Author Topic: GEMINI Parking Solutions PCN | Mile End Leisure Centre | Failure to pay for duration of stay  (Read 828 times)

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I am the registered keeper.

Google Street View of the location:

https://maps.app.goo.gl/W2CkPEfSx3EAQ5yv6

On 03 June 2024, my car was photographed entering Mile End Leisure Centre at 10:53:04, and leaving at 11:17:14 on the same day, for a total stay of 24 minutes. Here is the PCN:





The very next day after receiving the PCN in the post, I wrote to Mile End Leisure Centre, asking if they would cancel the PCN, because the driver was there for a legitimate reason (attending their child's school event), and was not abusing the parking, especially because they have a Tower Hamlets resident parking permit, and could easily have parked on the road, and would have done so, had the signage at Mile End Leisure Centre been more clear.

Unfortunately, I missed the deadline to appeal to Gemini Parking, and now have received a debt collection letter:



I guess there's nothing to do now but to wait for the CCJ letter.

Here are some possible arguments:

1. The signage is too small, and the driver genuinely did not know that they had to pay for parking. The entry sign is too small, especially because people have to turn in from a 30 mph road. Once inside the parking area, there are few parking signs that are very small and won't necessarily be seen depending on where you park.

2. Notice to keeper received late

For ANPR cases, Schedule 4 of the Protection of Freedoms Act 2012 (POFA) says the Notice to Keeper must be delivered to the keeper within 14 days. A notice issued on the 14th (a Saturday) would be deemed delivered two working days later (normally the 18th) – outside the 14-day window.

Just for piece of mind, do you think I have a chance at winning this if they take it to the CCJ stage?

Thanks in advance. Here are some pictures I took of the place:

https://imgur.com/a/LX7l8jl

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Under no circumstances identify the driver. They are not relying on PoFA 2012 to be able to transfer liability for the charge from the unknown driver to the known Keeper.

You can safely ignore all debt recovery letters. Debt collectors are powerless to do anything except to try and intimidate the low-hanging fruit on the gullible tree into paying out of ignorance and fear. We don't need to know about any debt collection letters.

If you follow the advice, you will not be paying a penny to Gemini. Come back when you receive a Letter of Claim (LoC) and subsequent N1SDT Claim Form from DCB Legal. We will advise on how to respond and defend it.

I can tell you with greater than 99% certainty, that if you follow the advice, eventually, the claim will either be struck out or discontinued and that will be the end of the matter.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you b789, much appreciated.