GEMINI PCN received

GEMINI PCN received
Posted by sofnet2000 on 27 May, 2024 18:56
Hello there guys,

The driver received a PCN from GEMINI for failure to pay for duration of stay.

on that day 11/05/2024 the driver parked with disabled badge displayed in disabled bay and as per the sign it says it was free when registered with the reception in Better centre, unfortunately the machine in the centre wasn't working and receptionist took registration and wrote it in a piece of paper.

Location here : https://maps.app.goo.gl/nVAH6MseiL6GS1j19

Any chance with this? All inputs appreciated.

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#1 Reply
Posted by DWMB2 on 27 May, 2024 20:02
To help us to help you, please read the following thread carefully and provide as much of the information requested as you are able to: READ THIS FIRST - Private Parking Charges Forum guide. The back of the notice, and photos of the signage, would be particularly useful.

Your first port of call should be to speak to the management of the leisure centre.

#2 Reply
Posted by sofnet2000 on 27 May, 2024 23:08
Quote from: DWMB2 on 27 May, 2024 20:02
To help us to help you, please read the following thread carefully and provide as much of the information requested as you are able to: READ THIS FIRST - Private Parking Charges Forum guide. The back of the notice, and photos of the signage, would be particularly useful.

Your first port of call should be to speak to the management of the leisure centre.

I have added the pictures, the sign might not be very clear, I will try and take another picture tomorrow

#3 Reply
Posted by b789 on 28 May, 2024 12:41
That NtK is not PoFA compliant. Whatever you do, do not identify who was driving, inadvertently or otherwise. They have no idea who the driver is and you, the keeper are under no legal obligation to identify the driver. Because they are not relying on PoFA, they cannot transfer liability from the unknown driver to you, the keeper. They cannot assume or infer that you must be the driver because you are the keeper. So, do not reveal the drivers identity.

What was the reason for you visit to that car park? Were you a patron of a business/shops etc.? If so, have you tried Plan A, which is to ask the business/shop/landowner to get the PCN cancelled?

You should also prepare an appeal for Plan B, to Gemini. Exhaust Plan A first but don't miss the appeal deadline. On or before Tuesday 11th June, send the following (verbatim) if you have not managed to get it cancelled through Plan A:

Quote
I appeal as the registered keeper. I am not obliged to identify the driver and decline to do so. You cannot transfer the driver’s liability (if any) to me as you have not served me with a Notice to Keeper that complies with Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late to do so. In particular (without limitation) your notice does not contain the warning required by PoFA paragraph 9(2)(f).

As there is no legal presumption that the keeper of a vehicle was its driver (as opposed, for example, to being a passenger) on any particular occasion, Gemini Parking is unable to pursue me as driver. I now require you to cancel the parking charge and remove my personal information from your database

You need to understand though, you are not dealing with an organisation that has any sort of customer service ethos. This is a small firm of ex-clamper thugs out to scam you for as much as possible. Not only that, but their Accredited Trade Association, the IPC, are equally noxious and their secondary appeal service, the IAS, is a sham. So, if your appeal above is rejected, you can try a secondary appeal to the IAS but with less than 4% of all IAS appeal being accepted, you are likely wasting your time.

Lets' see what the response is to your Plan A and Plan B first.