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Gemini Hospital parking at POPLA appeal stage

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  • 1505grandad
    1505grandad Posts: 3,814 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Para 3 - signage - in the newbies sticky there is a template for POPLA which is very long. Suggest you copy & paste and adapt for your appeal.
  • Mjolnir7
    Mjolnir7 Posts: 15 Forumite
    edited 10 October 2019 at 4:01PM
    Para 3 - signage - in the newbies sticky there is a template for POPLA which is very long. Suggest you copy & paste and adapt for your appeal.


    I'll do that now, is it ok to leave the links in the template in the appeal document?
    (Ive also just noticed that para 3 should actually be para 2 and so on so I have updated/corrected that issue now.)
  • Le_Kirk
    Le_Kirk Posts: 24,660 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you leave links in a POPLA appeal, are you expecting the POPLA assessors to go chasing your links all over the internet? I would embed whatever it is you are wanting to say or show.
  • Mjolnir7
    Mjolnir7 Posts: 15 Forumite
    Le_Kirk wrote: »
    If you leave links in a POPLA appeal, are you expecting the POPLA assessors to go chasing your links all over the internet? I would embed whatever it is you are wanting to say or show.


    I've copied the images in to the document, but one of the links isn't an image but the transcript of the decision Vine v London Borough of Waltham case.

    Should I copy all of that text in?
  • Le_Kirk
    Le_Kirk Posts: 24,660 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Can you copy just enough of it to make your point?
  • Umkomaas
    Umkomaas Posts: 43,416 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    3. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
    This should be a natural follow-on to:
    1. Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA) due the wording used.
    ... so it needs promoting up the batting order.

    In your detailed appeal, you don't have a Section 2, so you need to renumber.
    Should I include the element about the keeper needing to get to an urgent appointment with an ill child in the grace period section, or should I include it elsewhere? Or simply leave it out?
    The best you could hope for is that POPLA ignore what you've said, but there's a real risk that they will see this as a tacit acceptance that the PPC might have some legitimate cause to have issued the PCN - that's all POPLA need to side with them. Leave it out is the safest option in my view.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Mjolnir7
    Mjolnir7 Posts: 15 Forumite
    Umkomaas wrote: »
    This should be a natural follow-on to:


    ... so it needs promoting up the batting order.

    In your detailed appeal, you don't have a Section 2, so you need to renumber.


    The best you could hope for is that POPLA ignore what you've said, but there's a real risk that they will see this as a tacit acceptance that the PPC might have some legitimate cause to have issued the PCN - that's all POPLA need to side with them. Leave it out is the safest option in my view.


    Noted and done - Thank you!
  • Mjolnir7
    Mjolnir7 Posts: 15 Forumite
    I've had a reply from PALS stating that they have spoke to the facilities manager and he is unwilling to intervene in parking cases.
  • Le_Kirk
    Le_Kirk Posts: 24,660 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Maybe you need to make the facilities manager (and the hospital trust) aware of THIS.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 11 October 2019 at 10:50AM
    Para 3 - signage - in the newbies sticky there is a template for POPLA which is very long. Suggest you copy & paste and adapt for your appeal.

    Yep you do need more in the signage section. But the 'adapt' bit is very important. Make the specific parking issue stand out.

    This bit was good anyway, but I've tried to make it a bit clearer:

    'On request, Gemini Parking had submitted some close-up photo of the vehicle in question. (Should that be 'a close up photo'? Or 'some close-up photos'?). They have also submitted an isolated close-up of a notice on an unspecified ticket machine.
    A recent visit confirmed that from the location in which the vehicle was parked, (illustrated by yellow circle), there were NO signs in view for the driver to see. On the day of the alleged infraction the car park was very full and the ticket machine (circled in blue) was entirely obscured by other vehicles. The ticket machine is also in the opposite direction to the path the driver would necessarily have taken while rushing into the hospital with a sick child.'

    Can you get images that illustrate the point that there were no signs visible from the parking space?

    Re. that last bit, I know that mitigating circumstances cut no ice with POPLA but no harm in a passing reference to the fact that people parking in hospital car parks are often in a hurry for very good reasons.
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