Gemini Parking solutions [London Ltd]

[BrokeMotorist]

I have received a PCN from Gemini Parking Solutions whilst parked in my local gym at Crystal Palace. Whilst parked on a zebra crossing, this is at the dead end of the car park and is not like a situation on a main road, as this is all within the Crystal Palace Park area.

Looking up Gemini Parking Solutions, it seems that this is possibly a scam outfit. I have been parking here for years without incident - also when there are events on and little parking, people tend to park wherever possible.

Can anyone offer advice as to how best to deal with this?

Thanks

[charitynjw]

Re: Gemini Parking solutions [London Ltd]

Hi & welcome to LB.

Be careful not to ID who was driving at the time.

Is the vehicle on lease or HP (or similar)?
Was there a windscreen PCN?
Could you post up the NtK? (Front & rear, obscure personal info but leave all dates & times visible)
Also pics of current site signage.

[BrokeMotorist]

Re: Gemini Parking solutions [London Ltd]

Noted on vehicle ID
The vehicle is owned outright by me, not lease or HP.
Copy of PCN uploaded [The print on original is not good-trust this is legible] this was placed on the windscreen. Don't have any pics of signage at the site - will add later.

Regards

[charitynjw]

Re: Gemini Parking solutions [London Ltd]

The windscreen PCN (Notice to Driver) is defective.
Protection of Freedoms Act 2012 Schedule 4, 7(2)(a)

7

(1)

A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

(2)

The notice must—

(a)

specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Do not ID the driver at the time of the parking incident.

[BrokeMotorist]

Re: Gemini Parking solutions [London Ltd]

Hi
Thanks for the response - I have checked for signs this afternoon and there are no signs other than on disabled parking bays, photos attached. I have also attached a photo indicating where I was parked - the white car half over the pedestrian crossing. I spoke to the centre manager and apparently they have employed Gemini Parking solutions to manage the disabled bays. Apparently this is also public land with a covenant that prohibits charging for parking.
How should I respond to this - should I contact the appeals email on the PCN to cite the above regulations?

[ostell]

Re: Gemini Parking solutions [London Ltd]

The alleged "Offence" was obstructive Parking". Get a photo of the sign and see if it mentions obstructive parking..

I think this should be a case of wait for the Notice to Keeper to arrive and see if the NTK and NTD say the same thing. Should arrive after day 28 but must be before day 56..

Or you could write to them as the keeper so that the appeal gets to them just before the expiry date for the appeal. They may be so happy to get your name and address without having to pay the DVLA that they may forget to contact the DVLA and therefore cannot hold the keeper liable or may not bother sending a Notice to keeper at all so you play letter ping pong until day 56 then tell them to get lost.

Edit: Your photos arrived as I was typing. Is that all the signs? Are there any terms and conditions on any sign?

Is that your car from County Wicklow? Normally I would say edit the photo to hide the number plate but if it is your car then I would just ignore the windscreen ticket. How can they get the keepers details AND take to to court. See what others say.

[charitynjw]

Re: Gemini Parking solutions [London Ltd]

Also 'forbidding' signage.

An epic fail so far for Gemini.

[BrokeMotorist]

Re: Gemini Parking solutions [London Ltd]

There is no reference to 'obstructive' parking, signage relates only to disabled parking bays..
That's not my car, just a car parked in a similar position to that which I parked in when the PCN was issued. will think about response to follow - thanks for the feedback.

[BrokeMotorist]

Re: Gemini Parking solutions [London Ltd]

Hi
Appealed on grounds of defective PCN as advised and also no signage - attached is response rejecting appeal. What is best response from this point? I have checked and there is no restrictive parking signage other than that posted by Gemini on disabled parking bays. Only signs are wayfinding within the park.

[ostell]

Re: Gemini Parking solutions [London Ltd]

Edit the identifying details out of that notice from Gemini. Write back to them asking where obstructive parking is located on their list of conditions on their sign. Also request that they issue you with a valid POPLA code as they are required to do under the BPA Code of Practise

[BrokeMotorist]

Re: Gemini Parking solutions [London Ltd]

The rejection of the appeal states that 'I have now reached the end of our internal appeals process. Should you wish to make a second appeal, this can be done through POPLA'. Should I appeal to POPLA.? Gemini go on to state that if the decision is not in my favour, I lose the discounted payment option.
They have issued a POPLA code with the appeals response.

[charitynjw]

Re: Gemini Parking solutions [London Ltd]

Have they provided you with a POPLA code?

[BrokeMotorist]

Re: Gemini Parking solutions [London Ltd]

yes they have provided a POLA code

[charitynjw]

Re: Gemini Parking solutions [London Ltd]

The decision whether to continue or not (ie risk losing the discount) must be yours.

If it were me I'd appeal via POPLA.
There are several valid points of appeal, & whereas the parking co have to accept it if POPLA decide in your favour, you do not have to accept an adverse decision.

[BrokeMotorist]

Re: Gemini Parking solutions [London Ltd]

Thanks for the advice _ I will appeal via POPLA route.