Failure to pay for duration of stay, Gemini Parking Solutions

Jess158

Hello,

I am really hoping someone wouldn’t mind helping me with trying to appeal a PCN I received today from Gemini Parking Solutions, for failure to pay for the duration of stay.

I received the ticket as the driver parked at Gambado a soft play centre in Beckenham for 4 hours and 25 minutes, but only 3 of those hours were free. You are then supposed to pay for every hour you stay after the first 3 hours.

There are signs around the car park as it explains in the letter, and the drivers reason for not paying is simply that they did not pay attention to how long they was there. The child they were looking after was asleep when they arrived so they waited in the car until she woke up, then went in. They didn't keep an eye on the time or read the sign properly.

I’ve read as many threads as I can on here, about the appeals process. And I read the newbie post. But to be honest, my head is spinning and I’m having a hard time reading/processing all the information and terms etc (I am dyslexic) especially the very long appeals.

I’m just rather confused and hoping someone can help me out a bit. I think I understand the process a bit, I send an appeal to Gemini, who will obviously reject it. Then I have to appeal to POPLA? that is the bit I am a little scared about to be truthful!

I also am a bit confused regarding when to send the appeal? I’ve seen it said that I shouldn’t appeal to say 22 or 25 or something?

The ‘offence’ took place on 6th December, the letter was posted on 14th and I received it today on the 15th. What day am I on? Should I not send the appeal today?

This is the template I found in the newbies post, is this the correct one?

Dear Sirs

Re: PCN No. ....................

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.

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, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


I was trying to find a template for POPLA appeal too, however they didn’t seem to fit the circumstances and I got so confused reading the links and other threads I’ve had to step back for a moment. If anyone has a link to the right template for me to send to POPLA I would be extremely grateful.

A further bit of information - the car is a motability car and the driver of the car is the only driver and notability knows this. will gemini contact notability to get the drivers information? as the driver is not the registered keeper.

I am so sorry if I’ve made a repetitive post, asked the same questions etc, but I would honestly be so grateful for any help anyone can give me.

Thanks.
Jessica.

Coupon-mad

I also am a bit confused regarding when to send the appeal? I’ve seen it said that I shouldn’t appeal to say 22 or 25 or something?

Day 26. The reason is explained in the newbies thread. Just send it, on day 26, online, in MUM's NAME. No need to start a thread at this easy stage.

I was trying to find a template for POPLA appeal too,

Then search the forum for 'Gemini POPLA' but only read ones from 2016 or 2017.

I am the only driver of the car, and motability know this - will Gemini contact them and find out I am the driver?

No, the keeper of the car appeals and that is your MUM. NOT YOU.

nosferatu1001

EDIT YOUR POST!

You DO NOT reveal the idnetity of the driver ANYWHERE. So call them "the driver"

Jess158

I don’t kno how to edit it! Oh no!

I have searched Gemini POPLA but the circumstances all seem to have a genuine reason and that is the main argument?

Jess158

It will not allow me to
Edit the post

nosferatu1001

No that was not the main damned argument. Signage standing and amount is not saved frmo being a penalty by the beavis ruling. EVery single time. No keeper liabilty is another.

Are you on a PC? You are assumed to be doing this with a fully functional browser.

Coupon-mad

Not on a phone or tablet, you need to be logged in on a laptop or PC I expect.

Jess158

i have just tried to search 'Gemini POPLA' again and it is saying no matches. I'm sure i read on here some poppa appeals about gemini, although i think they were hospital car parks where the person had a more reason they could not pay and this was described in the popla draft. i am sure i even read a thread about gambado parking ticket, but again the reason was genuine (gambado have changed their system, before customers for extra hours free, now they don't, this other person followed what they were supposed to do to get the free extra hours, but there was an iPad malfunction or something) and was applicable to my circumstances.

i am sorry for so many posts and comments i just am a very anxious person and I've been in tears about this this morning, it probably doesn't seem like a big deal, but i do not have £60 to pay for this, and i am really worrying about it all. one last question, i send my appeal on day 26 - is that taken from the date of the offence (6th), the date the letter was sent, or the date the letter was received?

thank you

Jess158

ok my apologies nosferatu, it seemed like the argument rested on the fact the people had a genuine reason for not paying, i admit i didn't manage to read the whole of the long popla drafts it was too difficult, i will try and read them in small chunks throughout the day, again i apologise if i am being dense regarding this,

Coupon-mad

i have just tried to search 'Gemini POPLA' again and it is saying no matches.

Then you are searching the forum wrong. I didn't say to put it in top right to search the whole of MSE's website. Nope.

You need to use the 'search the forum' dropdown, above the threads, and change it to 'advanced' and change to show posts.

Jess158

thank you coupon mad, sorry i was doing it wrong, i have moved to the laptop and its a little easier to use, apologies. i will try and read through these throughout the next few days.