC being deficient, you had received a SAR and were fully aware of what the claim was about.
Anyway, please stop referring to it as a "fine". If you can find that word anywhere on your correspondence, I will pay it for you. What they are referring to is a speculative invoice from an unregulated private parking company for an alleged breach of contract with the driver.
That's the first time someone's shown a photo of the V5C in a 'hostage proof of life' style photo - I'd have been happy to take your word for it, just wanted to make sure you had actually checked!
There isn't much I can do from the Gemini website, as they ask for Reg and PCN number to appeal a PCN, but as I do not have the latter I can't check.The letter you uploaded from Debt Recovery Plus seemingly lists the PCN number in the top right. It might not bring anything up given that the charge has been passed to debt collectors, but worth a look. You could also submit a Subject Access Request to Gemini to get hold of a copy, but it may be worth waiting to see if they escalate to a claim before doing so.
I had it to hand, so thought why not
Debt collectors can indeed be ignored, they are powerless, but Gemini may in the future decide to take the matter to court, which would need acting upon. You should keep an eye out for anything marked Letter of Claim or similar. If you go on the Gemini website there may be some information available on there about the parking charge in question.Therefore the fact they mention "You may have not responded to previous letters...." is a total lie and false.The use of the word 'may' suggests a possible reason for them not receiving a response, it's not necessarily a lie for them to say they have not received a response, although of course it's rather hard to respond to something one hasn't received.
Have you got out the physical V5C to check the address is correct? I don't say this to cast doubt on your version of events, but we've seen countless examples of people on the forum swearing blind that their address is correct, then when they check the document spotting some sort of error that explains the various bits of post going missing.

80 minutes' overstay (10.34pm to 11.54pm) when the sign (see GSV) restricted to 10 minutes 'outside of store hours'. 'Store hours' as such aren't stated, but the clear implication is that these are the hours in brackets on the sign i.e. in this case 10pm to 6pm.
OP, as a thought, is the car electric or plug-in hybrid?
Are you able to show us some photos of the signs? We need to see the terms and conditions.
The standard advice with supermarket charges is to go and speak to the manager ideally with a copy of the receipt from the driver's shopping, but given the driver parked there when the store was closed this is less likely to be successful - Euro Car Parks might have been hired to prevent exactly this sort of parking. But if you are a regular customer there's little to be lost by trying.

PMs sent. Please ignore the first one as the cold has got to the little grey cells!
That NOR is rubbish. We usually advise: I rely upon my formal representations and will file full submissions upon receipt of the council's evidence pack. Choose ground: procedural impropriety.
If you want representation, I am happy to do so.



I did notice you stated the PCN was served on 31 October, which I believe was typo. However, I did correct this to the 27 October as per the PCN.It's not a typo, a PCN issued on 27 October is deemed to be served two working days later, i.e. on 31 October. This is because you don't get it the day they put it in the post (and "served" is not the same as "issued").
In the grand scheme of things it doesn't matter, but as a general rule if you think something is a typo it's best to ask rather than to make an assumption. We are not infallible by any stretch of the imagination, but we do normally proofread draft wording.