Author Topic: Gunnersbury Park – Gemini PCN – Regular User, Genuinely Didn’t Know Payment Required  (Read 1215 times)

0 Members and 75 Guests are viewing this topic.

We've already told you that an appeal to the IAS is an exercise in futility. You seem under the misapprehension that you are dealing with some sort of regulatory body that has some sort of oversight. Get it into your head that the IPC and the IAS are not any forms of authority. They are both trading names of private companies that have the same directors.

Also, one of the directors of the IPC is also the director of Gladstone's solicitors, a bulk litigation company that will be used to send out claims. In other words, the IPC/IAS is judge, jury and executioner. Don't think for a second that there is any fairness or accountability in this process.

Feel free to waste your own time and effort. The outcome will not change.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Noted , will not bother to then.

Thank for sharing of knowledge!

Hi,

For these tickets, if 28 days have passed since the ticket was issued, is that when the keeper becomes liable for the parking charge and not the driver?

thanks

For these tickets, if 28 days have passed since the ticket was issued, is that when the keeper becomes liable for the parking charge and not the driver?

No. There are whole host of requirements that have to be met before liability can be transferred from the unknown driver to the known Keeper.

If you want to know what all those requirements are, then you need to read, decipher and understand PoFA 2012.

If ANY of those requirements are not met, then the creditor cannot transfer liability from the unknown driver to the known Keeper.

No idea what "28 day" period you are referring to.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you.  I needed to read a bit more.  My deciphering of that legislation (at least in relation to Gunnersbury Park and Gemini) is that a valid drivers notice was never issued because it has to be a physical ticket attached to the stationery car while it is parked (schedule 4, para 7 (4)).

If those conditions haven't been met it is not possible to issue a valid keepers notice - which is where the 28 days is mentioned (para 4 - "Right to claim unpaid parking charges from keeper of vehicle").


Does that tally with people's understanding?

Thanks again.

It is not necessary to issue a Notice to Driver on the vehicle windscreen. Operators using (for example) ANPR can simply issue a notice directly to the registered keeper. In such cases, paragraph 9 of PoFA Schedule 4 sets out the requirements for such a notice.

If the PCN is issued as a windscreen Notice to Driver (NtD) then PoFA paragraph 7 applies and the 28 day response period you are referring to is is if the NtD is not responded to and a follow up, postal Notice to Keeper (NtK) is then issued.

There is no requirement to issue an NtD, whether ANPR or a patrol takes the evidential photos. If no NtD is issued, then a postal NtK can be issued and the "relevant period" for the 'service' of that, in order to be able to transfer liability from the unknown driver to the known Keeper, is 14 days from the day after the date of the alleged contravention.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Gemini is part of APCOA who rarely if ever issue court claims. For future reference, they can’t even attempt to use POFA at Gunnersbury Park as it’s a local authority facility and excluded from POFA
Agree Agree x 1 View List