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Gemini Parking At Walthamstow Feel Good Centre
525-joe
post Mon, 6 Aug 2018 - 16:19
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On behalf of a friend who is the registered keeper of this vehicle.


The driver of the vehicle had parked in the car park of Walthamstow Feel Good Centre. Due to a crying child the driver forgot to buy a pay & display ticket and proceeded inside for a soft-play session (for which the receipt is still available).

Upon returning, the driver found the attached ticket on the windscreen of the car. So my question on behalf of the RK is, on what grounds could an appeal be made?

I have read some similar forums on here stating that the ticket does not act as a NTK therefore am I correct in assuming that an appeal should be made around day 25 and hope that they forget to send a NTK before 56 days? If so, just leads back to my question about grounds for appeal.

Any advice appreciated please as I haven't yet dealt with private windscreen tickets before.

Thanks!

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post Mon, 6 Aug 2018 - 16:19
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525-joe
post Mon, 6 Aug 2018 - 16:31
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This is the only signage upon entering the car park according to Google (I will have a whizz around later and see if this has changed).

https://www.google.co.uk/maps/@51.5940995,-...3312!8i6656

An example scenario - if the driver parked in bay 55 or 56 then the driver would not have seen any other pay & display sign from the walk from the car to the centre. I'm not too sure about correct signage but thought I'll include this info for anyone to comment on.


This post has been edited by 525-joe: Thu, 9 Aug 2018 - 09:09
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525-joe
post Thu, 9 Aug 2018 - 09:10
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Anyone have any advice? The RK has a week left to pay the discount if there's no justification for an appeal..
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Jlc
post Thu, 9 Aug 2018 - 09:19
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There's no appeal they will accept - so the lack of keeper liability by appealing before they access the DVLA (as the keeper) is one avenue as you note. There's lack of clear signage and that the amount requested is disproportionate. I doubt the soft-play place can assist but might be worth a try?

They are BPA, so POPLA will uphold a lack of keeper liability appeal.

They are quite litigious of late...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Thu, 9 Aug 2018 - 10:40
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Yep, lack of keeper liability will win 100% at POPLA.
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525-joe
post Fri, 10 Aug 2018 - 09:42
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QUOTE (nosferatu1001 @ Thu, 9 Aug 2018 - 11:40) *
Yep, lack of keeper liability will win 100% at POPLA.


But will there be a lack of keeper liability or is that something that we have to wait and see? With the risk of having to pay the full amount...

If there's a 50/50 chance, the RK may be inclined to pay the discount but if the odds are much more favourable then may be worth appealing...
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nosferatu1001
post Fri, 10 Aug 2018 - 10:02
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1) Losing at POPLA doesnt mean you pay. Its only Gemini
2) Pretty sure Gemini dont manage keeper liability when they do access the DVLA

NOONE here is saying pay.
Do what you want, but if youre going to ask for help t o fight - fight. Dont roll over scared of a company like Gemini!
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