GEMINI Parking Solutions

Umkomaas

luke123456 wrote: »

Thanks! I couldn't have done it without the support from you guys here and especially Coupon-mad!

I am still awaiting a response to the second invoice.
I am worried that POPLA did not cancel it on the basis of discrimination against the disabled driver, so I am hoping the second invoice will be cancelled on the poor signage point if not the discrimination issue....

I don't think we've ever seen an EA2010 issue feature in a POPLA decision - old or new POPLA. In fact old POPLA stated that they would not deal with it.

But given some of the bizarre decisions coming out of new POPLA, you never know!

luke123456

I see....

I just hope the next adjudicator cancels the second invoice for the same reason as my appeal was pretty much identical....

luke123456

Just wondering, if the second invoice is not cancelled, can I write to POPLA and say that one was cancelled and the other was not even though the appeal was identical...?

Coupon-mad

Yes you can ask for consistency but run the risk of the first decision being changed the wrong way to match the refusal (we saw that in a POPLA case on here or on pepipoo this year!).

luke123456

Ok, fingers crossed! I hope the second one will be cancelled too. Thanks C-M for your help!

luke123456

UPDATE: SECOND INVOICE- APPEAL SUCCESSFUL!!

Because the other side did not send their comments in response to my appeal (I totally forgot that they didn't do this and I assumed that they did but looking back it seems they didn't....I forgot this myself!)


Decision Successful
Assessor Name Siobhan Gooley
Assessor summary of operator case
The operator has not provided a response to the appeal.

Assessor summary of your case
The appellant’s case is that the provisions of the Equality Act 2010 and Protection of Freedoms Act 2012 have not been complied with. He also states that the operator does not have authority to carry out parking management, that the signage is not clear, that the terms are unreasonable and unfair, and that there is no genuine pre-estimate of loss.

Assessor supporting rational for decision
The burden of proof lies with the operator to demonstrate that it has issued the Parking Charge Notice correctly. As the operator has not provided a response to the appeal, it has not demonstrated that the Parking Charge Notice was issued correctly. Accordingly, I must allow the appeal.

Coupon-mad

Nice result! Thanks for the update about your successes.

deannahupp369

I read your statement clearly. But I can't understand that.