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Gemini PCN and crystal palace sports centre (again)

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  • Gemini PCN and crystal palace sports centre (again)

    hi all

    A friend got a parking ticket for not being in a marked bay at crystal palace sports centre. The car park is situated inside the park. Gemini Parking Solutions issued the PCN via post. It's not one of the car parks that park users are expected to use i.e. the car park is associated with the sports centre, not the park. GLL refers to the operator of the leisure centre (Greenwich leisure limited).

    They don't deny the charge - they're the keeper & owner of the vehicle and had tucked themselves over next to the exit point of the car park (as can be seen from the photos attached of the letter - the other photos show where they parked and the GLA asset portfolio database), as there were no parking bays at all (they'd already driven round 3 times looking and were due to coach a match shortly i.e. in a bit of a rush). They'd not blocked the exit and other people had taken to parking on the grass slopes next to the road in desperation (but that seemed a step too far).

    Additionally, they think they've just missed the cut off for appeals (28 days), going from the date on the letter. However, there's nothing in the postal PCN that says the 28 days runs from the date of letter. Letter is dated 3rd March. The letter was received on the 6th March (though can't prove that - just came through letterbox).

    Anyway, the PCN is annoying because there was no space to park, plus, if this previous post on this forum is correct (https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/99611-gemini-parking-solutions-london-ltd?p=1132004#post1132004), parking is free, which makes the £60 or £100 ridiculous.

    The driver has not been able to review whether signage at the site is clear, appropriate or mentions about parking in the bays. They live over an hours drive from crystal palace and of course we're in covid19 lockdown. They've not tried contacting the sports centre because it's closed too, due to the lockdown. The earlier legal beagles post said the signage only referred to disabled parking and the April 2018 street view imagery would suggest similarly. You can actually follow street view round the whole of the circuit and through the carpark and the only signage found related to the disabled bays but, again, the imagery is April 2018

    The driver was hoping that the claim Gemini made that they've parked on private land is the loophole, since their understanding is that the land belongs to the GLA. They definitely have 4 assets in the crystal palace park (see one of the uploaded photos), which includes the leisure centre but it's not clear if the car park is actually part of that asset.

    It's not clear who owns the land but it seems to be either the GLA or Bromley Council. The GLA were contacted by phone and email - no reply to the email and the customer service lady didn't provide any insight.

    Anyhow, the driver would welcome your opinions and any help you can provide.



    regards,

    Gary


    Key to photos:

    - first two are the PCN
    - 3rd gives you an idea of where the driver parked
    - 4th - the red cross is where the driver parked
    - 5th - the blue triangles are the GLA assets and the tiny red cross is where the driver parked

    Click image for larger version  Name:	20200331_183357b.png Views:	1 Size:	872.0 KB ID:	1519348Click image for larger version  Name:	20200331_183425b.png Views:	1 Size:	926.4 KB ID:	1519349Click image for larger version  Name:	Annotation 2020-04-01 054124 (google maps streetview april 2018 image capture - where i parked at the crystal palace sports centre).png Views:	1 Size:	633.0 KB ID:	1519350Click image for larger version  Name:	Annotation 2020-04-01 054604 (google maps aerial photo image date 2020 - where i parked at the crystal palace sports centre).png Views:	1 Size:	900.1 KB ID:	1519351Click image for larger version  Name:	Annotation 2020-04-01 055221 (extract from GLA land & property asset database - red cross is where i parked).png Views:	1 Size:	513.3 KB ID:	1519352
    Last edited by gazzawazza; 2nd April 2020, 03:32:AM.
    Tags: None

  • #2
    Edit your post so that the identity of the driver cannot be inferred, use "the driver ......." etc

    Was there a windscreen ticket?

    You might find details of council ownership on line.* Look for Parking place orders.

    There are many POFA fails on that Notice to Keeper.
    *

    Comment


    • #3
      Originally posted by ostell View Post
      Edit your post so that the identity of the driver cannot be inferred, use "the driver ......." etc
      Was there a windscreen ticket?
      You might find details of council ownership on line. Look for Parking place orders.
      There are many POFA fails on that Notice to Keeper.
      Thanks for the reply ostell

      wish i'd seen this sooner - i'm subscribed but didn't get a notification you'd responded (and notifications are switched on).

      Anyway, your comments:

      1) ok
      2) no, not a windscreen ticket. In the post.
      3) there's some text / font issues - not sure what "" is
      4) the driver is not familiar with POFA, so wouldn't know how to identify the failures

      couple of questions:

      1) would it be worth emailing the leisure centre - i know it's closed but perhaps someone is still monitoring emails. Any reason not to?

      2) should the driver still appeal?




      regards.
      Last edited by gazzawazza; 1st April 2020, 23:12:PM.

      Comment


      • #4
        No, the driver does not appeal, the keeper does.

        Find out if it is council land.* It may be simply a matter of looking on the council web site


        Here's POFA* Look at paragraph 9 especially 9 (2) and see what is missing.* To get you going then here's an appeal to get you going:

        Dear Sirs,
        *
        I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx
        *
        You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability in the format* prescribed by section 9 (2) (f) of the Act.* You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
        *
        There is no legal requirement to name the driver at the time and I will not be doing so.
        *
        I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
        *
        Yours etc



        *

        Comment

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