Gemini Parking Solutions London LTD - Reading, Rivermead Leisure Centre

DiamondDog

Hello helpful people,

Just had a couple of letters headed: PARKING CHARGE NOTICE TO KEEPER for two separate cases of condition Failure to Pay for the Duration of Stay. These are for separate dates and times.

Now for some backstory: I am not a member of the gym. I currently train (and due to the training, park at) the leisure centre as I am taking part in a charity boxing match in December. This is something I did previously back in April, and for our 8 weeks training we were told verbally that parking was free for us while we were training for the event. (training was in February and March for 8 weeks) During this time I parked every week twice a week and had no problems and no letters.

Fast forward to know and it's the same deal. I never thought to ask about parking, assumed it was the same deal as before. Now this time I have been training in since the start of October, and will continue through to the end of November. The first charge was issued 19/11 for an offence on 08/11 the second issued 22/11 for an offence on 10/11. I am also concerned that I will have more on the way as I have trained since this time.

I had a look at the newbie thread, and I think i need to follow the template "Template appeal for BPA or IPC members - copy this wording into the online appeal box::" , is that correct? Would it be worth mentioning that I was told this would be free parking previously, and how would I incorporate this into the template?

I was also thinking about sending a letter or speaking to the gym to see if they can help get it cancelled. Is email the best way to go about this as well to avoid giving out details of the driver?

Thanks in advance everyone!

Coupon-mad

Would it be worth mentioning that I was told this would be free parking previously, and how would I incorporate this into the template?

Hmmm, think about it. How do you think that would ruin the 'don't say who was driving' tactic?

Are the PCNs worded EXACTLY to comply with para 9 of the POFA Schedule 4 (it's linked in the NEWBIES thread so everyone can check).

Email will be fine to complain to the Gym Manager but don't get carried away, no ''I was told I could park''!!

DiamondDog

Good point! So is that the correct template - leaving it as-is?

KeithP

Yes, send the blue text template as it is - no changes.

Send it as the keeper.

DiamondDog

Coupon-mad wrote: »

Are the PCNs worded EXACTLY to comply with para 9 of the POFA Schedule 4 (it's linked in the NEWBIES thread so everyone can check).[/I]

Not if I am understand the wording of para 9 correctly, specifically;

(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;


There is no mention of unpaid parking charges. Simply a charge of £100, discounted to £60 if paid within 14 days

Also the letter assumes the Keeper was also the driver, which is not the case, as my girlfriend is the registered keeper, and this is who the letter is addressed to.

Coupon-mad

Also the letter assumes the Keeper was also the driver, which is not the case, as my girlfriend is the registered keeper, and this is who the letter is addressed to.

If it say 'we assume the keeper was the driver' then it's not a POFA one, and you win at POPLA unless you get a badly trained Assessor.

How come people never notice the most important omission - the keeper liability warning in 9(2)f?

DiamondDog

Coupon-mad wrote: »

If it say 'we assume the keeper was the driver' then it's not a POFA one, and you win at POPLA unless you get a badly trained Assessor.

How come people never notice the most important omission - the keeper liability warning in 9(2)f?

Note it doesnt directly say they assume the keeper was the driver. They state "your vehicle was parked in breach of the terms @ rivermead on date, time as a result we have issued PCN xxxxxx. we issued a PCN to the vehicle because it broke condition: Failure to Pay for the Duration of Stay.

The immediate next para says " By parking on this private land, you agree to the t's&c's displayed on signs on-site. You are liable to pay a charge under those conditions"

That is where they have assumed the keeper was the driver as far as I can see.

it also says if you are not the driver at the time, and know who was, to pass on the details.

I feel like I should just give them the template, but want to be sure I'm not misinterpreting what they have said in the letter, or your advice before I send it off.

Coupon-mad

You have not looked at the lower down words about 28 or 29 days if they do not know who was driving, so you have not compared it to 9(2)f.

DiamondDog

Ah I see. The last para on the letter states "if after 29 days we have not received full payment or driver details, under schedule 4 of POFA 2012, we have the right to recover the parking charge amount that remains unpaid from the keeper of the vehicle. Make payment now at the reduced rate of £60 to avoid further action.

Does this mean I'm screwed then?

Coupon-mad

Why do people ever write that they can possibly be 'screwed' by a poxy firm like this PPC?!

That wording is NOT the wording in 9(2)f but you can see that as well as I can.

DiamondDog

Maybe screwed is the wrong word. I just want to make sure I challenge this correctly.

As far as I can tell the template is the correct response then?