Invalid Wayspot Appeal
minikom37-PGO
Posts: 73 ✭✭
Title of the Wayspot: Kapliczka św. Franciszka
Location: 49.950724,20.241458
City: Krakuszowice
Country: Poland
Screenshot of the Rejection Email:
Photos to support your claim:
Additional information:
This is how the location looks like on the Intel map:
And these are the maps showing the property division and borders in the area provided by www.geoportal360.pl
and additional map site for your reference:
https://mapy.geoportal.gov.pl/imap/Imgp_2.html?locale=pl&gui=new&sessionID=5445138
There is a direct link to the property:
When you follow the link to https://www.ksiegiwieczyste.pl/search/lot?search=WyIxMjE5MDJfMi4wMDA5LjQxNS80Il0%3D#results and later enter the land registration number you get the information via the Polish Ministry of Justice browser https://ekw.ms.gov.pl/eukw_ogol/menu.do that the property is a statutory marital ownership which means it is a private residential property that is owned by the spouses.
There is also a Google use photosphere of the location:
Please review your initial verdict and retire the Wayspot in question.
Comments
Appeal Accepted - Thanks for the appeal, Trainer. We gave this a second look and after reviewing the additional evidence provided, we've decided to retire the Pokéstop/Gym in question.
Hello,
I'm the owner of this 10m long part of rote and I allow to place portal there. This 10m long road is not fenced and publicly accessible.
There was no complains from owner (me) about playing here. All players are welcome.
In local area development plan this land is planed to be public road and it is not important who is the owner.
Please restore this portal because it is great place to play and many pokemon and ingress players take fun here. Nearest pokestop is 500m from here.
It is 12th portal removed in the area reported for removal just from wickedness. This makes the game no longer enjoyable
sorry but in infrastructure plan this is a rote.
I invite all (green and blue and pokemon) players for coffee and cake. Let's start play with fun and let's end this hate. Diodka, Wiewiura, Wienio, Ibiquer, Enderand and even a scary Muczacz you all are more than welcome here. I'm serious not sarcastic.
Even if you are the owner, if it is on private property, then it is an ivalid POI.
This in not on private property but by the route. This is the route you can see it on google maps, private route but route. On polisch village every road is somebody's property and it is public untill it is not fenced. But this person who raported this thoroughly knows about this, becouse this is noy aboute private property. This is 12th portal which is removed in area. It makes this gamke not funny.
To have clear comparison where is route and where is private property:
"inna droga lub ulica" means "other route or street"
Picture from local area development plan (http://www.gdow.e-mpzp.pl/): As you can see this route is much longer and is on local government plans. And goes through many properties.
No, it's still leading to your house, and only yours. It's Niantic's right to remove it even if you're welcome any players.
1. Google maps satview shows there’s no public road you are talking about
2. The pictures taken at the location show a dirt road that leads to a private residence and is clearly part of that property
3. The Google user photosphere confirms the same.
4. Government documents say you are the owner of this part of the road where the wayside shrine is
5. You said in may threads of this forum that you OWN this lot.
6. The maps you pasted are just PLANS, this doesn’t exist in real life YET. The road the maps shows does not even run along your property but at some distance.
But again every small route in the countryside is private property (that is Polish reality) and this game cannot limit all such great places.
Private property is behind fence. This is public route all have right to passage. That is reality in Poland countryside.
@NianticKK please use common sense and judge whether it is private property or just publicly accessible route:
"https://www.google.com/maps/@49.9506864,20.2415658,3a,75y,61.43h,87.09t/data=!3m8!1e1!3m6!1sAF1QipMYu5_RvXyxKT8G_r4MO_jvsOgBv5q7dbNbkTsC!2e10!3e11!6shttps:%2F%2Flh5.googleusercontent.com%2Fp%2FAF1QipMYu5_RvXyxKT8G_r4MO_jvsOgBv5q7dbNbkTsC%3Dw203-h100-k-no-pi0-ya309.9475-ro-0-fo100!7i8192!8i4096"
The official maps clearly show the borders of the private lot on which there is a smaller fenced area with a family house. The POI is situated within this lot on a drive leading to that fenced area. The Google user sphere only confirms it.
The official maps clearly show that this is route - not property
Yes, it is a "route" indeed, a part of the land owned by you, which means it's a part of the private residential property and for this reason Niantic retired this Wayspot.
