gemini parking solution fine PLEASE HELP.

sayidsave

HI all

i need your help, i received a parking fine for parking in a retail park for more than the allowed tine. the fine is 75 pounds reduce to 50 if payed by the 31st dec. i know that these guys are a bunch of cowboys by reading through the experiences of others posted on the forum. my only issue is that they have referenced the 'protection of freedoms act 2012' schedule 4

i am not allowed to post the a link to the act. but i have read through this but i am still worried that there may be something in there that says that i need to pay for the fine. can someone please be kind to help me and let me know whether i am obliged to pay the fine due to something new in 'protection of freedoms act 2012' or is this a ploy for them to scare me into paying.

i would be MASSIVELY GREAT FULL FOR ANY RESPONSE.

muckybutt

Carry on ignoring....simple as that really

Stroma

Its a pile of rubbish, just ignore them providing its your car

fil_cad

They are no different to the nigerian scam emails one often gets in there spam garbage box, so just IGNORE the scaming cretins and enjoy your christmas an have a very happy new year. :money:

fb1969

It isn't a fine!

peter_the_piper

gemini parking solution fine

They are not fine, they are useless.

The_Slithy_Tove

sayidsave wrote: »

i know that these guys are a bunch of cowboys by reading through the experiences of others posted on the forum..

Then you know exactly what to do.

sayidsave wrote: »

my only issue is that they have referenced the 'protection of freedoms act 2012' schedule 4

So what? What does it allege it allows them to do? It really makes no difference.

There is a lot of misinformation around concerning the Protection of Freedoms Act. This is largely pedalled by the private parking companies in an attempt to add some kind of legitimacy to their charges, not helped by sloppy and lazy journalism which regurgitates what the parking companies say without checking if it's true or not.

Schedule 4 of the Protection of Freedoms Act 2012 introduces the concept of Keeper Liability for private parking charges if the registered keeper fails to divulge who the driver was. That is all.

• It does not make parking charges enforceable (or any more enforceable than they were before, which, on the whole is not enforceable at all)

• It does not require the registered keeper to name the driver on request - there is no obligation. If the keeper fails to name the driver, the "liability" (such as it is) reverts to the keeper (see previous point). If the driver and keeper are the same person, then there is no difference anyway.

• It does not set out any kind of statutory framework for parking charges, they are still based on contract law or trespass, and in that respect nothing has changed

• It does not define the wording that must be used to make parking charge notices "legal", "enforceable" or "valid". The Act sets out wording and points that must be included in order for the parking company to be able to apply keeper liability, but using all the correct words does not make the notice any more legally enforceable than it was before (see point 1)

The only thing the Protection of Freedoms Act does is remove from the registered keeper the defence of "I was not the driver." That was always a weak argument. There are far stronger arguments which make such parking charges invalid, all of which still stand.

In other words, just ignore it, as you were going to do in the first place.

spacey2012

I can not wait until someone challenges them on a defence of contract law.
How can a contract be binding on someone who has never even set eyes upon it ?
I dont think so.

Kite2010

If it's a free car-park then the landowner would have lost nothing by your overstay

Ignore the clowns and enjoy Christmas

Coupon-mad

sayidsave wrote: »

HI all

i need your help, i received a parking fine for parking in a retail park...

my only issue is that they have referenced the 'protection of freedoms act 2012' schedule 4

i am not allowed to post the a link to the act. but i have read through this...

What I can't understand is why you felt the need to look up the Act, spent/wasted your time reading it and tried to post a link here as if it's news to us.

Yet you didn't search the forum for threads about the Act? You only needed to seach this parking forum (using the 'search this forum' button just above the current thread list) for keywords like 'new law' or 'Protection' and you'd have found lots of threads. It's been done to death!

Here's a link to one such tedious repetition of an answer:

https://forums.moneysavingexpert.com/discussion/comment/57143257#Comment_57143257

Sorry but Groundhog Day is klcking in...search and ye shall find!

sayidsave

Thanks guys fo making that clear