Gemini Parking - POPLA Appeal

ParkingBabe

Hi,

I have parked in a leisure centre that has parking operated by Gemini Parking Solution. I have got 2 Parking Charge notice for 2 consecutive weeks for staying in car park but not paying. I challenged it using standard template from FAQ but it has not been accepted by Gemini and they have not accepted my appeal and gave me POPLA reference number. They have sent me couple of pictures of car driving through the leisure centre with time stamp showing I stayed more than 10 mins in the car park without paying.
I have not named any driver in my appeal.

The appeal rejection letter reads as below:
**************************************************************************************************************************************************************************************************************

Dear Mrs - Register Keeper Name

Re: Parking Charge Notice Number XXXX (Vehicle: ZZ811ZZ)

Site: XXXX Leisure Centre

Issue date: 0Z/0A/2022

POPLA Code: AAAAAAAAAA

You recently contacted us to appeal the Parking Charge Notice (PCN) BBBBBBBBBB that was issued to the above vehicle

registration on 0Z/0A/2022 at XXXX Leisure Centre. This PCN was issued because the vehicle broke the

following parking regulation: Failure to Pay for Duration of Stay.

After reviewing your appeal, we understand your genuine comments, however on the date of contravention

the vehicle in question failed to pay for the duration of stay. The terms and conditions of the above location

requires all motorists to make a valid payment. We can confirm that there are clearly displayed signs located

throughout the car park.

Having considered all grounds for the appeal you will understand that sadly we are unable to accept your appeal. You have

now reached the end of our internal appeals procedure and therefore you now have two options: You can pay the total amount

due or you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) within 28 days using

the POPLA Reference code provided. Should you wish to make a second appeal, this can be done through POPLA – the

independent appeals service – at www.popla.co.uk.

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative

dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in

their alternative dispute resolution service. As such should you wish to further appeal then you must do so to POPLA, as

outlined here. Your POPLA verification code is: AAAAAAAAA .

Should POPLA’s decision not go in your favour, you will then be required to pay the full amount of £100.00. When parking on

private land, the motorist agrees to abide by any clearly displayed conditions of parking in return for permission to park. This

location is private property and is managed by Gemini Parking Solutions London Ltd on behalf of the land owner.

Gemini Parking Solutions fully complies with the guidelines set by the British Parking Association. Please note that

photographic evidence is taken with every PCN that is issued.

Regrettably payments made after this period will be for the full amount of £100.00. Failure to pay the amount may result in

further costs being incurred and may also result in Gemini Parking Solutions Ltd, reluctantly instructing a Debt Collection

agency to collect any sum due. Please make Cheques / Postal Orders payable to: Gemini Parking Solutions London Ltd Send

Cheques / Postal Orders to: Payments Department, PO Box 2525, Buckhurst Hill, Essex IG8 1HR. Please write your Name,

Address and Parking Charge Notice Number (PCN) on the rear of all cheques and postal orders. When making payment by

post we recommend using the Royal Mail’s ‘Recorded – Signed For’ or ‘Special Delivery’ services. Cash should not be sent

through the post.

Yours sincerely,

Appeals Department

**************************************************************************************************************************************************************************************************************

Could anyone please guide me on how should I appeal to POPLA and what should I write to them? What grounds do I have for POPLA appeal?

Thanks.

Fruitcake

Was there a particular reason why the driver didn't pay? Did they drive through and not park, or were prevented from paying because of a faulty PDT machine, or was this a double dip, or was there some other legitimate reason why payment wasn't made?

What happened when the keeper complained to the landowner?

The third post of the NEWBIES has links to a number of template PoPLA appeal points including, but not limited to, not the landowner, no standing to issue charges, non PoFA compliant NTK, inadequate signage, BPA CoP failures.

ParkingBabe

The driver used to drop kids for swimming after 5:30 PM and wait in the parking. This happened every week and there was no ticket ever probably because the parking was free after 5:30 PM. Recently the kids swimming time changed to afternoon but the driver did not realise that the cameras are noting entry and exit time and waiting in the car does not mean you do not have to pay for parking. Suddenly, there were 2 tickets back to back. When complained to leisure centre, they said that the parking cameras have always been operational and you may be lucky if you did not get ticket in past. It was a genuine mistake.
Which template do you think we can use in this case and do you see any chance of winning the POPLA appeal?

Fruitcake

Perhaps the signage is/was inadequate and there were no signs bringing the Ts and Cs to the attention of the driver, (or perhaps the driver didn't go and look at the signs, which they always should).
Get photos of the site and signage in readiness.

The keeper should use all the points available to them. It is up to the PPC to disprove every point. Note that PoPLA codes last 32 days, but the keeper must not miss the appeal deadline.
They should check if the NTK is or is not capable of holding the keeper liable for the charge by comparing said NTK with the requirements of Schedule 4 of the PoFA 2012. They need to check that the NTK arrived in time, and that it contains the mandatory wording required to hold a keeper liable.

Post your draft appeal here before submitting it to PoPLA.

fisherjim

"....the driver did not realise that the cameras are noting entry and exit time and waiting in the car does not mean you do not have to pay for parking"

Herein lies the problem drivers making assumptions that don't stack up and is exactly why these scammers rub their hands.That defence will get nowhere I'm afraid!

"....the driver did not realise that the cameras are noting entry and exit"

That may be an indication that signage was deficient as Fruitcake says you should follow his advice.

piotrrrek

Hi,  Happy new year. Please advise how you get on. There are threads iro Gemini parking solutions mentioning not to bother. Await responses,