Gemini ANPR PCN - Gunnersbury Park Ealing London

[ajjm]

Hi All

I received a parking charge notice to keeper on Tues 20 Dec 2022, there was no postmark on the envelope but I received a lot of post that day - possibly held up by postal strikes. I had not received any previous letters or information about this - nothing left on the car and nothing in the post.

 

The letter states one has 14 days to pay a reduced amount but the letter arrived 22 days after that date. 

 

1 Date of the infringement 18/11/22

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 28/11/22
 

 

3 Date received 20/12/22
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N
 

5 Is there any photographic evidence of the event? Yes photos of number plate but no entry or exit time on the photos supplied in the NTK
 

6 Have you appealed? [Y/N?] post up your appeal] N
 

Have you had a response? [Y/N?] post it up n/a
 

7 Who is the parking company? Gemini Parking Solutions

 

8. Where exactly [carpark name and town] Gunnersbury Park Ealing London

For either option, does it say which appeals body they operate under.

The footer of the letter says 'operating in accordance with the British Parking Association's Code of Practice' but the address they give to appeal is themselves i.e. geminiparkingsolutions.zatappeal.com
 

 

 

If you have received any other correspondence, please mention it here None

 

 

My plan is not to respond 

 

I am unsure if this NTK is even within the rules and what exactly the implications are regarding the delay in receiving it. It seems odd not to have received any letter before this (from previous experience).

 

The person who parked did actually try to pay but without success. The park management are actually changing the app through which one pays from Jan because there have been so many problems for park users with the app this company use (Y Pay) - aware of this the parker tried a card in the machine and couldn't get it to work so left a note on the windscreen.

 

However the car park uses ANPR. I visited the car park and it does state this on entry to the car park but not on the signs near the payment machines. It states that 'ANPR cameras and parking operatives obtain vehicle information to manage this car park'.

 

Thanks in anticipation

AJJM

>

 

 

NTK Dec 22-5.pdf

Edited December 23, 2022 by FTMDave
Personal details showing

[FTMDave]

4 hours ago, ajjm said:

The park management are actually changing the app through which one pays from Jan because there have been so many problems for park users with the app this company use (Y Pay) - aware of this the parker tried a card in the machine and couldn't get it to work so left a note on the windscreen.

You're absolutely right not to respond.

 

Any proof you can get of the above might be very useful later down the line.

 

 

[FTMDave]

Thread tidied.

[ajjm]

I have taken photos from Gunnersbury’s website stating that they are changing the payment app following visitor feedback regarding problems with the Y-Pay app. If I can work out how to convert them from photos I will post them

[lookinforinfo]

The PCN is not compliant as it doesn't follow the wording on the warning to keepers of their liability should the driver fail to pay. I would also query why the photos do not have the times stamped on them of your arrival and departure since those are the times that prove your car  was there when they said your car was there.

As there is no keeper liability be careful not reveal who was driving so well done for not appealing.

[ajjm]

I have now received a further letter entitled "Overdue Parking Charge Important Notice to Keeper" dated 29/12/22 although I only received it a few days ago.

 

I attach a copy of the first page - the second page is exactly the same as the first letter.

 

Apart from now saying I owe £100 there is no other new information.

 

I plan to file it with the other letter and hold tight.

NTK Dec 29 Gemini (1).pdf

[dx100uk]

ignore

 

[ajjm]

Hi,

I received the attached from Debt Recovery Plus.

 

Looks as though they are threatening potential legal action but not actually doing so as yet.

 

The back of this letter does refer to the Protection of Freedoms Act 2012 - the NTK didn't. Presumably they know the PCN is not compliant (as per post #5) so would be daft to take it further.

 

Again, I plan not to respond at this stage.

Gunnersbury Park DRP letter Jan23.pdf

[dx100uk]

Until or unless you ever receive a letter of claim from the PPC or a solicitor who's client is stated as the PPC or a court claim from northants court, you are quite safe to ignore everything 

 

Dx

[lookinforinfo]

The NTK was the first notice they sent. It presumably should have arrived within 14 days of the event. It didn't possibly because of the postal strike. However the PCN does not comply with PoFA since the wording about asking for the name of the driver is all wrong so they cannot pursue you as the keeper. In addition they have not quoted the parking period only the arrival and departure times.

 

On the Reminder they have misquoted the date of the alleged parking offence the 28 the November rather than the 18th November.

Their inability to provide a proper payment facility is their fault and motorists should not be liable to pay for their error and you can claim it was a frustration of contract.

 

You are out of time to appeal so just ignore them to prevent perhaps revealing the name of the driver. They seem to be setting quite a brief pace on chasing up the PCN probably hoping to scare you into paying.

[ajjm]

Thanks

I think the 28/11 on the letter is referring to the date they say they issued the parking charge - i.e. 10 days after the alleged offence (presumably as it has to be within 14 days). However I have never received this - the NTK was the first I heard about it although it took 22 days to arrive. But they also refer to the NTK as if it is a PCN. Anyway I’m confident to keep ignoring. 

[ajjm]

Hi

Posting the latest communication - slightly different on page 3 than I've seen before. I don't appear to need to reply even though they say legal recovery actions 'will begin' on p1 as p3 says 'if your case has to move to legal action'. Certainly nothing received along the lines of what's in post #9

Gunnersbury Park DRP letter Feb 23.pdf

[honeybee13]

I like the way they're looking for a fair outcome for you but have already marked their own homework [in their favour] in that list of conditions to be met. It reminds me of junk mail I used to get, interesting psychology.

 

As always, it's only a Letter Before/of Claim or court papers that matter, but it's good to check that 'ignore' is still the right approach.

 

HB