Leased car with windscreen PCN from Gemini

busyman

Hi all, 

I received a windscreen ticket by Gemini on 17th of June and appealed within the timeframe as a keeper of the car (which is on lease) with the standard blue template as first appeal, not naming the driver etc.
so far I have not received any correspondence, NTK or any other documents from the hire firm, assume that they have not been contacted by Gemini, neither I have received anything further from Gemini accept he rejection of my appeal. 
In the rejection letter there is no POPLA code and I wonder how to proceed.
Who do I write to and shall I use as a next appeal the hire-car specific template like this one, although I have note been identified as a keeper yet or received any NTK?  (https://forums.moneysavingexpert.com/discussion/comment/69767583#Comment_69767583"Pay Now" It is

your responsibility to ensure that payment is received within our office by the date specified.

As a gesture of goodwill we have placed the charge on hold for an additional period of 14 Days to enable one of the above

actions to be complied with.

We are willing to re-offer you the original discounted charge of £60 as full and final settlement of this Notice, if payment is

received within our office on or before the 03/08/23.

If payment is not received by this date, the amount payable will revert to £100, payable by 17/08/23. Failure to pay this charge

within the stated times, may result in Debt Recovery action been taken and further costs up to an additional £70.00 been

incurred.

Yours sincerely,



Appeals Departmen

Coupon-mad

I think you should swiftly reply and say you were driving - NOW.  The danger of them writing to the lease firm is the highest danger.

Normally, we don't say this but in lease cases with a windscreen PCN it's better to hook the case to you as DRIVER.

Screenshot your appeal or email today (that fesses up to driving) and send that screenshot to the Lease Firm immediately telling them NOT TO PAY IT and that you have appealed and stated who was driving so they are no longer involved even if a Notice arrives and you will not be liable if they pay your PCN in error now.

busyman

thanks Coupon - mad. Your advice is indeed against all the recommendation to NOT reveal the driver. I am conscious what grounds of appeal I'll have if I reveal who the driver was. Is this mean I have to pay? 

Thanks.

fisherjim

Nobody pays the useless APCOA.

Coupon-mad

busyman said:

thanks Coupon - mad. Your advice is indeed against all the recommendation to NOT reveal the driver. I am conscious what grounds of appeal I'll have if I reveal who the driver was. Is this mean I have to pay? 

Thanks.

You will never pay.  No-one pays APCOA but the danger is your lease fim will stupidly do so.

Hook it to yourself. Then ignore them.

busyman

Thank you! So apart of revealing the driver what else I should write to them? They asked for the driver to appeal directly,  in this case which appeal template letter I should use? 

1. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forename and

Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.

Thanks.

Coupon-mad

Just reply and say it was you, if it was.

Time is of the essence because any day now your lease hire firm will get a NTK or final demand and they'll pay it then bill you.

Hence why I put 'NOW' in capitals (yesterday).

busyman

Thanks for the clarification, Coupon-mad. Response sent and Lease company informed not to pay as per your advice. 

busyman

Hi all,
So I did as advised and now receive the below response from Gemini. Looks like they changed from POPLA to IAS. 
Reading the newbies thread the advice is not to bother appealing to IAS. Are there any other steps I need to take? 

You recently contacted us to appeal the Parking Charge Notice (PCN) xxxxxx  that was issued to the above vehicle

registration on 17/06/2023 at xxxxx. This PCN was issued because the vehicle broke the

following parking regulation: Unauthorised Parking.

We have reviewed your appeal and taken your comments into consideration. However, the vehicle in question was not

authorised to park on this site. There are clearly displayed signs located throughout the location.

Having considered all grounds for the appeal you will understand that sadly we are unable to accept your appeal.

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 within 21 days.
Should you wish to make a second appeal, this can be done through IAS – the independent appeals service – at www.theias.org/appeal.

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) 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 the IAS, as outlined here.

Please note that if you wish to appeal to the IAS, you will regrettably no longer be able to pay the charge at the discounted rate of £60.00. Should the IAS's decision not go in your favour, you will then be required to pay the full amount of £100.00. 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 International Parking Community. Please note that photographic evidence is taken with every PCN that is issued.

Payment at the discounted rate £60.00 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 £100.00. 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.

Please make Cheques / Postal Orders payable to: Gemini Parking Solutions London Ltd Send Cheques / Postal Orders to:

Payments Department, PO Box 815, Wigan, WN1 9WX. 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

KeithP

I am a bit puzzled.

Your thread title includes "PCN from Gemini" and your opening post states "I received a windscreen ticket by Gemini...".

Your opening post also includes what you allege is Gemini's rejection letter. However, that letter includes the words "Please ensure that correspondence is sent to APCOA Parking, PO Box 815...".

I ask... just who are you dealing with? APCOA or Gemini?
One is a BPA Approved Operator and the other is an IAS Accredited Operator Scheme member.

A lot of your earlier respondents latched on to the almost benign APCOA. Was that wrong?

Coupon-mad

It's Gemini but they are owned by APCOA.

Looks like they changed from POPLA to IAS. 

We knew that already.

No-one was expecting POPLA in this case. Do nothing unless you get a court claim or if you move house, obviously.