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#Post#: 48954--------------------------------------------------
Re: Gemini Parking Solutions - Gunnersbury Park
DIR By: shadowliner
Date: December 9, 2024, 3:32 am
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As expected...
I will post my thoughts later, bit busy this morning!
--- Quote ---
> Dear Mr XXXX,
> Re: Parking Charge Notice Number XXXX (Vehicle: XXXX)
>
> Site: Gunnersbury Park
> Contravention date: 18/10/2024
> You recently contacted us to appeal the Parking Charge Notice
(PCN) XXXX that was issued to the above vehicle
> registration on 18/10/2024 at Gunnersbury Park, London, W54NH.
This PCN was issued because the vehicle broke the
> following parking regulation: Failure to Pay for Duration of
Stay.
>
> Our letter dated the 19/11/24 requested you to supply
information regarding the driver from the date in question and
advised
> that proof was to be supplied within 14 days To date you have
failed to provide sufficient evidence showing this therefore we
> will continue to pursue this Charge.
>
> Having considered all grounds for the appeal you will
understand that sadly we are unable to accept your appeal.
>
> You have now reached the end of our internal appeals procedure
and therefore you now have two options: You can pay the
> total amount due or you can appeal to an Independent Appeals
Service within 21 days. Should you wish to make a second
> appeal, this can be done through IAS – the independent appeals
service – at www.theias.org/appeal.
>
> By law we are also required to inform you that Ombudsman
Services (www.ombudsman-services.org/) provides an alternative
> dispute resolution service that would be competent to deal
with your appeal. However, we have not chosen to participate in
> their alternative dispute resolution service. As such should
you wish to further appeal then you must do so to the IAS, as
> outlined here.
>
> Please note that if you wish to appeal to the IAS, you will
regrettably no longer be able to pay the charge at the
discounted rate of £60.00. Should the IAS's decision not go in
your favour, you will then be required to pay the full amount of
£100.00. When
> parking on private land, the motorist agrees to abide by any
clearly displayed conditions of parking in return for permission
to
> park. This location is private property and is managed by
Gemini Parking Solutions London Ltd on behalf of the land owner.
>
> Gemini Parking Solutions fully complies with the guidelines
set by the International Parking Community. Please note that
> photographic evidence is taken with every PCN that is issued.
>
> Payment at the discounted rate £60.00 can be made within 14
days from the date of this letter. Regrettably payments made
> after this period will be for the full amount of £100.00.
Failure to pay the amount may result in further costs being
incurred and
> may also result in Gemini Parking Solutions Ltd, reluctantly
instructing a Debt Collection agency to collect any sum due.
> Please make Cheques / Postal Orders payable to: Gemini Parking
Solutions London Ltd Send Cheques / Postal Orders to:
> Payments Department, PO Box 815, Wigan, WN1 9WX. Please write
your Name, Address and Parking Charge Notice Number
> (PCN) on the rear of all cheques and postal orders. When
making payment by post we recommend using the Royal Mail’s
> ‘Recorded – Signed For’ or ‘Special Delivery’ services. Cash
should not be sent through the post.
> Yours sincerely,
> Appeals Department
> Gemini Parking Solutions London Ltd.
--- End Quote ---
#Post#: 48996--------------------------------------------------
Re: Gemini Parking Solutions - Gunnersbury Park
DIR By: b789
Date: December 9, 2024, 6:52 am
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Here is a suitable IAS appeal you could use. Some would suggest
a more serious approach. However, I have zero respect for the
IAS or anyone who purports to be an adjudicator for them. Unlike
POPLA, they operate anonymously and their rate of upholding
appeals is under 4% which is derisory when compared to POPLA
which is around 45%.
--- Quote ---
> Appeal Against Parking Charge Notice [Reference Number]
>
> Dear Sirs,
>
> This appeal exists solely to expose the procedural
incompetence of Gemini Parking Solutions and the flawed nature
of this entire process. I am the registered keeper of the
vehicle, and I was not the driver on the date of the alleged
contravention. There is no legal obligation for me to identify
the driver, and neither Gemini nor the IAS can assume or infer
otherwise.
>
> 1. Non-Compliance with PoFA
>
> Gemini’s Notice to Keeper (NtK) is not compliant with Schedule
4 of the Protection of Freedoms Act 2012 (PoFA), and they
therefore have no legal right to transfer liability to me as the
keeper.
>
> Failure to issue the NtK within the relevant period:
>
> [indent]The alleged contravention occurred on 18/10/2024. The
NtK was issued on 30/10/2024. Even under the most generous
interpretation of deemed service, this is beyond the 14-day
"relevant period" set out in Paragraph 9(4)(b) of PoFA.[/indent]
>
> Failure to include mandatory information:
>
> [indent]The NtK lacks the full details required under
Paragraph 9(2) of PoFA, rendering it legally
insufficient.[/indent]
>
> Gemini Parking Solutions’ blatant disregard for statutory
requirements is their problem, not mine.
>
> 2. I Am Not the Driver
>
> For the avoidance of doubt, I was not the driver on the date
of the alleged contravention. However, I decline to identify the
driver to an unregulated private parking company. There is no
legal obligation for me to do so, and there is persuasive
appeals case law supports this position.
>
> Any assumption or inference by Gemini or the IAS that I, as
the keeper, must also be the driver is both legally unfounded
and embarrasingly desperate.
>
> 3. Gemini’s Lack of Evidence
>
> Gemini has failed to provide credible evidence:
>
> [indent]• Of the alleged contravention.
> • That their signage at the site meets the requirements of the
IPC Code of Practice.
> • Of a contractual agreement between the driver and Gemini
Parking Solutions.
> • That they hold a valid contract flowing from the landowner
to issue PCNs in their own name.[/indent]
>
> This entire case rests on speculative invoicing, not legal
merit.
>
> 4. The IAS’s Role
>
> I have no illusions about the IAS process. It is well known
that the IAS appeals process is designed to protect IPC members
at the expense of fairness and legality. The anonymity of the
adjudicator and the IAS’s abysmally low success rate for
appellants suggest this appeal will likely be rejected,
regardless of the facts.
>
> However, I am submitting this appeal as a matter of principle,
fully confident that a real court—presided over by a qualified
judge—will promptly dismiss Gemini’s baseless claim.
>
> 5. Conclusion
>
> 1. Gemini Parking Solutions has failed to comply with PoFA,
and liability cannot be transferred to me as the keeper.
>
> 2. I was not the driver, and I am under no obligation to name
the driver.
>
> 3. The PCN is legally unenforceable and must be cancelled.
>
> Should this appeal be rejected, it will serve only to further
highlight the IAS’s lack of independence and Gemini’s predatory
practices. I look forward to addressing this matter in court,
where proper legal standards apply.
--- End Quote ---
#Post#: 52247--------------------------------------------------
Re: Gemini Parking Solutions - Gunnersbury Park
DIR By: shadowliner
Date: January 7, 2025, 6:22 am
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Happy to update with the following;
Thank you for your appeal. Due to further information Gemini
Parking Solutions London LTD has confirmed they will no longer
be pursuing the matter and the parking charge has been
cancelled.
Thanks to [member=26]b789[/member], I did use your template but
I have to admit I was a bit nervous of sending as is, so I did
tone it back a bit!
#Post#: 52274--------------------------------------------------
Re: Gemini Parking Solutions - Gunnersbury Park
DIR By: b789
Date: January 7, 2025, 9:26 am
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They don't like it up 'em Pike! Of course they withdrew. They
don't have a chance if this were ever to go to court. The IAS
probably advised them as such.
A win is a win. Well done.
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