RE: Gemini Parking solutions appeal

BrkenFingrs

Hello all,

I've read the newbies thread and I know it states not to start a new thread, however I'm wondering whether it's advisable to put certain information within the 28 day appeal.

I received a PCN after parking at GLL Mile End. The machines there would not dispense a ticket (2 physically wouldn't accept the money, another would accept money but wouldn't dispense a ticket despite multiple button configurations tried). I took the executive to continue into the gym only to come out to a fresh PCN. I'm taking the advice posted here to send in the blue template appeal at day 26 (thanks to whoever drafted that and posted it), however I'm wondering if I should include the information about the malfunctioning machines. Potentially as something like this "The PDT machines onsite are faulty and don’t dispense tickets which makes adhering to the contractual agreement set forward by Gemini Parking Solutions impossible."  Now there is a couple of questions I was wondering....logical tells me the burden of proof is on myself to demonstrate they are broken however I do believe this isn't currently possible under the new UK guidance to keep people in their houses as the gym is shut and I may be reprimanded if seen taking snaps of PDTs that is clearly not linked to exercise or getting basic supplies. Also this feels like it slightly incriminates me as the question may be posed as to how do I know this? Making it fairly evident I must've been there at the time to assert the claim in wasn't working throughout the period of time I got the ticket.

If it is advisable to put that info in, do I rescind this statement from the appeal letter ["If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it."]?

Apologies for the multiple questions but, as a paramedic, this is an absolute headache I could do without as work is manic at the moment.

Kind regards and many thanks!

D_P_Dance

Read this

https://forums.moneysavingexpert.com/discussion/6116701/let-us-ignore-all-pcns-not-for-milquetoasts/p1

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

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

MistyZ

BrkenFingrs said:I'm wondering if I should include the information about the malfunctioning machines. Potentially as something like this "The PDT machines onsite are faulty and don’t dispense tickets which makes adhering to the contractual agreement set forward by Gemini Parking Solutions impossible." 

I'm no expert but personally I would not change the blue template appeal.  I don't think it matters too much if there are slight contradictions - the key thing is to wave the forum template at them in order to signal that you are now becoming well-informed.  

And if I were to add anything I think I'd leave off the bit about not being able to adhere to the contractual agreement, but would simply state that the machines were faulty.  Hmmm, even then that might be inadvisable .... see what others think.

However, in addition to the first appeal, and with all haste, complain very vigorously to the Gym's management.  They should have ample time in which to get this thing cancelled and that is their responsibility.  Unless of course they are not actually the landowner, so add a sentence to the effect that if they're not, you need to know who is, including a contact email for the landowner or land-management company's CEO.

Don't fret about this.  Channel some of the frustration & anxiety you are doubtless feeling at the moment into the complaint.  Keep it essentially polite, make sure you do not identify the driver (anyone could have driven that car there), mention your profession but be firm and adamant that this extremely vexatious and unwarranted source of stress must be dealt with i.e. cancelled.  Of course the gym knew the machines were faulty!   

Nobody, but nobody, should be messing with NHS staff at the moment.  The public are on your side.  Well, the vast majority of us are.

D_P_Dance

Personally, I would ignore, read this

https://forums.moneysavingexpert.com/discussion/6116701/let-us-ignore-all-pcns-not-for-milquetoasts/p1

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

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

MistyZ

D_P_Dance said:

Personally, I would ignore

But D_P ..... this is so very, very cancellable!  The OP needs the PCN gone pronto!    

D_P_Dance

I am not advocating that OP ignores Misty, just saying what I would do.  

KeithP

D_P_Dance said:

I am not advocating that OP ignores... 

Yes you are.

The title of the thread you are spraying all over the board today starts...

"Let us ignore all PCNs"

And the message in that thread includes: I suggest that we now ignore PCNs completely

BrkenFingrs

Thanks for your reply, D_P_Dance. Really solid advice that I shall heed, although I think this will be on the bottom of the list for my MP to sort out given the current climate. That being said, shall I go ahead and reply to it on the off chance business goes on as usual for these scammers and the fact special measures have come into place is not a reasonable enough defense? Also whats your thoughts on the proposed amendment to the blue template letter?

Thanks

BrkenFingrs

Thanks Keith P, again, really good advice. I will leave the blue template as it is then and send it across on the 26th day. Already tried getting in contact with the gym (emailed and called twice), however manager has always been in meetings (probably concerning the shutting down of the gym) and has subsequently not got back to me. In the off chance the gym management does get back to me, shall I just refer to the driver in a general 3rd party term as the PCN was a window one? Seems like that is the only way of not damning myself.

Also thanks for the kind messages of support and help given, it truly is greatly appreciated. This is very much the last thing I want to be doing after coming back from work....blasted GEMINI PARKING SOLUTIONS!!!

BrkenFingrs

Also thanks to Misty as well! Fanx ya

D_P_Dance

No I am not Keith, my post was not specifically addressed to the OP.  In the FO we used to call them position papers.

Fingers, Parliament will be in recess shortly.    Your MP may well have some time to spare.