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Received pcn on windscreen gemini
Don_elf
post Tue, 18 Sep 2018 - 15:44
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Hi guys,

I received a PCN whilst parked in a land owned by a leisure centre.

I forgot to put my blue badge when I arrived at the leisure centre 9am, but realised as soon I was in the leisure centre 9:05am.

Thus I sent my son to display the blue badge, to my amazement they had already issued a ticket.

Straight after I used the leisure centre I wrote an appeal stating the above and they responded yesterday saying it has been rejected.

They have provided me with a POPLA code.

Is there anything else I can do? Any help is much appreciated

This post has been edited by Don_elf: Tue, 18 Sep 2018 - 15:45
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post Tue, 18 Sep 2018 - 15:44
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SchoolRunMum
post Fri, 19 Oct 2018 - 12:33
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Hmmmm...not great, and don't agree to actually pay anything in case you win at POPLA in which case it's zero.

Tell him you will think about it and do NOT be told it's a timebound decision 'open only for a day' etc. (screams scam of course).

We wouldn't pay a penny, by the way. Hope you realise that paying £30 is not considered an option by any of us posting here.

POPLA outcome FIRST.

So you need to submit your comments on all the flaws.

This post has been edited by SchoolRunMum: Fri, 19 Oct 2018 - 12:34
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Don_elf
post Sat, 20 Oct 2018 - 09:50
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Do I have to provide drivers details by law?
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ostell
post Sat, 20 Oct 2018 - 10:01
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Absolutely NOT !!!


Have you had the letter asking for driver's details? (usually a good sign)
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Don_elf
post Sat, 20 Oct 2018 - 14:01
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Nope no letter, but it was asked by Gemini when they sent their evidence and reply to my appeal to POPLA.

So basically wait for that letter through the post?
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ostell
post Sat, 20 Oct 2018 - 16:41
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You should be responding to the evidence that the Gemini have sent to POPLA, basically refuting every statement they make. If you don't refute i POPLA take it that you accept.

Perhaps post up what Gemini have told POPLA.
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Don_elf
post Sat, 20 Oct 2018 - 17:21
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I posted what gemini have written on page 2.

Any help will be much appreciated.

Regards

This post has been edited by Don_elf: Sat, 20 Oct 2018 - 17:23
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SchoolRunMum
post Sat, 20 Oct 2018 - 18:07
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We will help when you show US your draft comments.

If you want some idea of what that looks like, Google search POPLA comments and click on recent posts from here and MSE forum.
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Don_elf
post Sat, 20 Oct 2018 - 18:49
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Will do thanks

After reading the reply from Gemini parking limited incoherent response, they have admitted that they have NOT sent a compliant Notice to Keeper. As such, the Keeper cannot be held liable as established under Protection of Freedoms Act 2012;

The claimant does not dispute that their signage is ambiguous, and they accept this point. As such, the consumer rights act requires that POPLA rules the most favourable interpretation to the appellant, and this is that there is no parking charge for disabled motorist, as this is the most favourable meaning of the term “concession “
Not only is the signage ambiguous the operator is attempting to mislead POPLA with the vast array of signage they have at their disposal.
One of the photos supplied by Gemini with their response to my appeal as a registered keeper contains a sign that says
“… all vehicles must clearly display a valid ticket or permit”.
Then in their evidence pack sent to POPLA one of the photos that looks like it is professionally enhanced with a prominent software package like photoshop.
“… all vehicles must clearly display a valid ticket, permit or scratchcard ”.
There are no details on any sign as to which scratch card it has to be – would any scratch card be sufficient there? ambiguous and offer no details as to which scratch card is required.
In the evidence pack it states “The driver must had read the signage to advise of the tariff’s and blue badge restrictions before they decided to leave their vehicle”. The keeper did realise that there were disability concessions on site only realising that maybe you have to provide the Blue Badge after getting asked by staff in reception, but they didn’t.

