PCN appealed - then found MSE! Am I too late?

marcus_jarvey

Hi,
Wow there sure is a lot of info on this forum! Wish I'd read it FIRST!


I received a PCN from Gemini Parking solutions (BPA approved). My valid ticket had fallen off the dashboard. I immediately appealed and sent them a picture of the ticket naively thinking they would cancel the PCN. The ticket did not contain car specific info, did not have adhesive backing and machine was cash only (which I had to go and get cashback for)


In this appeal I gave my name and said I had received a ticket. They rejected appeal, but I do now have a POPLA reference.


Hindsight is a wonderful thing, and I now appreciate I should have gone about the appeal process differently due to the extensive member supplier info on this site.



I still feel the appeal rejection is unreasonable, but is any POPLA appeal likely to succeed?


Many thanks,


Some motorist

Umkomaas

Many POPLA appeals succeed, it just needs some research, a draft, a quick check-over by the forum, then send it off.

The NEWBIES FAQ sticky, post #3 is the place to start your research, followed by a read of the final few pages of the POPLA Decisions sticky (don't start at the beginning - it goes back as far as 2013) and read what kinds of appeals are winning. After that do a forum search on keywords Gemini POPLA and read any recent cases of theirs (I guess there won't be that many).

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

The_Deep

At the top of the page is a thread entitled "PoPLA Decisions". Read it and you will see how to write a successful appeal.

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Coupon-mad

In this appeal I gave my name and said I had received a ticket.

That doesn't mean you blabbed who was driving; it just puts you in the car as a witness. Unless you ticked 'driver' on the appeal page dropdown menu on Gemini's appeals page?

Did they just apply a windscreen PCN, and not send a postal Notice to Keeper?

marcus_jarvey

Thanks Coupon,


Bah, I hadn't even noticed the dropdown when I appealed on their portal- but I suspect I did put driver, not knowing the rules of the game


No NTK, just responding to the windscreen PCN the day it was issued - like most uninformed people would.



Have I not got a leg to stand on?


Thanks

Coupon-mad

Have I not got a leg to stand on?

https://forums.moneysavingexpert.com/discussion/comment/76443954#Comment_76443954

https://forums.moneysavingexpert.com/discussion/comment/76428024#Comment_76428024

Clearly you do a POPLA appeal like everyone else does an use 'no keeper liability' anyway as one of your points...maybe Gemini will give up due to the long POPLA appeal.

Please can people stop...saying...that...phrase... !