gemini parking solutions

[pesser]

got a ticket of £60 earlier, car park was split into two halfs one for cromwell the other for eurocarparts there was signage. just went to ask if they stocked certain items step in the door 2 mins later bam ticket the parking attendant must of been lurking somewhere for him to ticket and disappear that quick:???:

 

should i pay it ?

 

i am on PCP solutions finance plan if that matters

[silverfox1961]

Hi and welcome to CAG

 

This sounds to me like it was a self ticketing scheme where a person in a company tickets on behalf of the company and pass the details on to Gemini (either that or you were very unlucky)

 

Obviously you were not given enough time to read the signs and decide whether to accept the terms or not so that is one option for your appeal.

 

i am on PCP solutions finance plan if that matters

 

Not sure what you mean with that. Is your car a company car or on finance? Are you the registered keeper?

[pesser]

yes finance yes i am the keeper

[silverfox1961]

OK.

I would for now ignore the ticket and wait for the notice to keeper to arrive then appeal to Gemini in the first instance. The NTK should arrive between 29 and 56 days after the event. Do not name the driver.

If you can, photograph the signs.

 

A lot of signs are inadequate for there to be a contract to be formed and even if it is a contract, they would have to show a loss to claim the fixed amount.

[ericsbrother]

Gemini allegedly dont self-ticket so they theoretically have someone lurking at the site. You should wait for the notice to keeper which has to arrive between 29 and 56 days after the day of the parking event. in the meanwhile tell us what the supposed parking breach is, such as parking without permit or whatever. We can then compare this to what is on the NTK when it arrives. If the place is local to you an image of the sign would be helpful as many parking companies suffer from a lack of understanding of english grammar let alone civil law so the signs often confuse a contractual obligation with a breach of contract. Also the siting of the sign is important as it could be said that a sign on 1 premises is not applicable to another one next to it as it has a different occupier.

[pesser]

this was the first time i went to eurocarparts the issue reason given on the ticket is: no permit

 

and underneath it says :

 

the vehicle was a parked on private property in contravention of the site parking restrictions as displayed pn the singnage or permit.

[pesser]

to honest to were a lot of sign i just didnt think they would be that quick:sad:

[Homer67]

Gemini allegedly dont self-ticket so they theoretically have someone lurking at the site.

 

They do at my local hospital Trust site in Goodmayes, Essex. Ticketing is carried out by Security who are employees of a Facilities Management Company contracted by the NHS Trust.

[ericsbrother]

The good thing about this self-ticketing lark is that it is nigh on impossible for Gemini to show any cause for action should they want to go to court as they are clearly acting as an intermediary or agent.

Anyway, as it was a ticket on the vehicle wait for teh NTK to arrive and see what that says on the demand and compare that with the ticket on screen. The NTK has to arrive between 29 and 56 days after the parking event. Dont contact anyone until then.

[pesser]

just waiting for the letter:confused:

[armadillo71]

just waiting for the letter:confused:

 

Yes you are.

 

The time frame is written in 3 different posts above...

[pesser]

finally received the letter from gemini. please any help would be greatly appreciated.

[ericsbrother]

ha ha ha, the debt cannot increase to £150 just because they want it to, utter cobblers but they say this as most people will then worry baout the extra amount and then cough up the £100.

No mention of appealing the charge so not PoFA compliant.

You could appeal by simply saying I wish to appeal this charge as the NTK does not comply with the protocols of the PoFA for keeper liability. As it is non-compliant I expect you to now cancel it and cease all further correspondence.That will confuse them as they wont know how to construct an answer as they clearly cant get the first bit right to know what the question is.

[pesser]

ha ha ha, the debt cannot increase to £150 just because they want it to, utter cobblers but they say this as most people will then worry baout the extra amount and then cough up the £100.

No mention of appealing the charge so not PoFA compliant.

You could appeal by simply saying I wish to appeal this charge as the NTK does not comply with the protocols of the PoFA for keeper liability. As it is non-compliant I expect you to now cancel it and cease all further correspondence.That will confuse them as they wont know how to construct an answer as they clearly cant get the first bit right to know what the question is.

 

can i just send them an email of this lol?

[ericsbrother]

I would write as it generates a paper trail. You can email as long as your mailbox keeps copies of all your outgoing mail.

