Gemini Parking Popla stage

Spine

Hopefully this is enough and it seems within the 2000 character limit.

Spine wrote: »

Gemini Evidence Response:

Operator summary incorrectly quoted site regulations for a “hospital” but is in fact a sport centre.

1) (i) Case summary contradictory:
– the wording quoted bears no resemblance to the original NTK PCN dated 26th March 2019 (00287419- PCN COPY uploaded by operator).
Eg ( ..28 days..vs.. 29 days)
Irrelevant overdue parking charge letter uploaded by the operator (00287419- NTK).

(ii) The actual wording in the NTK PCN is non POFA compliant and wrong (demonstrated by keeper evidence submitted) - Gemini has failed to address in case summary.
There is no mention of POFA 2012 nor the wording required by statute or what basis the operator is relying on to pass liability to the keeper.

2) (i) Site Images and photographic evidence
- None of the photos demonstrate proximity of any visible sign near where the vehicle was parked on that date (re: original NTK/PCN)

- Additional photos:
-taken from various different/isolated locations of the site not relevant to where vehicle was parked
-taken at a much later date, in very different conditions (1 mth later and off-peak)
-cropped isolated close up photos of the signs with no date stamp does not indicate they were displayed at the location.

(iii) Site Map Misleading
- solid blobs over aerial photo does not prove signs exist there
- No signs visible even zoomed in – contradicts all the photos submitted by operator.
- Fails to illustrate the location of the vehicle was parked to where signs are

3) Close up isolated photos/images of three different types of signs - itself not compliance.
- no evidence of any signs at any entrances to the parking area.
- photos show they are sporadically placed, obscured and hidden in some areas.

4) Land owner authority document authenticity questionable:
- page 3 added on - different quality/resolution
- paragraphs blotted out in black.
- Witness statement signed 2 years after contract - does not state position nor capacity

Not addressed points:
- not relevant land
- grace period

Coupon-mad

Yes that covers it. POPLA are not very good these days though, so who knows!

Spine

Thanks CM - yes I have read cases with Gemini allowed despite non POFA compliance.
Hence, am a bit worried even with Gemini case evidence riddled with errors here.

They have blatantly cut pasted old wordings from templates and did bother to change anything.

But as you say it a bit of a pot luck with the assessor...:undecided

Spine

Just a quick update - just received decision from popla and the appeal has been allowed:T


The decision was based on inadequate evidence of signage on the date (3rd appeal point) - surprisingly did not take into account of first point ie. non POFA which was clearly non-compliant. I suppose the operator concentrated on the signs as they upload lots of photos (even though not relevant where the car was parked) and popla focused on that part.



Many thanks to all the help from this forum especially to CM!:beer:

Coupon-mad

Yay, good result! Please update the POPLA DECISIONS sticky with the full decision (but when you copy the words please add about 10 paragraph breaks before pasting it, so we can read the decision there).

And add a link to this thread for others to read, and state which PPC you beat!

:T

APM1984

Hi All,

Has anyone had any trouble at Truro Leisure Centre?

I recently drove in, but neglected to put my registration in at reception to say that I was parked there for the Leisure Centre. I have now been issued with a Parking Charge Notice from Gemini Parking requesting £100. Is there a way out of this at all? I don't want to pay if I don't have to, seeing as I was legitimately using the Centre facilities at the time.

Any advice is appreciated.

Redx

get the Leisure Centre to cancel it

read the NEWBIES FAQ sticky thread near the top of the forum

1st task is get a landowner cancellation

next one is appeal using the blue text template as keeper to Gemini

third one would be a popla appeal if a popla code is given

no blabbing about who was driving, not to anyone

start your own thread using the NEW THREAD button if you require further bespoke help