Gemini PCN when I was parked 70 miles away.

Psyance

Hi,


I have used the very useful and informative forum in the past to fight and win against one of these cowboys and it looks like I'm going to need your advice once again.


Long story short, I have received a NTK through the post from Gemini Parking Solutions for an alleged offence that happened on 10/10/16 at The Queens hospital.
I have never been to this location in the past and was in fact working at this time with my car parked in a car park over 70 miles away.


Before I write a ranty email to them disputing the PCN (including a copy of my receipt from parking 70 miles away) I wondered if anyone could give me any pointers as to what to add into the email that will stop this from being dragged out and ending up at POLPA.


I have noted that they have not included a picture of the vehicle in the NTK that I have received (which I will ask for).


Should I bother writing to the DVLA and Information Commissioner's Office to have a grumble about my data being given out to someone who should not be requesting it or would this just fall on deaf ears?


Many thanks in advance,
Psy

Fruitcake

Complain to the BPA, DVLA, and ICO that the scammers had no reason to apply for keeper details as your car was 70 miles away and therefore have breached the DVLA Kadoe agreement and the DPA.
The Parking-Prankster might also be interested in this as well.

Normally we advise people not to reveal who was driving, but if you can prove your car was elsewhere at the time of the alleged event then it probably won't matter in this case.

Tell Gemini the same thing and include copies of your complaints to the above.

Redx

dont give anything away

use the BPA blue text template from the NEWBIES sticky thread and add a line stating that the vehicle has never been to that location and was many miles away on that date, all day

make them prove their case , if they dont drop it complain to the DVLA , the ICO , etc about your data being incorrectly sought and misused to intimidate you

Carthesis

Well, as the systems will be automated, this is most likely a misread plate, meaning they aren't doing the "suitable and sufficient" manual checks required by the ATA.

I'm guessing you *ONLY* got a postal NtK, as you couldn't have had a windscreen ticket due to never being there?

So what is the date on the NtK, and when did you receive it? Bear in mind the 28-day deadline under POFA2012.

No need to get ranty with them at the start - might do better with a (somewhat) measured response highlighting:

a) the fact that neither you nor you vehicle were at the location they allege;

b) that you can provide proof to a court (but not to them, as theirs is the onus) that you and your vehicle weren't in the location they allege;

c) that they have failed to provide any proof that even your vehicle was there, let alone you as the driver;

d) that you consider this to, most likely, be a misread numberplate and that you would want copies of their photographic evidence so you can compare the make and model to your own vehicle;

e) the above notwithstanding, that they have failed in the requirements of POFA2012 to issue a NtK within 28-days of the ANPR-captured parking event, and thus have exhausted their options for transferring liability to the RK (and that's before you get on to deciding whether or not the NtK meets any of the *other* requirements...)

The ask that, in light of the above, they cancel the charge, and that now they have been informed of this error, they have no rights to hold your data.

Redx

its 14 days for ANPR captures

System

The alternative approach is to send a letter before claim for £250 for misuse of the Keeper details. They had no reasonable cause to have or ask for your details.

If they had check more thoroughly the "mistake" would not have happened. Also if you complain to the BPA, they will brush you off.

A LBC has a way of making people pay attention, especially if it is followed up by a claim - as a certain mobile company knows now.

The law is for everyone and not just scammers.

Guys_Dad

First of all they need to comply with sending you photographs supporting their claim. Get these but in the meantime, appeal on the grounds that the contravention did not occur.

You don't need the blue appeal or anything else if you are 100% in what you write.

Psyance

Thanks for the replies peeps!

On the NTK it states that it happened on 10/10/16 and the NTK is dated 11/11/16, is it worth adding details about it being out of 28 days?

I was definitely not there and have proof so will draft an email asking them for photo evidence as well as stating that I dispute the PCN. I will put a copy here before submitting it to them just for a sanity check :beer:

[Deleted User]

Redx wrote: »

dont give anything away

use the BPA blue text template from the NEWBIES sticky thread and add a line stating that the vehicle has never been to that location and was many miles away on that date, all day

make them prove their case , if they dont drop it complain to the DVLA , the ICO , etc about your data being incorrectly sought and misused to intimidate you

If it ever goes to court, you can prove you weren't there then. Let them waste their money.

Guys_Dad

If it is genuinely 10/10/16 and not 10/11/16 (were you there on that 2nd date?) then if they are using ANPR, they are out of time but if they are using a windscreen PCN, then the NtK would be in time.

Of course, the photos will be the key.

Psyance

Guys_Dad wrote: »

If it is genuinely 10/10/16 and not 10/11/16 (were you there on that 2nd date?) then if they are using ANPR, they are out of time but if they are using a windscreen PCN, then the NtK would be in time.

Of course, the photos will be the key.

Never-ever been to Romford, let alone the hospital there.
I will ask for their photo evidence and see what they have to say.