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wizzywas
Hi
'The Driver' received a PCN from Gemini Parking for 'Parking in a Disabled Bay'. Due to a emergency 'The driver' was unable to display the blue badge right away at the hospital.

How does 'The Driver' go about appealing this. It was not 'The drivers' car. does one wait for notice to keeper?

Apart from sending them a copy of the disabled blue badge there are also some odd bits to the PCN.

- The name of the hospital is spelt incorrectly, it says 'King Georges Hospital' where it really should be King George Hospital.

- The issue reason is also vague 'Parking in a Disabled Bay', surely they can be more specific.

Any advice much welcome.

Thank you

Photos of PCN:

IMG 1
IMG 2
IMG 3
nosferatu1001
Not seeing hte pics for some reason

Talk to PALS and get the ticket cancelled there. Patient liaison service
SchoolRunMum
Don't wait for the NTK. Appeal it as 'keeper' around day 25 which is the second week in June. The point being, that often makes a PPC forget to send any NTK.

Here is a complete example of a Gemini Hospital 'case' where they actually appeared to falsify a sign (the one with the girl with an umbrella walking in front of it, where the detail/location is inexpicably blanked out and the angle of the 'sign' doesn't match the poles the sign is meant to be mounted on):

http://forums.moneysavingexpert.com/showth...8267&page=5

And their response to the POPLA appeal beggared belief. They appear to be a desperate bunch of idiots and of course, Gemini lost!

wizzywas
I received a email response back from then after appealing.

They rejected my appeal stating that i should of put a badge on display. even though I had said I am willing to provide a copy of the Badge to them.

Also a point to note this they never sent out a NTK.

Nor have they addressed the email to anyone.

It just says 'Dear Motorist'


Any more advice?

Regards
emanresu
QUOTE
Any more advice?


QUOTE
Talk to PALS and get the ticket cancelled there. Patient liaison service


Did you do that?
wizzywas
QUOTE (emanresu @ Wed, 29 Jun 2016 - 07:12) *
QUOTE
Any more advice?


QUOTE
Talk to PALS and get the ticket cancelled there. Patient liaison service


Did you do that?


They couldn't help much as they have no control over it nor the power to get the ticket cancelled
nigelbb
QUOTE (wizzywas @ Wed, 29 Jun 2016 - 09:37) *
QUOTE (emanresu @ Wed, 29 Jun 2016 - 07:12) *
QUOTE
Any more advice?


QUOTE
Talk to PALS and get the ticket cancelled there. Patient liaison service


Did you do that?


They couldn't help much as they have no control over it nor the power to get the ticket cancelled

This is a lie. The PPC is engaged by the hospital Trust so they can be ordered to cancel any parking charge.

Please tell me that you did not identify the driver when you appealed e.g. no 'I did this' or 'I did that'. If you did not identify the driver then the fact they have not issued a Notice To Keeper is fatal to their claim & the keeper can appeal to POPLA
wizzywas
QUOTE (nigelbb @ Wed, 29 Jun 2016 - 13:18) *
QUOTE (wizzywas @ Wed, 29 Jun 2016 - 09:37) *
QUOTE (emanresu @ Wed, 29 Jun 2016 - 07:12) *
QUOTE
Any more advice?


QUOTE
Talk to PALS and get the ticket cancelled there. Patient liaison service


Did you do that?


They couldn't help much as they have no control over it nor the power to get the ticket cancelled

This is a lie. The PPC is engaged by the hospital Trust so they can be ordered to cancel any parking charge.

Please tell me that you did not identify the driver when you appealed e.g. no 'I did this' or 'I did that'. If you did not identify the driver then the fact they have not issued a Notice To Keeper is fatal to their claim & the keeper can appeal to POPLA


Maybe I spoke to someone not so helpful.

I did not identify driver hence they did not address the driver or keeper.

So the Notice To Keeper is mandatory for them to send out?
Can the keeper appeal the fact that a notice to keeper has not been sent?
nigelbb
QUOTE (wizzywas @ Wed, 29 Jun 2016 - 13:38) *
QUOTE (nigelbb @ Wed, 29 Jun 2016 - 13:18) *
QUOTE (wizzywas @ Wed, 29 Jun 2016 - 09:37) *
QUOTE (emanresu @ Wed, 29 Jun 2016 - 07:12) *
QUOTE
Any more advice?


