Help, London Aquatic Centre PCN, Gemini Parking Solutions for Motorcycle

[DB2000]

Hi PCN challenge Yoda's!

 

 

I have posted this over on MoneySavingExpert, will update both with responses if useful... Help!

 

A friend who shall remain nameless recently received a PCN on his motorbike at the Aquatic centre from Gemini Parking Solutions.

 

 

Here's the info:

- he parked his motorbike next to the cycling parking outside the front of the centre,

to get there he had to access this area, via a gravelled area which could in theory be deemed to be pedestrian walk area

but he did not pass through the Gemini Parking Managed and ANPR fitted carpark entry nor did he enter their carpark area at any time

-there are no signs saying do not park here

 

- the ticket was issued in this area and the reasons given on the PCN are 'the vehicle was parked in a no parking zone'

and in the other section 'parked on a public footpath'

 

- he had on a previous occasion on asking the Gemini parking warden

(who was not wearing any identification vest or name badge other than holding a parking ticketing device)

be told to park in an area with similar coloured gravel and it would not be a problem.

 

- this carpark is motorcycle (MC) park for free but no where is there a designated parking bay,

so MC users have to take up a car bay, which on another occasion he was told not to do as he would incur a fine again from another unmarked warden.

 

He wonders if the jurisdiction of Gemini is enforceable beyond the car park area and into the pedestrian area,

which must be owned by the London Legacy Development Corporation who would have control of the area outside the designated Gemini parking controlled area?

 

Should he wait follow advice as per your newbies thread and appeal before the 28 days expires,

or should he respond within the 14 days to try and retain the discounted amount if unsuccessful at a later appeal date.

 

 

It would seem on this thread that Gemini dont offer the reduced amount beyond the 14 day window [as per another website]

that contained an uploaded letter from 2012

 

 

sorry couldn't attach link as new person.

Thanks in advance!

[Homer67]

Never respond to the NTD (notice to driver) or in this case Rider. Wait for the NTK (notice to keeper) and then respond as the keeper but never admit to being the driver (rider). In this case the ticket appears to have been given on land that is not covered by any contract the PPC may have so it is unenforceable. Other more experienced Caggers will be along to advise but I suspect this is going no where near court action.

[ericsbrother]

wait and see what the notice to keeper says was done to breach the conditions of the contrcat offered. most of the smaller parking co's are too lazy or ignorant to get the NTK right to claim keeper liability so they may well shoot themselves in the foot. Let us know when it arrives and what it says, dates a critical as well as content.

[DB2000]

Thanks homer, thanks ericsbrother... still waiting, will post as soon as it arrives.

[DB2000]

hi there, gemini have sent the following notice to keeper NTK letter to my friend, the PCN issued was on the 23 Dec 2015, the letter was drafter on 26th Jan 16 (posted 27 Jan 16). Thoughts on how he should proceed as the registered keeper would be welcomed, thanks in advance.

 

letter attached hopefully the insert of the pic works

 

[ericsbrother]

not PoFA compliant so no keeper liability. Bags of things wrong with this lazy demand so I would be suggesting either sending a letter saying no keeper liability as not PoFA compliant and to stop bothering. the other thing that can be safely done is to ignore them until they send a lba and then respond in the same manner. The foff letter will create a paper trail so it cannot be said they were unaware that it was challenged.