Again, in Poland every small road is private property. With such restrictions 50% portals in countryside have to be removed. And this will make impossible to play this game in small towns.
There is absolutely no significant and objective reason for removal of this portal.
@NianticKK please end this sad story...
I really shouldn't mark this thread as a favorite anymore. I am informed about every comment by email and every time I only see comments from you in which you cry and give absolutely nonsense about you. Just give up. You are wrong and the portals should be deleted and not restored.
Could we please treat each other with respect here
Niantic is not going to make exceptions to their rules because you "have it so hard". If Niantic determines that a Wayspot meets the removal criteria, they will remove it.
Rule is "portal cannot be on private property". But different countries have different meanings of private property. In Poland publicly accessible rural routes are always in private ownership. Such places cannot be eliminated from game because such rules would eliminate game 50% of portals in rural areas.
This is how google presents this route:
It is just public route not "private property"
This is a perfect example of the difficulty tech companies face with having to enforce rules that apply across various jurisdictions.
The important question is whether Niantic is concerned with Wayspots on private property based on how they function or what the local laws are. To your point, this clearly functions like a publicly accessible portal. However, the law considers this to be on private property. Should Niantic look at the local laws or how accessible the Wayspot is?
If they aren't concerned with its accessibility and are only concerned with the laws, then you are correct. Large areas of Poland become ineligible for Waypsots. My guess is that they're more concerned with the definition of the local law than how accessible it actually is.
This particular piece of land and the length of the road where the in-game marker is are inside the border lines of the property. It is enough to follow the links and instructions I provided in the appeal and all of you can see it for yourselves in the digital version of Polish national land registry on Polish Ministry of Justice homepage. EOT.
@NianticKK please be aware that
the Google marker of the POI was changed: https://www.google.com/maps/place/Publiczna+Kapliczka+%C5%9Bw+Franciszka./@49.950677,20.2417103,20z/data=!4m5!3m4!1s0x47163f88308adcd3:0xe28255eb940ef447!8m2!3d49.9507406!4d20.2416102
and the Google user photo sphere removed
(the below link is no longer valid):
https://www.google.com/maps/@49.9506864,20.2415658,3a,75y,313.07h,86.37t/data=!3m8!1e1!3m6!1sAF1QipMYu5_RvXyxKT8G_r4MO_jvsOgBv5q7dbNbkTsC!2e10!3e11!6shttps:%2F%2Flh5.googleusercontent.com%2Fp%2FAF1QipMYu5_RvXyxKT8G_r4MO_jvsOgBv5q7dbNbkTsC%3Dw203-h100-k-no-pi0-ya309.9475-ro-0-fo100!7i8192!8i4096
As you proved and Niantic agreed POI was on private ground.
Now is moved 4 meters to public ground. Google marker is moved. And portal is added to review.
I believe all doubts are removed now and everybody will be happy with this new great place to play.
I wish you all happy and exciting game :)
Ok, so 1* -> unpermanent? :D
@NianticKK all the land there is in private hands and it can be easily proved with the national geosites I provided in this appeal. Also be advised that they explicitly confirm that they are manipulating both the location of the POI and the Google markers now. Please prevent any future abuse in that area.
Here is current border situation in this area (you have provided inaccurate, old one) with new portal location (moved by 4 meters on your request):
Please provide any evidence that plot number 415/5 is not public route that leads to plots 415/4, 415/9, 415/8, 415/7 415/6 (owned by different people). According to my knowledge it was just sold to local national government (Gmina Gdow).
Nice drawing, lots of precise lines laid.
Witty filename: hehehe.jpg
https://us.v-cdn.net/6032079/uploads/OAT5BCUWN1WW/hehehe.jpg
Just sold - lots of development operations in the area I must admit.
A portable POI - there must be extensive NL-1331 operation in the area.
Plots owned by different people, but still owned by the government too. Amazing.
"moved by 4 meters on your request" - oh thank you that you fulfilled my wish.
@NianticKK please close this thread, this is getting ridiculous. Thank you for your time and sorry for bothering you so long.
@NianticKK evidence provided was inacurate and old. Current border situation can be checked here: https://mapy.geoportal.gov.pl/imap/Imgp_2.html?locale=pl&gui=new&sessionID=5445138
and it looks like this:
Portal is not on private property but on publlic route (415/5). Route that leads to plots 415/4, 415/9, 415/8, 415/7 415/6 (owned by different people).
Please restore this Portal and make this game great again.
XD