London Aquatic Centre PCN Gemini Parking Solutions

DB2000

Hi PCN challenge Yoda's!
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 a thread on legal beagles website that contained an uploaded letter from 2012 sorry couldn't attach link as new person.
Thanks in advance!

Ralph-y

Hi DB2000 and welcome to the forum .....

have you had a read through the newbies thread ?


https://forums.moneysavingexpert.com/discussion/4816822

Gemini are part of the BPA so this is winnable ....

good luck and come back if more advice is needed

Ralph:cool:
:cool:

DB2000

Yes, i did, i read and think will advise he will use the (under newbies thread) 'Template appeal for BPA members' and was going to do this as per the newbies advice 'You can use the first template appeal for BPA members and submit it before the end of day 14 if you wish to have the option of the discount possibly re-offered, if they reject and give you a POPLA code'.

I wasn't sure about this occurring outside the controlled parking area so are there grounds for appeal there. Thanks. Also if i respond with 14 days with a letter or email and it contains the Registered Keepers address does that not then mean that Gemini don't need to pay for this info from DVLA.

The_Deep

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

If he parked on a public footpath then it is a matter for the council, not a PPC.

Coupon-mad

DB2000 wrote: »

I wasn't sure about this occurring outside the controlled parking area so are there grounds for appeal there. Thanks.
Also if i respond with 14 days with a letter or email and it contains the Registered Keepers address does that not then mean that Gemini don't need to pay for this info from DVLA.

Yes, but the important thing is Gemini are unlikely to then think to even get the data from the DVLA at all and might omit the required 'NTK' completely.

Hence why it is best to appeal on or around day 25 (FORGET the 14 days).

DB2000

hi there, couple of updates,
- an appeal letter ( template appeal for BPA members) was forgotten to be made/emailed around day 25. Doh. Double Doh.
- this letter claiming to be a notice to keeper has been received and attached (infringement was 23.12.15 & letter was received 26.01.16)

sorry i dont seem to able to attach it. so details as follows
start---
We recently issued PCN 'X' to your vehicle because it was parked in a manner whereby the driver became liable for a parking charge at London Aquatics Centre, that we are authorised to manage by our client. The PCN was issued on the 23/12/15 at 17:03 and has not be paid. The reason we issued a PCN to the vehicle is as follow 'Parking in No Parking area.

In accordance with the signage that is clearly and prominently displaced on site, those drivers who break the terms and conditions of parking are liable to pay a charge. We have requested your details from DVLA as the registered keeper of the vehicle, through the Reasonable Cause criteria of pursuing an outstanding parking charge.

If you were not the keeper of the vehicle at the time it was parked or if the vehicle was stolen rpior to the beginning of the period of parking which is the subject of this Notice, please let us know. If you were not the driver we ask you to supply the full name and current serviceable postal address of the driver so that we may address this request to them.

We now request this amount is paid using on the of the payment methods described overleaf. If within 28 days we have not received full payment or driver details under Schedule 4 of the protection of Freedoms Act 2012, we have the right, subject to the requirements of the act, to recover the parking charge amount that remains unpaid from the keeper of the vehicle. The case will then be passed to our Debt Recovery Agent which may escalate to court proceedings to recover the amount owed. The overdue charge will increase to £150.00 in the first instance of further action.
finish--

any help on next steps would be greatly appreciated. currently thoughts are to
-respond with appeal letter ( template appeal for BPA members) if not late?

cheers

Ralph-y

to attach a pic you need to host the pic some where like tinny pic / photobucket

then pase the link in your neat post with the http changed to hxxp

and then a forum regular will correct it ....

Ralph:cool:

Coupon-mad

So you appeal now instead. No worries. Same template.

DB2000

just added my letter information, thanks Ralph-y & Coupon ..

DB2000

Coupon Mad .. Qstn: at the bottom of the PCN notice from the 23.12.15 it says 'should you wish to appeal you have 28 days from the date of issue to do so, appeals will not be be accepted after this period'

can he still appeal for a POPLA?

Coupon-mad

That's the appeal deadline for the driver. We wanted you to use that time to appeal as keeper, which is the best advice but no harm done.

You have a new 28 day deadline from the NTK date, to appeal as keeper. That's because the keeper of the car might never have known about a windscreen PCN until now...so they are allowed their chance to appeal.

Do not give away who parked the car, stick to the script in the NEWBIES thread.