Parking charge - excess stay in "free" car park

iowens

Have been sent a notice to keeper from Gemini Parking. It seems that the free parking is restricted to two hours on the site. Which has a single car park serving Gambado (soft play), Goals football and a gym. The parking was for a childs birthday party at Gambado, and the party booking is for two hours. The party info says you need to be there 30 mins before the start time so pretty much a slam dunk that you will get a parking penalty unless you are aware of the time restrictions. Have found out after the event that there is a facility to extend the 2 hour free parking to 5 hours by entering car reg number into a tablet (linked to Gemini system) within the soft play centre but we were not told about this at any time by any of the staff, or during the booking process.


Not sure how the above may have an impact on any appeal or how I should use the above in my defence. Surely if there is a mechanism for extending the free perios to 5 hours then the company issuing the charge cannot have incurred any loss by a car being parked there for between 2 and 5 hours?


Am not convinced that the NTK arrived in time as it was franked on 25/11/2016 and the date of the parking was 11/11/2016.


Would appreciate some guidance on how best to proceed. I know of at least one other guest that has received a similar NTK, and suspect there may be others.


Am not convinced that a complaint to the soft play centre will get a positive result as the NTK letter indicated that they were acting on behalf of Beckenham Gym. Would seem that Gambado perhaps do not own the car park.


Thanks in advance

Carthesis

If Gambado have a system to extend the parking, then they have a mechanism for getting this cancelled.

They have 14 days for the NTK *TO BE IN YOUR HANDS*. Not franked. Not posted. IN YOUR HANDS.

If the parking event was 11/11 (Day Zero), then the NTK has to be delivered and in your possession by or on Day 14, so them posting it on the 25/11 is too late.

At a later stage, frustration of contract and failure to mitigate will apply, but that isn't for now.

If you click on my username and search through my posts, you'll find a letter I drafted for someone else in similar circumstances - where the mandatory POFA2012 period had expired - stating that the PPC has exhausted their options for RK Liability. Use that as a starting point.

Redx

read the NEWBIES sticky thread and appeal with the correct template , as keeper , do not reveal who was driving nor what happened on the day

or use the letter referred to above , as keeper, not driver

complain to the venue and insist that the pcn is cancelled

iowens

So at this stage I should follow both routes of complain to venue and also to parking company (as keeper) ?

Redx

correct , except the PPC template is an appeal, not a complaint

contacting the venue manager is the actual complaint , in writing or go and see them and tell them how they failed their customer by not informing them of the parking restrictions and requirements

insist that they telll the PPC to cancel the pcn and get it in writing (no unrecorded phone calls or conversations - they dont work in front of a judge)

read this GEMINI one and the advice given too

https://forums.moneysavingexpert.com/discussion/5524062

Coupon-mad

iowens wrote: »

So at this stage I should follow both routes of complain to venue and also to parking company (as keeper) ?

Yes - that's exactly what the NEWBIES thread tells everyone to do. Make sure you only call yourself the keeper because you have grounds to argue 'no keeper liability' later.

iowens

Was confused about the dates for the 14 day period as the protection of freedom text shows it starting on the day after the parking infringement, but is ambiguous regarding when delivery is deemed to have occurred.

The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales

Redx

so as KEEPER you allege that they failed POFA2012 and so keeper liabilty does not apply

its their job to prove compliance

otherwise, in simple terms , its FRO and chase the driver , who will not be named !!!!!!!!!!!!

their problem , not yours

but you stilll have to go through the motions as KEEPER

Coupon-mad

but is ambiguous regarding when delivery is deemed to have occurred.

No it's not because there is a section in the Schedule clarifying that too - Carthesis is right. There can be no keeper liability in this case.

iowens

Great, thanks for the advice.

Carthesis

Coupon-mad wrote: »

No it's not because there is a section in the Schedule clarifying that too - Carthesis is right. There can be no keeper liability in this case.

Delivery is deemed to be two working days after they post it.

Parking incident on 11/11 (day 0)

Last date for receipt of NtK 25/11 (day 14)

Franking / postage date 25/11 (a Friday for reference)

Thus, deemed delivery date is 29/11 (day 18) - the weekend plus 2 working days.

**EDIT**

What is a bit ambiguous as i recall without checking is if it is deemed to be delivered *ON* the 2nd working day, or if the 2 working days is postage time and it is deemed to be in your hands on the 3rd working day.


just re-read and it's perfectly clear that delivery is deemed to be *ON* the second working day *AFTER* the day it was posted. So it needs to be in the post 3 working days before the end of the 14-day period (i.e on day 11 generally, ignoring weekends) for it to be *DEEMED* to be delivered in time.