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gemini parking solutions fine £100 at Chase Farm Hospital
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that could make for an interesting appeal ........ could POPLA possibly not allow an appeal when it has all ready been successful
Ralph:cool:
Look, a pig in a flying helmet and goggles! (None meant.)I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
that could make for an interesting appeal ........ could POPLA possibly not allow an appeal when it has all ready been successful
Ralph:cool:
Look, a pig in a flying helmet and goggles! (None meant.)
They recently allowed an appeal when the car never left the highway. *sigh*I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Post 44 of this thread has photographs of the hospital site.
http://forums.moneysavingexpert.com/showthread.php?t=5388267&highlight=chase+farm+hospital&page=3I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Dear MSE,
Writing an appeal. Would you evaluate it for me please.
The £100 charge imposed for the non-payment of a ticket is totally extortionate. The operator has incurred no such loss:
1) parking bays are not full at the time of day in question, so this parked vehicle would not be depriving another vehicle of parking space.
Gemini Solutions cannot demonstrate any such loss. The B.P.A. code of practice requires a charge for the breach to be based on a genuine pre-estimate of the loss.
2) Gemini Parking Solutions does not own the land, and has no legal right to enter into a contract with the driver of the vehicle or allege a breach of contract in its own name as a creditor. The B.P.A. code of practice requires the operator to pursue parking charges in its own name as creditor.
3) The signs at the entrance to the car-park are not clear enough for the driver to see on the entrance to the car-park. Please see attached file. There is no clearly visible reference to the penalty to be imposed for non-compliance.
4) The signs are placed at a point where the driver has to negotiate a narrow 90 degrees turn which demands his/her total attention
5) Visitors familiar with the site will know that when it was the local N.H.S. hospital, bars were placed across the entrance and exit to the car-park. Entry was only possible by pressing for a ticket, which would release the bar. The pay machine was situated inside the hospital opposite the car-park entrance. With the absence of the control bar, a visitor to what has become a bewildering complex, in a state of demolition and rebuilding, may consider (as in this case) that the normal paying operations of the car-park itself had been suspended. Failure to pay is not always (as in this case) a blithe disregard of required parking charges.0 -
@OP - have you read this thread. A winning POPLA appeal is included in it for you to base yours on.
http://forums.moneysavingexpert.com/showthread.php?t=5459512&highlight=chase+farm
As suggested by Umkomaas, read post #25. After you have adapted it to cover your circumstances (if different) you must proof read it thoroughly so all the info is correct.
Umkomaas also gave you a link to the signs.
When does your POPLA appeal have to be in?0 -
Gemini Solutions cannot demonstrate any such loss. The B.P.A. code of practice requires a charge for the breach to be based on a genuine pre-estimate of the loss.
Did you read any of the links I gave you? Your attempt above seems to include none of ready made appeal points shown in them.
Your appeal as it stands WILL LOSE AT POPLA.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 Street0 -
Listen to the others, that is not a winning POPLA appeal. That WILL lose.
You must have read really old examples from 2015. Instead, read the NEWBIES thread post #3 about POPLA and see some recent ones, including the template appeal points that can win. Umkomaas showed you and you've ignored all of it?!
Show us a far longer draft, copying from the template POPLA appeal points shown in the sticky threads.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you guys.
Looks like you have to bore the balls off a buffalo to win these cases. Pity my Uncle Charlie isn't still around - he was worse than a night in Russia.0 -
Ukomaas showed you a winning Gemini Hospital POPLA appeal in his post #9 above. Yes you do have to waffle on but look, a POPLA appeal can now be thrown together from templates, takes minutes to achieve a basic one:
http://forums.moneysavingexpert.com/showthread.php?t=5529547
That poster just used the most commonly-relevant four template points already written in post #3 of the NEWBIES thread. Yours will be slightly different in point #1 because I think yours was not a windscreen PCN so you did get a NTK in the post. Your point #1 simply needs to show how that NTK was not compliant with para 9 of Schedule 4 (sounds harder than it actually is, para 9 is just bullet points).
It's a game of spot the difference between 'para 9' wording and your NTK. If you want help with that little game, show the front page of the NTK here with your VRN and name/address covered. All dates showing, all wording showing.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you, guys, but have failed.
Miscounted my 28 days, as there are 31 days in October and I needed to have my appeal in yesterday.
Can't whizz around on the computer to throw together things at the speed you do. So even the £100 I would have saved weren't worth the man-hours I've put into this having to write stuff out before trying to work it into my situation.
I just want to say I really appreciate your care in rescuing people form these extortionate charges, and do hope you have many successes.0
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