Hi Good News! Just received an email from POPLA stating that Gemini will are not contesting the appeal. Case closed. Many thanks for your help.

POPLA Appeal submitted, will keep you guys updated. Many thanks for your time and advice.

Should I also mention that there were no road markings, bays, etc to demarcate what was private land?

Good Afternoon I have prepared the following POPLA Appeal based on the advice on this thread and the POFA. Please let me know if this is correct or sufficient. Many thanks. Dear Sir/Madam The requirements of the Protection of Freedoms Act (POFA) were not satisfied by Gemini Parking Solutions’ Notice to Keeper dated 1st December 2016 in relation to Parking Charge [redacted] issued 30th October 2016, because they have failed to specify who the Creditor is and to create a Keeper liability as per the POFA, which specifies the following: Section 7.(2).(e) identify the creditor and specify how and to whom payment may be made; Section 7.(5).(b) any arrangements under which disputes or complaints (however described) may be referred by the driver to independent adjudication or arbitration. Section 9.(2).(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— Therefore I require strict proof of who was driving at the time as Gemini Parking Solutions have not answered this point in their letter rejecting the initial appeal dated December 2016. Also, there has been no breach of contract as the signage is prohibitive in nature, therefore it cannot be said that there was a contract offered to consider and accept. The land in question adjoins a public highway and the layby was laid at the same time as the road by the Local Authority, which is therefore considered to be a public place as per the decision of Camden V Dawood 2009 and Section 192 of the 1988 Road Traffic Act. The registered Keeper cannot therefore be held liable to the parking charge as the operator has neither named the Driver(s) or provided any evidence who the Driver(s) was, hence the charge is not enforceable.

Afternoon Thank you for your responses, but which parts of Gemini's response is not compliant with POFA? Is there a guide on CAG that I can refer to with regards to POFA compliance and appealing to POPLA? Many thanks.

Hi Just received the Appeal Rejection letter from Gemini, please find a copy attached for reference. They have also supplied me with a POPLA Verification code via email. Is there a limited time to appeal to POPLA? Please advise. Many thanks. Gemini Parking Solutions - Appeal Rejected (web).pdf

Appeal emailed to Gemini and will wait for a response from them. Thanks.

Ericsbrother Thanks for the prompt reply. What are the POFA compliant bits that are missing?

Good Afternoon Just received the Notice To Keeper (NTK) from Gemini Parking Solutions, which i have attached for reference. What should be my next step? Many thanks Zubair

Many thanks for the advice silverfox1961 and ericsbrother. I will await the NTK and then come back to this thread. We are all so fed up of these parking companies in London.

Hi I hope you can help. I received a Parking Charge Notice from Gemini Parking Solutions on Sunday, 30th October 2016, whilst parked near the Olympic Stadium. I have been parking here on Sunday mornings for the past two months as there are no road markings, etc and normally leave within an hour two at the most. I have also seen a number of other people parking their vehicles in the same location without incident. I do not believe that I parked illegally as there are no ‘road markings’ and there is no indication as to define which area parking is/is not permitted in. The area is a ‘ghost town’ on most days, unless West Ham are playing at home, which is when I avoid the Stratford area altogether. Whenever I have received a Penalty Charge Notice (PCN) from the local Council, I always appeal it via email within 14 days to preserve the PCNs discounted rate, whereas I have noticed on this forum that people are being advised not to appeal the Parking Charge Notice and instead wait for the Notice To Owner (NTK) to be sent before appealing. Your advice in this matter would be greatly appreciated as I am sure a lot of other Drivers have been caught out by Gemini. Many thanks in advance.