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       #Post#: 88062--------------------------------------------------
       Gemini PCN : Failure to pay for duration of stay - GLL Waltham
       Forest Feel Good Centre 
   DIR By: DolbyAtmos
       Date: September 2, 2025, 4:34 am
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       I have only a couple of days to respond to this PCN !
       Basically the situation is i had an Ikea order which was at the
       pickup location of the "Shift" locker collection point within
       the Waltham Forest Feel Good centre.
       One of the messages from Shift states "This site uses an ANPR
       camera system, with a 15-Minute grace period. If you expect your
       collection to take longer than this, You'll need to pay £1.20
       per hour for the additional time"
       It was a big order and first time collecting and trying to
       figure out locker opening method, so unfortunately it took
       around 21 minutes in total.
       I came home and thought that i was not parked in the main
       carpark for visitors to the centre as i went down a separate car
       path which had a sign saying "staff", so presumed there was a
       chance Swift got it wrong in their message.
       At the same time i went onto the Gemini parking solutions
       website to see if i had any outstanding fee to pay, but there
       was no way of checking or paying, only a Pay PCN section.
       Would be good to know if i have any valid reasons to get the PCN
       cancelled, i have attached the PCN photos.
       Gemini PCN
  HTML https://imgur.com/a/m8LsBCa
       
       #Post#: 88104--------------------------------------------------
       Re: Gemini PCN : Failure to pay for duration of stay - GLL
       Waltham Forest Feel Good Centre 
   DIR By: b789
       Date: September 2, 2025, 10:06 am
       ---------------------------------------------------------
       You have an excellent chance of appealing. However, do not
       expect Gemini or the kangaroo court of the IAS to uphold any
       appeal.
       The Notice to Keeper (NtK) is not PoFA compliant which means
       they cannot hold the Keeper liable for the charge, only the
       driver. They have no idea who the driver is, unless the Keeper
       blabs the identity to them.
       There is no legal obligation on the Keeper to identify the
       driver to an unregulated private parking firm. Without the
       drivrpers identity, they could never win in litigation, which is
       as far as they will take this, in the hope that you are
       low-hanging fruit on the gullible tree and likely to pay up out
       of ignorance and fear.
       It is a protracted process but if you follow the advice you will
       not be paying a penny to Gemini. You will also learn some useful
       life lessons on your rights.
       The NtK is not compliant with all the requirements of PoFA which
       means that if the unknown driver is not identified, they cannot
       transfer liability for the charge from the unknown driver to the
       known keeper.
       Use the following as your appeal. No need to embellish or remove
       anything from it:
       --- Quote ---
       > I am the keeper of the vehicle and I dispute your 'parking
       charge'. I deny any liability or contractual agreement and I
       will be making a complaint about your predatory conduct to your
       client landowner.
       >
       > As your Notice to Keeper (NtK) does not fully comply with ALL
       the requirements of PoFA 2012, you are unable to hold the keeper
       of the vehicle liable for the charge. Partial or even
       substantial compliance is not sufficient. There will be no
       admission as to who was driving and no inference or assumptions
       can be drawn. Gemini has relied on contract law allegations of
       breach against the driver only.
       >
       > The registered keeper cannot be presumed or inferred to have
       been the driver, nor pursued under some twisted interpretation
       of the law of agency. Your NtK can only hold the driver liable.
       Gemini have no hope shouod you be so stupid as to try and
       litigate, so you are urged to save us both a complete waste of
       time and cancel the PCN.
       --- End Quote ---
       #Post#: 88127--------------------------------------------------
       Re: Gemini PCN : Failure to pay for duration of stay - GLL
       Waltham Forest Feel Good Centre 
   DIR By: DolbyAtmos
       Date: September 2, 2025, 12:21 pm
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       Amazing, sounds like you have experience with these non
       compliant companies! I will give this a go and keep you posted
       on this thread with their response. Thanks again.
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