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#Post#: 24082--------------------------------------------------
GEMINI PCN received
DIR By: sofnet2000
Date: May 27, 2024, 12:56 pm
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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 :
HTML https://maps.app.goo.gl/nVAH6MseiL6GS1j19
Any chance with this? All inputs appreciated.
[attachment deleted by admin]
#Post#: 24100--------------------------------------------------
Re: GEMINI PCN received
DIR By: DWMB2
Date: May 27, 2024, 2:02 pm
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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
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/.<br
/>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.
#Post#: 24162--------------------------------------------------
Re: GEMINI PCN received
DIR By: sofnet2000
Date: May 27, 2024, 5:08 pm
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--- Quote from: DWMB2 link ---
>
> 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
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/.<br
/>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.
>
--- End Quote ---
I have added the pictures, the sign might not be very clear, I
will try and take another picture tomorrow
#Post#: 24234--------------------------------------------------
Re: GEMINI PCN received
DIR By: b789
Date: May 28, 2024, 6:41 am
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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
--- End Quote ---
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.
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