This is what I have so far

This post has been edited by Don_elf: Sat, 20 Oct 2018 - 22:11
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SchoolRunMum
post Sat, 20 Oct 2018 - 22:04
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QUOTE
I realised when I went to the pool that I didn’t give the Blue badge to be displayed on the vehicle.


Doesn't this imply who was driving (by POPLA simplistic standards) and totally RUIN the entire argument that you are the keeper and there was no compliant NTK.
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Don_elf
post Sat, 20 Oct 2018 - 22:11
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Thanks school run mum updated
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Don_elf
post Sun, 21 Oct 2018 - 21:41
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I take it its OK to send as is?
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SchoolRunMum
post Sun, 21 Oct 2018 - 23:02
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No. This doesn't make much sense but STILL puts the keeper as the person at Reception! Stop trying to say this, remove it:

QUOTE
The keeper did realise that there were disability concessions on site only realising that maybe you have to provide the Blue Badge after getting asked by staff in reception, but they didn’t.

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Don_elf
post Mon, 22 Oct 2018 - 01:19
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After reading the reply from Gemini parking limited incoherent response, they have admitted that they have NOT sent a compliant Notice to Keeper. As such, the Keeper cannot be held liable as established under Protection of Freedoms Act 2012;

The claimant does not dispute that their signage is ambiguous, and they accept this point. As such, the consumer rights act requires that POPLA rules the most favourable interpretation to the appellant, and this is that there is no parking charge for disabled motorist, as this is the most favourable meaning of the term “concession “
Not only is the signage ambiguous the operator is attempting to mislead POPLA with the vast array of signage they have at their disposal.
One of the photos supplied by Gemini with their response to my appeal as a registered keeper contains a sign that says
“… all vehicles must clearly display a valid ticket or permit”.
Then in their evidence pack sent to POPLA one of the photos that looks like it is professionally enhanced with a prominent software package like photoshop.
“… all vehicles must clearly display a valid ticket, permit or scratchcard ”.
There are no details on any sign as to which scratch card it has to be – would any scratch card be sufficient there? ambiguous and offer no details as to which scratch card is required.

Done, anything else that can be pointed out?

Thanks school run mum
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nosferatu1001
post Mon, 22 Oct 2018 - 11:44
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"After reading the reply from Gemini parking limited incoherent response,"
isnt coherent itself!

"After reading the incoherent reply from the Operator.."

Dont give their name. Theyre the operator.

Use bullet points to seperate your comment.
1) The claiamnt does not...
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Don_elf
post Mon, 22 Oct 2018 - 22:41
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After reading the incoherent reply from the operator,

1)The operator have admitted that they have NOT sent a compliant Notice to Keeper. As such, the Keeper cannot be held liable as established under Protection of Freedoms Act 2012;

2)The claimant does not dispute that their signage is ambiguous, and they accept this point. As such, the consumer rights act requires that POPLA rules the most favourable interpretation to the appellant, and this is that there is no parking charge for disabled motorist, as this is the most favourable meaning of the term “concession “

3) The operator is attempting to mislead POPLA with the vast array of signage they have at their disposal. One of the photos supplied by Gemini with their response to my appeal contains a sign that says “… all vehicles must clearly display a valid ticket or permit”.
Then in their evidence pack sent to POPLA one of the photos that looks like it is professionally enhanced with a prominent software package like photoshop states,
“… all vehicles must clearly display a valid ticket, permit or scratchcard ”.
There are no details on any sign as to which scratch card it has to be – would any scratch card be sufficient there? This is ambiguous and offer no details as to which scratch card is required


Thanks for that nosferatu1001 updated.

Anything else before I send the above?
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SchoolRunMum
post Mon, 22 Oct 2018 - 22:57
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Yes submit that on the POPLA portal. I would not mention Keith Griffiths/the contract.
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Don_elf
post Mon, 22 Oct 2018 - 23:35
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I got an email from Keith this morning actually saying if there isn't a positive response from POPLA to contact him and he'll have a word with Gemini.

And I didn't mention Keith Griffiths or the contract anywhere
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Don_elf
post Tue, 23 Oct 2018 - 15:21
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Sent the comments, wish me luck
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