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  • FIRST POST
    • Davidwc
    • By Davidwc 15th Jan 20, 8:35 PM
    • 5Posts
    • 4Thanks
    Davidwc
    Gemini PCN - appeal rejected
    • #1
    • 15th Jan 20, 8:35 PM
    Gemini PCN - appeal rejected 15th Jan 20 at 8:35 PM
    Hi all,
    I知 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痴 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
Page 1
    • Redx
    • By Redx 15th Jan 20, 9:16 PM
    • 26,776 Posts
    • 35,032 Thanks
    Redx
    • #2
    • 15th Jan 20, 9:16 PM
    • #2
    • 15th Jan 20, 9:16 PM
    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
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Davidwc
    • By Davidwc 15th Jan 20, 9:22 PM
    • 5 Posts
    • 4 Thanks
    Davidwc
    • #3
    • 15th Jan 20, 9:22 PM
    • #3
    • 15th Jan 20, 9:22 PM
    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値l 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
    • By Redx 15th Jan 20, 9:27 PM
    • 26,776 Posts
    • 35,032 Thanks
    Redx
    • #4
    • 15th Jan 20, 9:27 PM
    • #4
    • 15th Jan 20, 9:27 PM
    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
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Davidwc
    • By Davidwc 15th Jan 20, 9:29 PM
    • 5 Posts
    • 4 Thanks
    Davidwc
    • #5
    • 15th Jan 20, 9:29 PM
    • #5
    • 15th Jan 20, 9:29 PM
    Thanks, I値l 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
    • By MistyZ 15th Jan 20, 9:32 PM
    • 1,266 Posts
    • 2,662 Thanks
    MistyZ
    • #6
    • 15th Jan 20, 9:32 PM
    • #6
    • 15th Jan 20, 9:32 PM
    I think I値l 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?
    Originally posted by Davidwc
    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
    • By Davidwc 15th Jan 20, 9:35 PM
    • 5 Posts
    • 4 Thanks
    Davidwc
    • #7
    • 15th Jan 20, 9:35 PM
    • #7
    • 15th Jan 20, 9:35 PM
    Many thanks Misty, I値l 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値l speak to estates tomorrow. Thanks
    • Redx
    • By Redx 15th Jan 20, 9:52 PM
    • 26,776 Posts
    • 35,032 Thanks
    Redx
    • #8
    • 15th Jan 20, 9:52 PM
    • #8
    • 15th Jan 20, 9:52 PM
    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
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • MistyZ
    • By MistyZ 16th Jan 20, 8:53 AM
    • 1,266 Posts
    • 2,662 Thanks
    MistyZ
    • #9
    • 16th Jan 20, 8:53 AM
    • #9
    • 16th Jan 20, 8:53 AM
    Dropping off confused me too 'cos I thought this was parking for work.
    • Davidwc
    • By Davidwc 16th Jan 20, 10:44 AM
    • 5 Posts
    • 4 Thanks
    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知 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
    • By The Deep 16th Jan 20, 10:57 AM
    • 16,399 Posts
    • 17,339 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?

    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.

    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.
    You never know how far you can go until you go too far.
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