PCN- Gemini

[Rks2020]

Hi all ,

Requesting some help please.

Just received a PCN through the post for from Gemini.
Had parked for a few minutes outside our nursery school to drop little one off to dance lessons on a Saturday afternoon , was in disabled bay.

The area where car was parked belongs to the nursery not LBhealthcare and there are no sign posts indicating that that side of the road is
overseen by Gemini. There are signs opposite LB healthcare which i am well aware of but the side i parked is for the nursery.

The PCN says: " Failure to display a valid blue badge " at LB healthcare.
" the contravention is a Breach of the terms and conditions of use of the facility. Signs are clearly displayed thoughout
the area showing these terms and conditions. "

I know very well that Gemini issue tickets if parked on the side of LBHealthcare but the other side of the side road ,
all nursery staff and parents use.

Should I reply that the ticket issued is not an area controlled by Gemini or ask for contract showing which area of the
road they oversea as there are absolutely no signs on th esid eof the road the car was parked.

Thanks for any help in advance.

[Rks2020]

Ok thanks.

[des8]

"When i asked the parking company to show they had contract to issue parking fine in the area concerned they said they did not have to discloose that info " .. They will if they initiate a court claim

Debt Recovery Plus are solely debt collectors and have no authority other than to request payment so I would not bother responding to them at all.

Only Gemini can initiate a court claim, and they have told you the case has been closed.(keep that email safe !)
Obviously if they do try and reopen it, besides you having a good defence, they will look rather more stupid than normally.

[Rks2020]

Hello all,

I have had another pay now letter from debt recovery.
Is this normal for them to continue sending these letters out ?
The parking company said the case was closed.
They never replied when i asked them to explain their meaning.
So do i just ignore these letters now.? i guess they would need to take this to court to enforce any action.
When i asked the parking company to show they had contract to issue parking fine in the area concerned they said they did not have to discloose that info , also there are no signs on that part of parking bay.

Thanks

[Rks2020]

Hello yes , via email that was from gemini.

I emailed the debt collecting agency , and told them what gemini said that the case was closed.

Ok thanks

[des8]

Hi ,

The parking company said the case was closed , asked what they meant by it , never had a reply back.

Was that in writing?
If so celebrate but keep it safe for the next 6 years

[Rks2020]

Hi ,

Received this today from debt company.

If your email related to an appeal about a parking charge, we will not be able to consider this as the time to appeal the charge has elapsed.



We act upon the behalf of our client, who in turn acts upon the behalf of the landowner as their authorised agent. At this stage, we are not obligated to provide you with either the landowner’s contact details or with a copy of the agreement made between our client and the landowner and therefore will not be doing so. However, if the matter does proceed for legal action, all relevant documentation will be provided to the court.

The parking company said the case was closed , asked what they meant by it , never had a reply back.

[Rks2020]

Hi ,

yes, only written to them advising them via their website that this has been disputed and for them to cease their activities.

[des8]

You are dealing with a parking company and a debt collector who collects only on behalf of such companies.

Do not expect them to act reasonably or fairly at any time.
Their business plan is to issue as many charge notices as possible, and then to threaten legal proceedings to enforce them.
They hope most people will just pay up.
Those that don't will, in some cases, be sued.
Sometimes they discontinue the case at the last minute, or just don't turn up for the hearing
Some of those cases where they appear, they will lose because a decent defence has been made.
Some they win
county court is a bit of a lottery

If you do intend to enter into correspondence with them (not recommended except as advised above) do not identify the driver as it will make it harder to defend when/if it reaches court

[Rks2020]

I have checked with council and they do not own the land . Only one side of road has signs where it says it controlled by Gemini.
The other side belongs to the nursery and at the end there are 2 spaces which have sign post for blue badge.
Apparently from what i searched - " There are no statutory concessions for Blue Badge holders on private land"
Also there is no parking restriction signage for those 2 parking bays , other than it says for blue badge holders.
I will write to Gemini again asking for contract to show that area is conyrilled by them and also challenge there is no signage to say so .

[Rks2020]

Ok , I will write , do they have any case to proceed against me though ?
Do I need to write to the company raising this to say im disputing their fine ?
Thanks

[des8]

write advising them the charge is being disputed and they should cease collection activities.
They will ignore you!

[Rks2020]

Hi all ,

I have now received a debt recovery letter from dept recovery plus.
Asking for £170 pay by 7nov or do nothing where they inform their legal team.

What do i do now please ?

Thanks

[Rks2020]

Yes ,seems very odd ,I will call them today. Also the link only works from the text message not when type it in search bar on pc.

Further more is this not breaking data protection law , where did they get this mobile number from ?

Just called the council , there is a recorded message saying if you have received a text there it is a scam , ignore it they do not send out text messages.

[des8]

Other than the gov.uk website those other links don't work for me.

contact your local council and see if they employ Gemini as Parking Enforcement Officers.

A parking company cannot issue fines. Fines are imposed by the court, councils levy Penalty charges, private companies can only issue invoices for charges.
There is something odd about that text message

bit.ly is a "connections platform" ... whatever that may be!