Parking ticket issued, but I paid!!

NinjaCat

Hi,
Please help me with your wisdom and PCN experience!! Please be patient with me with long post, I like to give you the information as much as possible.

Recently, I had a PCN at Mile End Leisure Centre parking. The parking is being managed by Gemini Parking solutions. It has "pay and display system" with paying machine, also there is prepaid parking scratch voucher supplied by the centre for members.

What happened was, I used the prepaid scratch voucher for parking, silly of me, on that day(Monday), I scratched the wrong date by mistake. I scratched the date, one day before(so Sunday). It was understandable that I got the PCN, as the attendant found this was wrong date. But thinking I actually paid the parking fee already, then Gemini asked me to pay the fine £100(if paid within 14 days, £60).... this is not acceptable. So I appealed.

******
Dear Sir/Madam,

With regard to the notice (Reference No. XX) I had yesterday, firstly I didn't understand why I got the notice, as I placed the parking voucher on dashboard.

Then, I realised I mistakenly scratched one day before (18th instead of 19th November). It was simply my mistake and I don't know, perhaps I was so tired... but I genuinely thought it was 18th when I used it yesterday, but it was actually 19th.

My son goes Mile-End leisure centre regularly for swimming training Monday and Tuesday, so I always buy the scratch voucher beforehand, so the fact is I genuinely paid for the parking yesterday. I just wrongly scratched the wrong date, one date before.

I went to the leisure centre reception, the customer service, his name is XXX, he said that if necessary, he will support for me to show you, he can confirm there was no swimming training for my son on Sunday (18th). Also another thing is the leisure centre closed on 17:00pm on 18th (because it's Sunday), so you can see there was no point for me to show the dashboard, the voucher scratched 18th November, 19:00pm. I hope this will give you a proof that I didn't go there on 18th, no reason to go there. I just scratched wrong date.

People makes mistakes, sometimes, especially, busy tiring mum who have young children.
Please don't take a fine from me, I have been feeling very depressed with my mistake already.

Hope you kindly waive the parking charge.

Thank you in advance and kind regards,

+++++

I received the reply as below. Basically, I failed my appeal.
______

After reviewing your appeal, we understand that you had mistakenly scratched off the wrong date on the parking voucher displayed. You have mentioned that your son attends the above location on a regular basis to attend swimming classes. Whilst we appreciate that you are a regular customer of the above location, the sites terms and conditions require a valid parking ticket/voucher to be clearly displayed within the windscreen of a vehicle. A valid parking voucher must have the correct number plate, date, month and time scratched off to validate parking. Please see below for photographic evidence.
Having considered all grounds for the appeal you will understand that sadly we are unable to accept your appeal.
When parking on private land, the motorist agrees to abide by any clearly displayed conditions of parking in return for permission to park. This location is private property and is managed by Gemini Parking Solutions London Ltd on behalf of the land owner.
Gemini Parking Solutions fully complies with the guidelines set by the British Parking Association. Please note that photographic evidence is taken with every PCN that is issued.
Payment at the discounted rate £60 can be made within 14 days from the date of this letter. Regrettably payments made after this period will be for the full amount of £100. Failure to pay the amount may result in further costs being incurred and may also result in Gemini Parking Solutions Ltd, reluctantly instructing a Debt Collection agency to collect any sum due.
You have now reached the end of our internal appeals procedure and therefore you now have two options: You can pay the total amount due or you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) within 28 days using the POPLA Reference code provided. Should you wish to make a second appeal, this can be done through POPLA – the independent appeals service – .
By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to further appeal then you must do so to POPLA, as outlined here. Your POPLA verification code is: XXX
Please note that if you wish to appeal to POPLA, you will regrettably no longer be able to pay the charge at the discounted rate of £60. Should POPLA’s decision not go in your favour, you will then be required to pay the full amount of £100.
Please make Cheques / Postal Orders payable to: Gemini Parking Solutions London Ltd Send Cheques / Postal Orders to: Payments Department, PO Box 2525, Buckhurst Hill, Essex IG8 1HR.
Please write your Name, Address and Parking Charge Notice Number (PCN) on the rear of all cheques and postal orders. When making payment by post we recommend using the Royal Mail’s ‘Recorded – Signed For’ or ‘Special Delivery’ services. Cash should not be sent through the post.
Yours sincerely,
Appeals Department Gemini Parking Solutions London Ltd.
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So, now if I appeal further, then no more discount rate is applied, if failed, I need to pay £100. For me it sounds threatening and they just pushing us to pay the fee rather than appealing further. I really don't like this business style.

Anyway, do you think, there is a probability for me to win? Or pay the discounted fee?
If any chance, how should I approach?

One thing is, the date I scratched mistakenly, I mentioned in my first appeal, it was SUNDAY and the centre closes early at 5pm and accordingly they close the gate. So the scratch card I did, doesn't make sense, as mine was scratched the parking from 7pm. Nobody uses the parking on that day, but these parking guys don't accept any mistake? They pinned my mistake, and take advantage of it, they earn the free money, £60, £100?
I will lose the parking fee(because I paid) and the fine.
They will earn from nothing??

Please help me............

The_Deep

Should this get to court, a judge might very well regard this as a trifling matter, and the law does not concern itself with trifles.

https://en.wikipedia.org/wiki/De_minimis

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

NinjaCat

Hi. I have now started to study the parking issue, and looked into the information for **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!" by Coupon-Mad. I should have read it at the very beginning.... I so regret...

By the way, when I appealed to Gemini Parking Solutions at the first time, I noted my name (the keeper is my husband, so the driver is me).....and the reply to my appeal from Gemini included my name there too... did I do a big mistake here..? (I have determined to go appeal further to POPLA)


(Dear the Deep, thank you for your comment, I will look into what you wrote)

onlyfoolsandparking

Hello and welcome to the Forum, you are in the right place to get help in beating this scammer and the reply you got from 'The Deep' is absolutely correct, IF and I mean IF this ever got to court the scammer would be really up against it trying to prove their claim to a Judge and would 99% lose. I cant give 100% guarantee you would win in court nobody here states that BUT with your circumstances I really do believe your in pole position.


your doing the right thing reading the newbies section, CARRY ON!!! learn more about the game you are now playing and most importantly don't panic, these scammers get a kicking in court regularly with the way the superb experts here help/deal with these scamming invoices

Coupon-mad

So, now if I appeal further, then no more discount rate is applied, if failed, I need to pay £100.

No you don't. A POPLA loss does not mean people have to pay a penny.

You are unlikely to win at POPLA as you gave away the driver, but hey ho, so what? Try POPLA anyway and use the argument that the PCN could not have related to the Sunday because the location closes at 5pm on Sundays.

Why not firstly complain to the swimming club venue, as their Manager can cancel these if the facility is actually on site.

NinjaCat

Coupon-mad,

Thank you for comment! Long time ago, I remember I happened to hear, when other person complained about PCN, the centre's reception said to the person, they cannot do anything with the parking matter, as it is out-sourced and out of their hand...

But I will try to speak to the manager if he/she can help me.

Coupon-mad

Definitely do not ask the first receptionist you see. This is a complaint for the Manager.