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Gemini ANPR Pay and Display Combined System Fault?

Hi,

Apologies if the following scenario is an FAQ, I have searched the forum and not been able to find anything directly relevant.

I have a received a PCN from Gemini - after researching on this forum and other places I can see that it is invalid as it is outside the 14 day limit so will be responding on that basis (and many thanks for all the helpful advice). However, it has made me wonder what would have happened if they hadn't made this mistake and hoping somebody might be able to help.

The car park in question has the Gemini ANPR & Pay and Display Combined System where rather than display a ticket you pay and simply provide your registration details. For the date in question the driver of the car is absolutely certain that they did purchase a ticket but the PCN just shows the entry and exit photos with a reason of Failure to Pay for the Duration of Stay. Would there be any way of challenging this on the basis that the car was indeed parked there but that the driver did purchase a ticket despite what Gemini claim? I can only assume that there has been some fault with their ticket system which has led to this (or I guess it is possible the driver made a mistake when typing in the registration details). It feels like their response would be along the lines of "sorry, computer says you didn't" and I'm not sure how you can challenge that - is it possible to force them to provide the logs from the machine or some evidence that it was working correctly?

Am hoping somebody will have come across this and can help just in case it happens again (the main lesson seems to be to keep the receipt for 14 days).

Apologies if the above is a bit vague - don't want to give any more information to Gemini in case they are monitoring this board.

Thanks,
A Registered Keeper...

Comments

  • Fruitcake
    Fruitcake Posts: 59,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are doing OK so far, except you should keep a parking ticket/receipt for six years.

    Assuming the keeper is in England or Wales, and that is where the alleged event happened, you should send the BPA appeal template letter from the NEWBIES. You can add, without revealing the driver's identity, that the PPC is out of time for the POFA to apply and therefore the keeper is not liable.
    You can also add that payment was made.

    They will probably reject your appeal so save all your main ammunition for PoPLA, including asking them to show the VRN logs.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,886 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can also add that payment was made.
    Be very careful how you phrase this. It should be in the third person, i.e. 'The driver ..........', no Me, Myself or I.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • great, thank you both - fingers crossed
This discussion has been closed.
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