Author Topic: Gemini Parking Solutions PCN - Failure to pay for duration - Waltham Forest Feel Good Centre (Read 1360 times)

GrumpyDriver64 · « **on:** October 14, 2024, 02:20:19 pm »

Upon parking the car, the driver found that the mobile app used to pay for parking was not functioning and they were unable to pay for parking. Upon return the application was still not working so they left. On the 14th October I, the registered keeper, received the PCN through the post (dated as issued on the 2nd of October).

Attached is the PCN received:

I do not have photos of the signs within the carpark but I can go and fetch them if it would be helpful. Unfortunately the images from google maps are from 2017 and seem to have old signage. There are no machines to pay for parking at this carpark and it is entirely app based. Opening the app and attempting to select the car park showed a modal with "timeout" making the application unusable. I've attached an example of the message shown on the application (reproducable today).

b789 · « **Reply #1 on:** October 14, 2024, 03:24:52 pm »

The Parking Charge Notice (PCN) issued as a Notice to Keeper (NtK) is not compliant with PoFA which means that the Keeper cannot be liable for the charge.

Easy one to defeat... 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 at IAS, so you are urged to save us both a complete waste of time and cancel the PCN.

DWMB2 · « **Reply #2 on:** October 14, 2024, 03:32:12 pm »

If you haven't already, try speaking to the management of the leisure centre to see if they'll intervene.

Gemini will probably reject your appeal, and being an IPC member, the IAS (which is the second stage of appeal) are largely useless, after which point it'd be a case of waiting to see if they escalate to court - if they did you'd have at least one avenue of defence, as explained by b789 above, but if you can avoid the hassle altogether by getting the leisure centre to cancel it, this is generally preferable.

GrumpyDriver64 · « **Reply #3 on:** October 14, 2024, 05:52:43 pm »

Thanks very much, I've appealed using the template provided & I've also reached out to the leisure centre to see if they are willing to assist in getting this cancelled.

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Author Topic: Gemini Parking Solutions PCN - Failure to pay for duration - Waltham Forest Feel Good Centre (Read 1360 times)

GrumpyDriver64

Gemini Parking Solutions PCN - Failure to pay for duration - Waltham Forest Feel Good Centre

b789

Re: Gemini Parking Solutions PCN - Failure to pay for duration - Waltham Forest Feel Good Centre

DWMB2

Re: Gemini Parking Solutions PCN - Failure to pay for duration - Waltham Forest Feel Good Centre

GrumpyDriver64

Re: Gemini Parking Solutions PCN - Failure to pay for duration - Waltham Forest Feel Good Centre