Gemini PCN on windscreen

sniper7

Hi everyone,

The driver of my vehicle received a windscreen PCN on 10th December 2016 for being 'Parking in No Parking area.' The car park serves 3 businesses, Crystal Palace Football Club, a gym and Gambado's (a children's soft play area), which is where the driver attended on this occassion. The bay markings and signage were poor and I will POPLA appeal on this basis, amongst other things. I plan to appeal to Gemini Parking Solutions London via email today (which I believe to be Day 25 if I've calculated correctly over the Xmas period?!). 2 hours free parking is allowed, via the ANPR tablet within Gambado's. I would really appreciate some feedback on my proposed email, obtained from the Newbie thread please...

I will also be appealing to the CEO of Gambado's re the same.

Date: 4th January 2017
Dear Sirs,
Re: PCN No. xxxxxx

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

(Name)
(Address)

Fruitcake

If that is a direct copy of the BPA template in blue from the NEWBIES thread, then it is the correct one to send now.