Author Topic: Gemini Parking Solutions - Failure to Pay for Duration of Stay - GLL Newcastle Trampoline Park And Gym  (Read 318 times)

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Good evening everyone, I hope you can help.

The driver entered the car park, reverse parked in a bay, and then entered a work building different to their usual place of work, which is accessible from the car park. The driver was unaware that there was a requirement to pay as they parked where vehicles belonging to their employer ordinarily park and the sign (also attached) was to the rear of the vehicle that they were driving. No signs were passed by the driver when walking from the vehicle to their employer's building. All signs that the driver will have passed up until parking would be to either the left or right; no sign, as far as I'm aware, was directly in front of the vehicle.
I, as the registered keeper, have now received the attached PCN, which arrived by post on 23rd May.

I note that the signage shows an out of date accreditation scheme if this helps.

Many thanks in anticipation.


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Easy one to deal with… as long as the unknown drivers identity is not revealed. 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:

Quote
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, so you are urged to save us both a complete waste of time and cancel the PCN.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Hi b789, thanks for the speedy reply.

I'm just filling in the appeal now, as the registered keeper.

I have to select a reason from a drop down list. Would I select "I did not park for the stated time"? This is the only one that doesn't ask for suporting evidence.

Thanks

What are the choices?

Don't just tell us which one you think is the most appropriate. You are appealing ONLY as the Keeper. Anything that suggest their appellant is the driver should not be selected.

Why not just email it to info@geminiparkingsolutions.com and CC in yourself.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain