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  • FIRST POST
    • cossied
    • By cossied 7th May 16, 1:04 PM
    • 17Posts
    • 13Thanks
    cossied
    Gemini Parking Solutions Chase Farm
    • #1
    • 7th May 16, 1:04 PM
    Gemini Parking Solutions Chase Farm 7th May 16 at 1:04 PM
    Hi

    I am new to this and have tried to find the new thread and am unsure if I have the correct details. I recently went to my local doctors and I was unwell and was immediately sent to Chase Farm Hospital to have a chest X Ray.
    I immediately went to Chase Farm Hospital and had the X Ray done, however upon leaving I forgot to pay at the machine.

    I have attached a copy of the Parking Charge and was wondering if you believe I can appeal this as I do not want to ignore this ticket and receive debt collector letters.

    If I do have a chance I have typed out 2 appeals I can send and was wondering which one is better as I am not sure which one to use as there are 2 letters on the newbie page.
    Advice on my 2 replies below would be great from anyone experienced.
    If it is believe I will be unable to get away with this then please let me know and I will arrange to pay the £60.

    Reply 1
    Dear Gemini Parking Solutions
    Re PCN number: --------
    I am not ignoring your charge for a purported parking infraction. As this is purely a charge, issued under an alleged contract and the driver has not been identified, I require the following information so that I can make an informed decision:
    1. Who is the party that contracted with your company? I require their contact details.
    2. What is the full legal identity of the landowner?
    3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority.
    4. Is your charge based on damages for breach of contract? Answer yes or no.
    5. If the charge is based on damages for breach of contract please provide your justification of this sum.
    6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
    7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
    8. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.
    If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.
    However, in my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.
    Do not send debt collector letters and do not add any costs or surcharges. I will not respond to such contact and to involve another firm would be a failure to mitigate your costs which are not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

    Yours faithfully,
    Mr D

    Reply 2

    Date

    Dear Sirs

    Re: PCN No. ------

    I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.
    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.
    Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.
    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.
    I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,

    Mr D
    I would be grateful for any advice in dealing with this matter, as I am really unsure what letter to send back and if I can even appeal due to not paying at the machine.

    Thanks for your help

    Mr C
    Last edited by cossied; 07-05-2016 at 1:34 PM. Reason: Changes
Page 3
    • Coupon-mad
    • By Coupon-mad 15th Mar 17, 1:13 PM
    • 49,023 Posts
    • 62,488 Thanks
    Coupon-mad
    POPLA assessment and decision: 09/03/2017

    Verification Code :4160317097

    Hope this helps others.
    Originally posted by muslimahi
    Thanks!

    A definitive decision about Gemini Notice to Keeper letters not being compliant.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • strawberries1
    • By strawberries1 15th Jun 17, 1:06 PM
    • 599 Posts
    • 134 Thanks
    strawberries1
    Dear all I received a PCN form Gemini Parking Solutions on my car a couple of weeks ago. I'm prfaring my appeal to POPLA and will email it within the 28day but my question is regarding contacting the hospital.

    Will my name and info I give in the email to the parking department of the hospital be used by Gemini as proof of driver identification especially as patient? I intend to explain in the email that my appointment was meant to be elsewhere nearby which had free parking but I got a call to say it was at Chase Farm Hospital. Upon parking I went in to get change but came out to find the notice.
    • pogofish
    • By pogofish 15th Jun 17, 1:59 PM
    • 7,377 Posts
    • 7,406 Thanks
    pogofish
    Please start your own thread - Hijacking someone else's is not-on!
    • Coupon-mad
    • By Coupon-mad 15th Jun 17, 11:17 PM
    • 49,023 Posts
    • 62,488 Thanks
    Coupon-mad
    Dear all I received a PCN form Gemini Parking Solutions on my car a couple of weeks ago. I'm prfaring my appeal to POPLA and will email it within the 28day but my question is regarding contacting the hospital.

    Will my name and info I give in the email to the parking department of the hospital be used by Gemini as proof of driver identification especially as patient? I intend to explain in the email that my appointment was meant to be elsewhere nearby which had free parking but I got a call to say it was at Chase Farm Hospital. Upon parking I went in to get change but came out to find the notice.
    Originally posted by strawberries1
    No, the Hospital can't pass emails from you onto scumbag agents - that would breach the DPA. Worry ye not and stay on your own thread & show us your POPLA draft, citing this case to support the point that there can be no keeper liability.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • strawberries1
    • By strawberries1 22nd Jun 17, 12:01 PM
    • 599 Posts
    • 134 Thanks
    strawberries1
    Paying It Forward!

    For anyone who's landed on this thread cos they've got a PCN while parked at an NHS establishment please read this guidance and use that to secure a cancellation from the hospital in the first instance.

    Latest one as at June 2017. https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles
    It worked for me.
    Thanks everyone!
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