clarification re NTK 30 December 2016 at 7:12PM edited 16 February 2017 at 10:06PM in Parking Tickets, Fines & Parking 47 replies 4K views

badger2016

Hi, Newbie here!
I got a PCN from Gemini I don't agree with...
I initially intended to just ignore it after reading older posts but have read more recent advice here not to - why is that please?
I read on the sticky that I need to appeal after day 26 & if I haven't had a NTK by day 56 that's pretty much a guaranteed win with POPLA..?
1) If I appeal after day 26, is that not reminding them to send a NTK?
2) if I appeal after day 26 and they decline my appeal - is their reply declining effectively a NTK??
3) if I wait til day 56 and then write to Gemini saying I haven't had a NTK is that suffice for grounds for successful appeal?

Please excuse my ignorance and if I'm misunderstanding...
Thanks in advance for your help

Coupon-mad

If I appeal after day 26, is that not reminding them to send a NTK?

Nope, the opposite.

if I appeal after day 26 and they decline my appeal - is their reply declining effectively a NTK??

No. That's a different notice.

if I wait til day 56 and then write to Gemini saying I haven't had a NTK is that suffice for grounds for successful appeal?

If you sit and wait, you WILL be sent a NTK. The idea of appealing at day 26 interrupts their documents, to make them omit it.

Just do as advised in the NEWBIES thread and come back at POPLA stage, having searched the forum for 'Gemini POPLA'. Is it a NHS one? We've won loads of them and have never lost v Gemini.

badger2016

Thanks - I'll appeal on Day 23 then... does it need to be with them then, or sent to them then?
Yes it is a NHS one. Who's "we"? the forum?
Under what grounds have they been won?
Thanks!

badger2016

Also, what constitutes appropriate signage??

Coupon-mad

We does mean 'us' the team of volunteer regular posters here.

Signs have to be clear and plentiful and legible, with the parking charge itself (£100 or whatever) in large lettering, not hidden in a wall of words.

You can read how cases have been won - search the forum for 'Gemini POPLA Hospital' and you will find some wins from 2016.

badger2016

Thank u CM

badger2016

I just completely forgot to pay so I guess I don't really have a case; my mind was elsewhere.. but I can't afford the fine. If it was £20 I'd just pay it. :-/

Coupon-mad

badger2016 wrote: »

I just completely forgot to pay so I guess I don't really have a case

Please start reading the forum! You have a case.

badger2016

Ok... thanks, have been reading up...
Not sure what to put in an appeal though! I know there's the templates... but the only thing I hope to be on my side is faling to send a NTK

Coupon-mad

I say again, read other cases to see:

Coupon-mad wrote: »

You can read how cases have been won - search the forum for 'Gemini POPLA Hospital' and you will find some wins from 2016.

Redx

the template is all you need to send them around day 25

the grounds for your "case" for popla are plentiful and if you study any one of the hundreds of popla appeals on here over the last 6 to 12 months you would know what those legal grounds are

in simple terms

NO LANDOWNER CONTRACT
POFA 2012 NOT COMPLIED WITH
KEEPER NOT LIABLE AS POFA HAS NOT BEENB COMPLIED WITH
NTK ERRORS or NO NTK ISSUED AT ALL
POOR AND INADEQUATE SIGNAGE THAT FAILS THE BPA CoP
Consumer contract failures under the CRA2015

to name but a few

you asked about signage , did you READ the BPA CoP

the more you read , the more you learn , the more you understand that you have a "case"