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clarification re NTK

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badger2016
badger2016 Posts: 65 Forumite
Third Anniversary
edited 16 February 2017 at 10:06PM in Parking tickets, fines & parking
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
«1345

Comments

  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 December 2016 at 10:37PM
    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.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • 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!
  • Also, what constitutes appropriate signage??
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank u CM :)
  • 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
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • 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
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    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"
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