QUOTE
Talk to PALS and get the ticket cancelled there. Patient liaison service


Did you do that?


They couldn't help much as they have no control over it nor the power to get the ticket cancelled

This is a lie. The PPC is engaged by the hospital Trust so they can be ordered to cancel any parking charge.

Please tell me that you did not identify the driver when you appealed e.g. no 'I did this' or 'I did that'. If you did not identify the driver then the fact they have not issued a Notice To Keeper is fatal to their claim & the keeper can appeal to POPLA


Maybe I spoke to someone not so helpful.

I did not identify driver hence they did not address the driver or keeper.

So the Notice To Keeper is mandatory for them to send out?
Can the keeper appeal the fact that a notice to keeper has not been sent?

Absolutely. The PPC don't know the identity of the driver & can only chase the keeper for unpaid parking charges incurred by the driver if the adhere to the strict requirements laid down in POFA 2012. Prime among this requirements where a Notice To Driver was left on the windscreen is that a Notice To Keeper is delivered to the keeper no earlier than 28 days & no later than 56 days after the parking event.

Here is an example of a successful POPLA appeal that I made when no NTK was delivered http://forums.moneysavingexpert.com/showpo...;postcount=1961
wizzywas
QUOTE (nigelbb @ Wed, 29 Jun 2016 - 13:51) *
Absolutely. The PPC don't know the identity of the driver & can only chase the keeper for unpaid parking charges incurred by the driver if the adhere to the strict requirements laid down in POFA 2012. Prime among this requirements where a Notice To Driver was left on the windscreen is that a Notice To Keeper is delivered to the keeper no earlier than 28 days & no later than 56 days after the parking event.

Here is an example of a successful POPLA appeal that I made when no NTK was delivered http://forums.moneysavingexpert.com/showpo...;postcount=1961


Right okay, So waiting game for the 14 days till Notice To Keeper is delivered to the keeper. Been 42 days today.
nosferatu1001
Just make sure you dont miss any POPLA deadlines!
Use the parking cowboy checker to check when your code expires.

Go back in and talk to PALS and tell them you are aware the hospital hired PE and therfore CAN tell PE to cancel the ticket.
wizzywas
Appealed to POPLA and I won due to Gemini Parking not sending out a NTK

Decision Successful

Assessor summary of operator case
The operator issued a Parking Charge Notice (‘PCN’) because the appellant parked without displaying a valid permit, in breach of the terms and conditions of the signage.

Assessor summary of your case
The appellant’s case is a family member was taken to hospital and in the confusion a Blue Badge was not displayed.

Assessor supporting rational for decision
The operator is pursuing the registered keeper for the parking charge. In order for the operator to do this, it must transfer liability for the charge from the driver to the keeper in accordance with PoFA. I have reviewed the evidence provided by the operator and note that a copy of the initial notice to keeper is not present. PoFA has strict requirements for the transfer of liability and I have not been able to assess whether they have been met in this case. The burden of proof rests with the operator to demonstrate that the appellant is liable for the parking charge. The operator has failed to demonstrate that it has transferred liability from the driver to the registered keeper of the vehicle. Whilst I appreciate the appellant has raised other issues, it is not necessary to consider them in this appeal. Because the operator has failed to prove it has transferred liability, I cannot say the parking charge is enforceable against the registered keeper

Result
nosferatu1001
Congrats! Can you add the assessor name and case no? And add to the completed cases sub forum
wizzywas
Case No: 4161806931

Assessor Name: Graham Davies
emanresu
Seems like Gemini got caught out with the early appeal and didn't get the Keeper Details.

You may want to raise a complaint with the local Healthwatch about the distress caused to a BB holder due to the Hospital not getting involved to sort this early on.

You need Healthwatch Ilford. They have more powers now to hold Trusts to account.

http://www.healthwatch.co.uk/directory/redbridge
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