Gemini Parking Windscreen PCN - Feel Good Leisure Centre, 170 Chingford Rd, Walthamstow, London E17 5AA.

[Muzza26]

Hi,

I would like some advice please and wanted to find out what my options are as I feel this parking charge is unfair and from other threads I feel these enforcers are petty criminals preying on the venerable!

 

I’ve been parking at the leisure centre for a couple of years

I buy a book of parking tickets that my partner and me use when visiting.

 

On this occasion I was in a rush and filled in the correct registration, correct date, but rubbed out the 10pm, not the 10am as I had meant to.

Obviously, the car park is closed at 10pm, its an obvious mistake, but they have issued a ticket for invalid permit.

 

After reading your advice I waited until the NTK arrived, which it did on time.

 

There is no code associated with the offence.

They also said that they recently contacted me, which is untrue.

The only thing I have had is a fine on the windscreen.

 

I am hoping that someone can advise on the best cause of action from here?

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement? 14th October 2018

2 Have you yet appealed to the parking company yet? No

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it. 16th November 2018

 

Did the NTK provide photographic evidence? No

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) Yes.

 

4 If you appealed after receiving the NTK, I have not appealed yet.

 

5 Who is the parking company?Gemini Parking Solutions

6. where exactly [Carpark name and town] did you park? Feel Good Leisure Centre, 170 Chingford Rd, Walthamstow, London E17 5AA.

Edited November 24, 2018 by dx100uk
format

[ericsbrother]

we will need to see the permit you used or at least a blank one to see if the use of that permits clashes with any of the wording on the signage and thus breaches the conditions.

 

also a picture of the entrance to thwe car park from the public highway would be useful along with any signs that are there.

No warning about being offered parking terms and the parking co is on shaky ground.

 

Dont appeal until you have all of the info posted up and considered.

We may suggest you dont appeal depending on what the permit says

(or other conditions given when you got them)

and the clarity of the entrance sign (if there is one)

Edited November 24, 2018 by dx100uk
space/spell

[Muzza26]

Thanks. Okay I will get the entrance sign tomorrow and have the permit I will post up here.

[dx100uk]

also can you please clarify where on their paperwork they use the word FINE as you have in you initial post?

[Muzza26]

Hi, im hoping this works as its not very clear on attaching pictures.

 

Here is the entrance with the sign as you come in and a different view of the car park.

 

I will update and see if the photos work and then update the permit photo.

 

Sorry, i didnt mean to say the letter had said "fine", it says charge.

 

Thanks again.

[Muzza26]

Hi, here is the scratch permit that I purchase and use. Back and front.

 

Really grateful if anyone can help and advise on the best course of action.

 

Many thanks.

[dx100uk]

Youve left pers info

Hidden thw above

Why not put everything of recent in one multipage pdf

There we'd not have keep downloading single pages all night...

 

Read upload

[ericsbrother]

O love the sign about individual terms and conditions. That in essence means that the bloke with the camera and ticket machine can never know what was actually agreed so cant claim you ahve breached the terms.

So to slap a ticket on yoru car they must show a reason to believe that yu have done someting wrong but indicating the wrong time on your scratch and sniff permit isnt listed on that sign so it isnt a term or breach of terms.

In short, signage not a contract so no breach

[Muzza26]

Hi, i've made it a bit easier to read so all one one PDF!

 

What do you think is the best course of action from here? Do i make contact and plead the 5th amendment or challenge as you mentioned about the individual terms and conditions?

 

Many thanks,

Feel good centre1 - parking fine..pdf

[dx100uk]

5th amendment???

 

yo do nothing until or unless you get a letter of claim from their fake/tame paperonly solicitor

[Muzza26]

Ah okay thanks. I will await the fake solicitor claim letter then!

[Muzza26]

Hi, I'm looking for advice on the next stage! Starting to look a bit more serious.

 

I have now recieved this letter in the post. Should I reply or not.

 

Many thanks,

 

Muzza26.

[Homer67]

You've left personal info on that so delete it, redact the picture and upload again - however, DRP are powerless and you just ignore anything from them unless you get a Letter Before Action from the original Parking Company.

 

DRP cannot do anything, they send scary letters which mean nothing.

[dx100uk]

attachment removed

next time PDF only please

read upload.

 

- - - Updated - - -

 

advice already given in post 10 as homer67 says...too

[lookinforinfo]

What a bunch of crooks they all are!

You have prepaid for permission to park, you got the day, month and year right and obviously the time is wrong since going by the ticket

- it was issued before the car was in the car park.

 

Then you have those DRIPs trying to charge an additional £60 for sending out a letter.

The OFT many years ago in Debt Guidance stated that debt collectors cannot charge for debt collection as they do not have a contract with the debtor.

And even in situations where it was written into the contract, the amount charged had to be proportionate.

 

Increasing a debt by 60% is nowhere near proportionate and there is no debt anyway.

The parking was paid so no loss.

 

There is no point writing to Drips- their combined mental ages do not reach double figures so any letters that arrive that aren't done with coloured crayons are turned into paper aeroplanes.

Edited December 27, 2018 by dx100uk
spacing

[ericsbrother]

the Notice to keeper doesnt create any liability as it fails to contain key phrases or informations such as who is the creditor They need to state this and give a proper service address, not a PO box number. This menas NO-ONE is liable for the charge, let alone the keeper.

 

also they say the reason for charging you is invalid permit. According to their sign there isnt such a breach, it state all cars must shw a valid ticket and as the sign at the entrance refer to individual contracts then this sign clearly does nt apply to permit holders. some of the other terms are too vague to make any sense and so render the contract void.

 

Now the driver can enter into a contract that allows them to charge you a further fee but as they havent identified the driver they cant charge the keeper this as the POFA makes it clear that only the amount first invoiced is payable.

 

A for what to do- keep ignoring them for the moment and let us know when they waste some more money on threatograms. If you get a solicitors letter post it up here and we will suggest a suitable response.

Edited December 28, 2018 by honeybee13
Paras

[silverfox1961]

Can I add my 2p

 

The parking signs dotted around he site are (in my opinion) useless in that they don't make the 'charge' as prominent as the other terms (not that they are any good in the first place.)

 

The sign at the entrance just states Pay and Display with nothing mentioned about terms and conditions.

 

The fact that you did have a permit and scratched off the wrong time is neither here nor there as it was still paid for.