Gemini PCN - appeal rejected

Davidwc

Hi all,
I’m very new to this forum but would be grateful for any guidance. I received a pcn whilst parking my vehicle within the staff car park that I work. The pcn was from Gemini. I had parked in an area that I did not notice had a gemini parking warning sign.

I foolishly appealed it, and practically admitted I was the driver of the vehicle by politely asking them to cancel the pcn considering I already pay to park at work out of my salary and have never had a problem in the 6 years I had worked there. There are also a lot of building works ongoing which reduces the number of parking spaces and therefore the only spaces left to park are now within a restricted parking area, it’s basically a mud pit and is used daily by staff but seems that I was the unlucky one who received a ticket.

I just wanted a bit of advice on the next step as I foolishly responded to the pcn, they then rejected my appeal and I now have 14 days to pay £60 or this increases to £100. Is there anything further I can do to avoid paying what I think is an unlawful penalty? I already pay to park at work so am unclear what I would be paying for. I could be wrong?

Any advice would be gratefully received
Thanks
DW

Redx

Did they issue a popla code ??

If so , your next step is popla (you should have expected a rejection and planned for it)

If you think it's an unlawful penalty , then put that to a judge if it gets that far

Personally I would be getting my employer to cancel the PCN

Davidwc

Thanks, yes they issued a popla code. I contacted the PALS department today (I work in a hospital). They emailed Gemini but received an email to say they had already responded to me and therefore I would need to pay or contact popla.

I think I’ll be contacting the estates manager tomorrow to see if they can help. As I have admitted to being the driver and it did end up going down the legal route, do I have less of a leg to stand on?
Thanks

Redx

Yes contact HR asap , get them to insist on a cancellation

Yes an admitted driver has less appeal options to choose from

Why didn't you tell us this earlier instead of having to prise it out from you ?

The devil is in the detail

Davidwc

Thanks, I’ll contact them tomorrow. I mentioned in my appeal that I was dropping off my daughter etc and I had parked in so and so area. I should have come to this site earlier.

Fingers crossed they can help

MistyZ

Davidwc wrote: »

I think I’ll be contacting the estates manager tomorrow to see if they can help. As I have admitted to being the driver and it did end up going down the legal route, do I have less of a leg to stand on?

Many PCNs are unfair and this one is particularly unfair. Obviously you'll need to be polite with the Estates Manager, but please be assertive.

Your 'complaint' to the hospital really should work so don't be defeatist about it, persevere if necessary. But in order to be ready for POPLA if that is necessary, get some photos of the car park as it is, including signage, just in case work there is completed before that stage.

Davidwc

Many thanks Misty, I’ll take some more photos tomorrow. The car park is notorious for being unfit for purpose and it has forced people to park in this now restricted area. I’ll speak to estates tomorrow. Thanks

Redx

If you were dropping off a relative , then surely it was a flying visit ?
So what reason and time observations were on the PCN ?

If the area is not for Parking , then there is no contract to park , no consideration equals no contract

Presumably it's forbidding signage as well ? So is trespass against the trust. Not parking

MistyZ

Dropping off confused me too 'cos I thought this was parking for work.

Davidwc

Hi sorry yes my appeal to them said I dropped my daughter off to my mums in the morning meaning there are no spaces to park and we are therefore forced in to parking in what is now a so called restricted area. I never park here as I am always in very early but see staff park here on a daily basis. Yes it was parking for work. I’m due to speak with the facilities manager today. If it gets rejected and my popla appeal is rejected, what would you recommend? Do I pay the £60 before I appeal via popla considering I mentioned in my original appeal that I was driving? Thanks all

Thanks

The_Deep

Please read this

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Have they complied?

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]