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Gemini Parking Ticket
chris101
post Wed, 29 Aug 2018 - 21:27
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Good Evening,

During the Bank Holiday Monday, 27/08/2018, the driver took their kids to the soft play at the gym. While juggling to get the kids out the car, the driver used one of the gyms parking tickets that they had in the car (they had a booklet of paid tickets that they use for the gym) however it seems in the rush and chaos in getting out of the car their son knocked the ticket off the dash board and upon returning to the car they had a ticket)

They appealed back via email advising that they actually had a ticket and provided a picture of it along with the membership cards for their children for this gym however they received a rejected response although it states in the letter they had a valid ticket on display...

Is there any way they can appeal this ticket any further?

Many Thanks for your time.

[]green poems[/url]

This post has been edited by chris101: Thu, 30 Aug 2018 - 14:16
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post Wed, 29 Aug 2018 - 21:27
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The Rookie
post Thu, 30 Aug 2018 - 05:54
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I'm hoping you didn't give away the driver ID in your appeal but fear you did?


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chris101
post Thu, 30 Aug 2018 - 06:18
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The following is what I wrote in my email to them -

Vehicle Reg:

Good Afternoon,

As per attached picture of proof of parking ticket and membership, we believe this ticket has been issued wrongly.

Please can this ticket be waived off your system.

Regards,

(First Name)

----------
The car is registered to my wife and does it make a difference if she was driving it/parked it?

This post has been edited by chris101: Thu, 30 Aug 2018 - 06:24
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The Rookie
post Thu, 30 Aug 2018 - 07:55
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Take down your scan NOW, anyone can use it to kill your POPLA appeal.

You now need to prepare your POPLA appeal, look in other threads but it muct inlcude
PoFA
Signage (visibility)
Signage (contract)
Unconscionable under the circumstances, you had a ticket.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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chris101
post Thu, 30 Aug 2018 - 12:15
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QUOTE (The Rookie @ Thu, 30 Aug 2018 - 07:55) *
Take down your scan NOW, anyone can use it to kill your POPLA appeal.

You now need to prepare your POPLA appeal, look in other threads but it muct inlcude
PoFA
Signage (visibility)
Signage (contract)
Unconscionable under the circumstances, you had a ticket.


Thanks for this and have amended the post.

So when I appeal via POPLA, shall I say exactly what I have stated on here?
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ostell
post Thu, 30 Aug 2018 - 12:37
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And amend your first post so that the identity of the driver cannot be inferred. Use " the driver ......"etc.
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The Rookie
post Thu, 30 Aug 2018 - 17:50
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QUOTE (chris101 @ Thu, 30 Aug 2018 - 13:15) *
QUOTE (The Rookie @ Thu, 30 Aug 2018 - 07:55) *
Take down your scan NOW, anyone can use it to kill your POPLA appeal.

You now need to prepare your POPLA appeal, look in other threads but it muct inlcude
PoFA
Signage (visibility)
Signage (contract)
Unconscionable under the circumstances, you had a ticket.


Thanks for this and have amended the post.

So when I appeal via POPLA, shall I say exactly what I have stated on here?

No, you use the legal points here I listed and base your research on other appeals you’ll find posted. Once you’ve written it post it here for a critique. The fact you paid for the time used you can use as an argument why it’s unconscionable and differentiate your case from Beavis but that won’t be enough to win at POPLA.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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chris101
post Thu, 30 Aug 2018 - 21:57
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Just to add the car is a leased car, does the circumstances change?
Also, as we appealed by email two days after receiving the PCN, we have still not received a NTK letter.
Should we be waiting for this prior to any further action or as I have responded to the PCN via email and had a response with the POPLA code, I am ok to directly proceed with appealing to POPLA?
I worry if the NTK goes to the lease company, they will end up paying for the PCN and charge me the full cost and their commission...

This post has been edited by chris101: Thu, 30 Aug 2018 - 21:58
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SchoolRunMum
post Thu, 30 Aug 2018 - 22:47
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You appealed far too early, as I just replied to you on MSE (as Coupon-mad) but at least the appellant - your wife I hope, as she is the lessee - didn't say who parked. That was good.

So she starts with 'no keeper liability' (no Notice to Keeper or Notice to Hirer issued, POFA not complied with) and then the rest of the template appeal points for POPLA, as set out in links in the third post of the NEWBIES thread on MSE.
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chris101
post Wed, 10 Oct 2018 - 20:20
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Good Evening,

Due to a new addition to the family, my wife and I totally forgot to appeal via POPLA.
It has been 7 weeks and no letter received from the parking company.

Should we still appeal or is there a chance they are not bothering and to leave it?
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SchoolRunMum
post Wed, 10 Oct 2018 - 23:01
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You missed POPLA.

So you can't appeal now and will have to ignore them for 6 years & hope they don't sue. Luckily, Gemini are not especially litigious.

That's why POPLA was the easy/recommended route, not that we are saying to pay daft old Gemini who offer no service to consumers whatsoever and deserve no money. But you will be bombarded with letters and will have to tell Gemini if you move house, to be sure you get clear of it after 6 years without a sneaky late court claim to an old address which causes people grief later.

Come back if ever they try a small claim, as on here and on MSE we see wins in almost all cases by posters, no risk, no CCJ, no big deal.

Congrats on the new addition to the family! Far more important than aggressive bully boy companies after money for no service.

This post has been edited by SchoolRunMum: Wed, 10 Oct 2018 - 23:02
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chris101
post Thu, 11 Oct 2018 - 20:35
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QUOTE (SchoolRunMum @ Wed, 10 Oct 2018 - 23:01) *
You missed POPLA.

So you can't appeal now and will have to ignore them for 6 years & hope they don't sue. Luckily, Gemini are not especially litigious.

That's why POPLA was the easy/recommended route, not that we are saying to pay daft old Gemini who offer no service to consumers whatsoever and deserve no money. But you will be bombarded with letters and will have to tell Gemini if you move house, to be sure you get clear of it after 6 years without a sneaky late court claim to an old address which causes people grief later.

Come back if ever they try a small claim, as on here and on MSE we see wins in almost all cases by posters, no risk, no CCJ, no big deal.

Congrats on the new addition to the family! Far more important than aggressive bully boy companies after money for no service.


Thank you.
As the driver received the ticket but the actual keeper never got visibility of this ticket, as far as she could be aware, she never received the ticket.
The POLA was only received as the driver emailed from a generic email address but gave no details away apart from evidence of a ticket was obtained.
So in the event if the company do make contact, will there be ground to dispute that the keeper was never informed until that actual letter arrives?
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SchoolRunMum
post Thu, 11 Oct 2018 - 20:40
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Are you saying they emailed a rejection letter without knowing who it was from, or the appellant's postal address or connection with the data, showing photos of the car showing the VRN? And that they still don;t have the postal address?

They are seriously stupid. The keeper can't be held liable if the PPC do not obtain the DVLA data and then send a fully compliant Notice to Keeper, that MUST arrive by day 57 counting from the parking event day. You are probably past that already.

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chris101
post Fri, 12 Oct 2018 - 16:23
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Correct, I emailed them simply providing the parking ticket and appealing it against it without giving any details to who I was, who was the driver etc
They responded back rejecting the appeal but still have no idea who the email was from in relation to the parking ticket.

No letters have been sent to our lease company and we advised the lease company to inform us of any tickets if they ever received any.
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