DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 11353--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: DWMB2
Date: November 27, 2023, 3:12 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> I am a cynical old ****
>
--- End Quote ---
Surely not ;D
#Post#: 11399--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: Driver86
Date: November 27, 2023, 1:19 pm
---------------------------------------------------------
Ok so their timeframe for issuing a NTK has passed. Should I
just email them to ask if they have produced and delivered a
NTK? Since they are now late.
Just thinking if they later claim they posted it.
#Post#: 11406--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: DWMB2
Date: November 27, 2023, 1:58 pm
---------------------------------------------------------
This would be the way to go about that:
--- Quote from: H C Andersen link ---
>
> submit a Subject Access Request to Gemini requiring all
personal data they hold on you.
>
--- End Quote ---
#Post#: 11446--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: The Rookie
Date: November 28, 2023, 6:10 am
---------------------------------------------------------
--- Quote from: Driver86 link ---
>
> Spoke to PALS said they can't help due to it being a
contractual/legal matter between driver and the company.
>
--- End Quote ---
The technical term for this is b[member=439]LL[/member]@cks.
Gemini are only working with the authority of the Hospital, that
is they represent the hospital in this matter as agents.
Therefor the Hospital can clearly intercede with their agent in
this matter. Most don't seem to want to but instead try and
pretend that somehow they aren't responsible for the actions of
their agents. Here the matter is even bigger as it's almost
certainly the hospital itself who are responsible for painting
and maintaining the signage (markings on the ground) that are in
poor condition. As such escalate to a complaint and keep
escalating, with an IPC member this is your only realistic
prospect of killing this off without having to wait for a court
claim or 6 year timeout (or paying).
#Post#: 12139--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: Driver86
Date: December 9, 2023, 2:34 pm
---------------------------------------------------------
I received another reply to my appeal. Attached to this
message...are they within their timeframes? It appears to be
more of a "proper" appeal response than th elast one which was
fishing for driver details.
The IPC code of practice states Notice To Keeper should be
issued after day 29 of NTD
PCN Issued = 25th Sept
I Appealed = 23rd Oct
1st Appeal reply = 31st Oct
Appeal reply 2 = 29th Nov
Still no Notice To Keeper. Have they used the 1st appeal reply
as a Notice To Driver too, as it appears to be after 29 days
since their reply?
[attachment deleted by admin]
#Post#: 12148--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: H C Andersen
Date: December 10, 2023, 1:33 am
---------------------------------------------------------
'..we will continue to pursue this matter on the reasonable
assumption that you were the driver of the vehicle'.
Couldn't be clearer.
They do not intend to rely upon PoFA.
And as regards who 'they' are, every sign which you've posted
states that Gemini are approved operators of BPA, not IPC.
The NTD doesn't make any reference to BPA or IPC.
The first notice that you have of the operator's 'allegiance' is
their written reply.
More grist to your PALS mill I would suggest.
#Post#: 12152--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: Nosy Parker
Date: December 10, 2023, 6:29 am
---------------------------------------------------------
Gemini notoriously abandoned the BPA and joined the IPC,
presumably because the IPC is more indulgent of their approach
which is to issue POFA non-compliant NTKs and refuse to deal
with appeals from keepers unless they identify the driver. IPC
stands for this nonsense; BPA not so much. Gemini seems not to
have updated its signs at this location
Anyway, the latest letter from Gemini precisely fits within its
current modus operandi and does not cure the incurable POFA
fail.
If PALS won't help, make a formal complaint to the hospital
complaints department
#Post#: 12202--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: Driver86
Date: December 11, 2023, 10:19 am
---------------------------------------------------------
I'll keep at PALS but I sense their answer will still be the
same here.
Besides that, are you saying I have little grounds of beating
them at adjudication? I have evidence of missing signage from
their PCN camera photos, and then they erected new sign plates
which I spotted a few weeks later.
Have they followed IPC processes of replying to my appeal/
issuing NTK?
#Post#: 12204--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: The Rookie
Date: December 11, 2023, 10:22 am
---------------------------------------------------------
If PALS won't respond, go to the CEO of the trust.
Plan A is still the best route.
Nope the IPC's appeals service is heavily rigged against the
driver, much more so than the BPA's but the DVLA allow them to
continue as an ATA anyway.
#Post#: 12211--------------------------------------------------
Re: PCN Parked in a disabled bay
DIR By: Nosy Parker
Date: December 11, 2023, 2:04 pm
---------------------------------------------------------
--- Quote from: Driver86 link ---
>
>
> Besides that, are you saying I have little grounds of beating
them at adjudication?
>
--- End Quote ---
We're saying that "adjudication" is an irrelevant concept in
your situation. If Gemini won't submit to an appeal to the
IPC's tame IAS appeals service, that's no skin off your nose.
Gemini can't enforce this charge except by suing you in the
County Court and winning the case. In the meantime, you should
be complaining with all your might to the hospital trust and
getting your ducks in a row in case this goes to court - which
is a very long way off.
*****************************************************
Page 2 of 4
DIR Previous Page
DIR Next Page