PCN received for parking irregularity 2 years ago

cardifflad

Morning,

I’m afraid I can’t find a post similar to my issue, so wanted to ask if anyone could provide any help.

Yesterday, I received 3 PCN’s from Gemini all dating back to September 2020. This is the initial letter that they send and the first I’ve heard of these apparent contraventions. Unfortunately, my wife went through a spell of inputting our car registration incorrectly when parking at our local lesuire centre car park.

We had a fine or two back in late 2020 which we dealt with at the time but having these 3 letters arrive at the same time for an offence over two years ago has thrown me!

With the letters being over two years old, do I have a defence in this matter?

Many thanks for help in advance.

Umkomaas

If the letters are essentially the same (apart from parking dates) are they 'Reminder' letters or are they headed up 'Notice to Keeper'?  Is there a paragraph stating they are holding the registered keeper liable for the charge under the Protection of Freedoms Act 2012 (Schedule 4)?

Grizebeck

Post up what was received pls

KeithP

Are these three recent PCNs for incidents that were previously resolved or are these extra ones?

In other words, are they trying to charge you twice for the same event.

cardifflad

Hello, apologies for the delay in getting back to you. 

I’ve attached the letter below with the wording. I’m a little confused as if states it’s overdue and implies ive ignored other letters which is not the case - this is the first I’ve heard of these apparent offences. All three letters are worded exactly the same but obviously with different offence dates and PCN numbers.

To answer the other question, the letters they sent me yesterday and for new offences and not for a previous one that we ended up paying  2 years ago.

Any help greatly appreciated. Thanks 

Coupon-mad

I think they've traced you at this address after the 2020 PCNs went to an old address.  This is good!

They are actually following the NEW Code of Practice which is great to see!

Sending a fresh PCN at the original rate (discount offered). It should also offer appeal.  This is how it should be when new addresses are traced. Hats off to Gemini (now owned by APCOA).

Look on the back:

- can you appeal?  If you can, do that 3 times over as registered keeper (NOT TICKING 'DRIVER') stating that the NTK received in December 2022 was far too late to comply with the POFA and any previous NTK was not properly served.  As such there can be no keeper liability.

- if not, follow the complaints route and ask why they have suddenly sent 3 similar letters that pretend 'we have recently written to you'.  Tell them this appears very fishy 3 times over, and looks like no letters were sent in 2020 and certainly not 'recently' as all 3 letters state.  Ask for copies of all letters sent, to date.

Secondly:

Check your car logbook now. Wrong address on it?  I reckon you omitted to update your logbook V5c after a move, or did it later than Sept 2020.  Changing your driving licence is not enough.

The DVLA in 2020 gave out whatever address was on the V5c for that car.  Explains the missing letters.

Grizebeck

It seems and it might not be right in this case but Gemini do seem to allow late appeals
so log the appeal as per @Coupon-mad advice (on their website)

cardifflad

Thank you for your help. I’ve lived at mg current address since Sept 2018 and my log book has always been kept up to date so confused as to why they would only write to me now, or imply they’ve written to the wrong address previously. I’ve also owned the car since Nov 2019 with the correct address in it during my ownership.

I will follow through with your advice though and will let you know.

Thanks again.

Coupon-mad

Ok, don't expect to have your appeal accepted.  That doesn't happen at first stage.

Also @cardifflad email the parking firm a SAR today (separately, to their DPO email - see the SAR section of the NEWBIES thread second post) to try to force them to show you the so-called missing letters.

cardifflad

Hello,

Some good news. They’ve cancelled all PCN’s with no further action. No other information was given except to confirm the cancellation.

Thank you for all your help.

Coupon-mad

That's great!

Did you send this wording?

- can you appeal?  If you can, do that 3 times over as registered keeper (NOT TICKING 'DRIVER') stating that the NTK received in December 2022 was far too late to comply with the POFA and any previous NTK was not properly served.  As such there can be no keeper liability.