Gemini Parking - No charge notice - Parked in No Parking area

daggerdanny

I have received an Overdue Parking Charge letter today from Gemini Parking solutions.

The driver didnt receive a charge notice whilst they were at the location and this is the first they have heard about it. As such the driver has lost the ability to appeal in the first phase of the process and have now been charged the full amount.

The letter says the driver of the car broke the condition: Parked in No Parking area.

What should be done at this stage? Is it worth doing the online appeal as suggested in the newbies thread?

Thoughts and suggestions please! Thanks

The_Deep

If the sign said "No Parking" then clearly there can be no contract offering parking. No contract, therefore no breach of contract. Read some of the cases here.

https://www.bing.com/search?q=forbidding+signs+parking&form=EDNTHT&mkt=en-gb&httpsmsn=1&refig=ae46706362724723f4a5f451bb486c96&PC=ACTS&sp=1&qs=AS&pq=forbidding+signs+&sc=6-17&cvid=ae46706362724723f4a5f451bb486c96&cc=GB&setlang=en-GB

and complain to your MP.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.

ShakeItOff

Welcome!

Who is the PPC?

You could appeal (no identifying the driver though), I don't think there would be any harm in that. Advice all in the NEWBIES thread for that one. If it is out of time, you may well lose, then the debt collection letters start (these are toothless). Keep them all, but don't respond, and then play the waiting game. The PPC will have 6 years to bring a claim, and you would need to respond to a Letter Before Claim.

daggerdanny

ShakeItOff wrote: »

Welcome!

Who is the PPC?

You could appeal (no identifying the driver though), I don't think there would be any harm in that. Advice all in the NEWBIES thread for that one. If it is out of time, you may well lose, then the debt collection letters start (these are toothless). Keep them all, but don't respond, and then play the waiting game. The PPC will have 6 years to bring a claim, and you would need to respond to a Letter Before Claim.

PPC is Gemini Parking Solutions

ShakeItOff

It looks like Gemini have tried their hand at county court, so make sure that you keep any correspondence from them or their debt collection agencies.

They are BPA members too, so chance an appeal and POPLA code - all covered in NEWBIES thread.

Coupon-mad

This is the same as all BPA members, use the template appeal from the NEWBIES thread, just remove the bit about overstaying or PDT machines and just ask what the alleged contravention was, as the driver saw no PCN and their letter dated xx/xx/19 is the first letter.

DO NOT imply who was driving so no writing sentences about the day.