Parking ticket from gemini

Blackadders

Hi all

I was issued with PCN by Gemini Parking Solutions when I went to buy wipers for my car from Euro car parts in Barking for the alleged contravention "No Permit" in mid December 2013. Euro Car Parts is making money from their customers as it was one of their staff who fixed the PCN on my car.

I received the Formal Demand Notice in February 2014 in response to that I sent appeal which was unfortunately after 28 days of the formal demand notice. My appeal was refused saying "As the PCN issued to the above vehicle remained unpaid for 28 days, we had reasonable cause to request the registered keeper details from the DVAL to issue a formal demand notice. Furthermore, please be advised that this case has no been referred to our deb recovery agent. Any appeal will now have to be made directly to
Debt Recovery Plus Ltd"

text of my appeal is copied below:
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:
1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state: - the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your NTK failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Note: (a) any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late to appeal as keeper or requiring more evidence when clearly the above represents my full challenge, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice. (b) If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you hereby agree to pay these costs as liquidated damages when I prevail.

Please advise me should I appeal to appeal to POPLA or Debt recovery agency as they don't seem to be fair.