Appealed within 14 days - can I still hold out now?

sarh333

Hello - thanks for all the great advice on here - unfortunately I've found this too late. I got a £60 fine from Gemini parking at a leisure centre - I paid for a ticket but my 6 year old put it in the windscreen wrong side up. I appealed explaining this with a scan of the ticket, but my appeal has been rejected.

Now I've admitted I didn't display the ticket correctly should I just pay - or is it worth going to Popla?

Many Thanks in advance, Sarah

Redx

as there has been no loss to the company and they should ideally print both sides of the ticket to prevent these issues from arising (not fit for purpose) , then I would go to POPLA and appeal to them

you can find popla appeal examples in post #3 of the NEWBIES sticky thread , which contain the legal arguments you need

you should also be complaining to the gym and landholder and DEMAND a cancellation

Umkomaas

Definitely go to POPLA - but don't miss their deadline date.

Agree entirely with Redx's advice above.

Horizon are essentially litigiously benign. Over 100,000 tickets issued in the last couple of years +, only 13 tickets pursued through the small claims court.

http://www.bmpa.eu/companydata/Horizon_Parking.html

Get your calculator out and work out the odds of you being the subject of their next court foray!

sarh333

Thank you, I'll start the appeal now :-) - do Horizon Parking own Gemini, or 2 different companies?

sarh333

Hi again - Just reading the POPLA decisions - I'm feeling less positive when I read refusals from people who've shown the attendant their purchased ticket that had fallen down the dashboard ...

What argument should I focus on - the unreasonable and punitive? The letter from Gemini shows the parking signs circled, but not close up so I don't know if they state that the charge is £100 or not.... But I've already admitted that I knew I had to display a ticket and didn't correctly.. this is all fun and games! I've written to the leisure centre manager and copied in the MD and Ops director.. Many of the POPLA letters include the arguments which I don't think I can now use - if anyone has a more relevant link I would appreciate it!

Redx

there is no better link that post #3 of the NEWBIES sticky thread

you would use legal arguments such as the following

NO CONTRACT
NTK ISSUES
POOR AND INADEQUATE SIGNAGE THAT FAILS THE bpa cOp
ANY OTHER BPA CoP FAILURES
NOT THE SAME AS THE BEAVIS CASE
A CLEAR PENALTY AS A TICKET WAS PURCHASED
TICKETS NOT FIT FOR PURPOSE

unreasonable no longer works since the BEAVIS case 18 months ago

there may be other legal aruments you can use for POPLA

if it ever did go to court , the above would be used plus any other defence arguments , where the purchase of a valid ticket can also be used in your favour

sarh333

Thanks both - an update - I emailed the manager of the leisure centre and copied in the CEO and Ops director - took a bit of searching to get their email addresses - I now have an extremely helpful man from Better who is going to talk to Gemini to get it cancelled. I'll let you know if successful. The leisure centre had told me they couldn't do anything as it wasn't anything to do with them - important to copy in the CEO

Fruitcake

sarh333 wrote: »

Thanks both - an update - I emailed the manager of the leisure centre and copied in the CEO and Ops director - took a bit of searching to get their email addresses - I now have an extremely helpful man from Better who is going to talk to Gemini to get it cancelled. I'll let you know if successful. The leisure centre had told me they couldn't do anything as it wasn't anything to do with them - important to copy in the CEO

Don't miss the PoPLA appeal deadline if the gym don't cancel in time.