Gemini Parking Ticket

Coupon-mad

Oh good.

So all you did a little bit wrong, was appealing too early which means when you appeal to POPLA, you will not yet have got safely past day 56 which is the period by which they have to serve a Notice to Keeper by post. That's why we always say wait till day 26.

Not a problem.

See the 3rd post of the NEWBIES thread for template POPLA wording, and start with the standard one (usually used for UKPC cases) that the PPC has failed to send a Notice to Keeper and even if they do apply and get the rk's details now, they still can't hold you liable because whilst you were the 'keeper' (POFA definition) of the car in a group that day, you aren't in fact the rk, and nor has the driver in the party been admitted.

Where the templates have the words 'registered keeper' in your case just shorten it to 'keeper'.

chris1012

Thank you for guiding me through this.
I have just checked the template and it states the following -

'Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.'

When I appealed, they responded with images already so do I still need to send this?
The images that they sent was of bad quality and they providing one with the signage which was hardly readable due to the bad quality of it.

Coupon-mad

I have just checked the template and it states the following -

'Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.'

Why are you looking at 'the first appeal template', when you're at POPLA stage?

I told you where the POPLA templates are:

See the 3rd post of the NEWBIES thread for template POPLA wording,

chris1012

Coupon-mad wrote: »

Why are you looking at 'the first appeal template', when you're at POPLA stage?

I told you where the POPLA templates are:

Apologies, had a long day and clearly not following instructions correctly...

chris1012

When the keeper writes to POPLA, do they need to wait a certain time frame prior to sending the appeal?

The first point in the template states -
'1. The Notice to Keeper is not compliant with the POFA 2012 – no keeper liability.
To date I have not been issued a Notice to Keeper (NTK) by UKPC. As a notice to driver was provided on the vehicle, an NTK is required to be issued no sooner than 28 days after, or no later than 56 days after the service of that notice. This stipulation is laid out in Schedule 4 of the Protection of Freedoms Act 2012 (PoFA).'

If we send the appeal this weekend, it still would not have reached 28day or does it not matter as they have already issues a POPLA to me (not the keeper/hirer) which I also need to state in the template?

Coupon-mad

My previous reply already answered that:

So all you did a little bit wrong, was appealing too early which means when you appeal to POPLA, you will not yet have got safely past day 56 which is the period by which they have to serve a Notice to Keeper by post. That's why we always say wait till day 26.

...and even if they do apply and get the rk's details now, they still can't hold you liable because whilst you were the 'keeper' (POFA definition) of the car in a group that day, you aren't in fact the rk, and nor has the driver in the party been admitted.

chris1012

Good Evening,

Due to a new addition to the family, my wife and I totally forgot to appeal via POPLA.
It has been 7 weeks and no letter received from the parking company.

Should we still appeal or is there a chance they are not bothering and to leave it?

Umkomaas

A POPLA code lasts for around 32 days after issue. If you're well past that point, the ship has sailed and you no longer have any control of the situation- you now need to see what Gemini do next, and respond if necessary.

Umkomaas

You're wasting your time. If you've missed the POPLA appeal date, you've no appeal avenue left open to you.

Can she not play dumb and say she never saw the ticket and never had any contact made about it until and if Germini ever make contact

If by 'play dumb' you mean 'lie', then you're more likely to make a royal hash of this, and find yourself in a bigger mess. I don't think you'll get any regulars here aiding and abetting you in perpetrating anything less than the whole truth.

We are way, far and above the antics of the private parking industry.