[Homer67]

Or just ignore it if you want to, to be honest playing letter tennis just gets them all excited that they have a live one. Their charge is non compliant and they won't get anywhere if the did go to court on that basis. Edit: as said below, best to reply and don't ignore

Edited October 9, 2015 by Homer67
update

[ericsbrother]

disagree, a strong rebuttal using the correct language lets them know that you arent anybody's fool and it will cost them money to pursue you and get nowhere. PE always takes those who ignore them to court as it is very much worth their while. Rebut their claim and they usually avoid court and use dca's instead. Gemini are mostly harmless but all of the parking co's are being bouyed up by the success of BEAVIS for PE in the lower courts and think that the final result will be a licence to print money. At the moment very few of them are making a profit if you believe their accounts, I want to keep it that way at the most generous.

[pesser]

Reference number :........

 

Vehicle registration: ........

 

I wish to appeal this charge as the NTK does not comply with the protocols of the PoFA for keeper liability. As it is non-compliant I expect you to now cancel it and cease all further correspondence.

 

right gentleman thats an email im goning to send them is there anything else thats need to be added ?

[pesser]

anyone ?

[armadillo71]

State that as registered keeper you are not liable for the charge.

 

 

State that the NTK does not meet the criteria for keeper liability under Schedule 4 of the Protection of Freedoms Act 2012.

 

 

State that you expect the charge to be cancelled forthwith or a valid code for the independent appeals service POPLA to be issued.

 

 

State that no further correspondence will be entered into.

 

 

Send with proof of postage, copy yourself in to any email or take screen shots.

[pesser]

they sent me a POPLA code.

 

sorry delete this post please

 

AND:

 

We refer to your appeal regarding the above parking charge notice.

The above vehicle was issued with a parking charge notice for: “NO PERMIT” at the above location. The contravention of this site regulation can clearly be seen within the photographic evidence taken at the time.

 

It stipulates within the site terms and conditions that all motorists must clearly display a valid Permit within the windscreen of their vehicle in order to comply with the site regulations. Your vehicle was in breach of the site terms and conditions therefore a parking charge notice was issued.

We have noted your comments however; your vehicle was parked in the Permit Holders Only bay without a valid Parking Permit. Therefore we cannot take your mitigating comments into account. We have provided clear evidence that by staying at the location, the motorist has accepted all of the prevailing terms & conditions of the parking contract including the charges for breach of that contract. Please, see the photographic evidence below.

 

In regards to your comments that the Notice to Keeper does not comply with the Schedule 4 of Protection of Freedoms Act 2015, please, find attached the escalation process timetable which we follow and which does comply with the POFA. If you need more information on the POFA, please, see the Appendix C of the British Parking Association Code of Practice or use the following link:

 

There are a large number of signs at the parking location, both at the entrance and throughout the site which offers the parking contract to the motorist and sets out the terms and conditions of the parking area upon which the operator will rely, and upon which, by remaining at the location, the motorist has agreed to be bound by – these terms and conditions clearly show the amount which will become payable if the terms and conditions are breached.

 

When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park. It is therefore the motorist’s responsibility to ensure that he or she abides by the conditions of parking. We would like to point out that you parked in the area owned by Cromwells where permits are required as stipulated within the signage throughout the location (image below).

Gemini Parking Solutions fully complies with the guidelines set by that of the British Parking Association who are the regulating body for the parking industry. We ensure that photographic evidence is taken with every PCN that is issued in case of disputes.

You were parked outside of the set terms and conditions of the site and as a result we have rejected your appeal as your representations did not make sufficient grounds.

The payment for £100 is now due as you have exceeded the 14 day period. Failure to pay the amount will result in further costs being incurred and may also result in Gemini Parking Solutions Ltd Instructing a Debt Collection agency to collect any sum due.

You have now reached the end of our internal appeals procedure. Should you wish to make a second appeal, this can be made to POPLA who provide an independent appeals service. We have enclosed the POPLA appeals form that you will need to complete and send to POPLA. All representations to POPLA will need to be received within 28 days from the date of this letter. Should POPLA’s decision not go in your favour you will be required to pay the full amount of £100.00. 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 appeal then you must do so to POPLA, as explained above.’

Yours faithfully,

Appeals Centre

Please, see the site pictures below:

[ericsbrother]

you now need to do a bit of homework, who actually owns the land for example and did GPS apply for planning permission to put up their signs under the Town and Counrty Planning regs? With the former you ask POPLA for sight of the contract between landowner and GPS and ask the council about the latter.

[pesser]

gps ?

[honeybee13]

Gemini Parking Solutions?

 

HB