So get the Keepers permission to appeal in their name.
What exactly did PALS say to you? They have a guidance document that states their obligations:
NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts (https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles#:~:text=Free%20car%20parking%20for%20those,in%20accordance%20with%2C%20that%20guidance)
NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.
NHS organisations should act against rogue contractors in line with the relevant codes of practice where applicable.
Contracts should not be let on any basis that incentivises additional charges, for example ‘income from parking charge notices only’.
Insist that they are responsible for the actions of their agents. Email the Trust Chief Executive, Shane DeGaris at s.degaris@nhs.net and complain and get him involved if PALS are not doing their job.
As this contractor has failed to comply with PoFA 7(2)(a), they will not be able to hold the Keeper liable for the charge. So, on Thursday 6th March, you appeal to Gemini. However, as they have an 'entrapment' drop down menu where none of the options apply, you must submit the appeal as a formal complaint about this. They are obliged to treat a complaint as an appeal under section 11.2 of the PPSCoP.
So, on Thursday 6th March, you send the following as a PDF attachment by email to ukcustomercomplaints@apcoa.com (Gemini are wholly owned subsidiary of APCOA) and CC in yourself.
UK Customer Complaints Team
Gemini Parking Solutions London Ltd.
PO Box 815
Wigan
WN1 9WX
Delivered as an attachment by email to: ukcustomercomplaints@apcoa.com
6th March 2025
Subject: Formal Complaint Regarding Appeal Submission Process & Formal Appeal – PCN 002833005
To Gemini Parking Solutions Complaints Team,
I am submitting this as both a formal complaint regarding your unfair and restrictive online appeal submission system and as a formal appeal against Parking Charge Notice (PCN) 002833005.
Complaint – Unfair Appeal Submission Process
Your online appeal form does not allow a fair and accurate appeal submission. The system requires appellants to select a predefined “Reason” for appeal, but none of the options provided apply in this case. This restriction unfairly prevents a motorist from submitting a challenge based on procedural or legal grounds, which is wholly unacceptable.
I refuse to use your online system because it does not allow me to submit my appeal correctly. This failure to provide a fair and unrestricted method of appeal is a clear procedural failing and obstructs my rights as a motorist. I request a written response confirming how you will rectify this issue.
Appeal Against PCN 002833005
I am appealing this Parking Charge Notice as the Registered Keeper only. The Notice to Driver (NtD) fails to comply with Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), meaning you cannot transfer liability to the Registered Keeper.
• PoFA 7(2)(a) requires that a Notice to Driver must specify ‘the period of parking to which the notice relates.’
• Your NtD only states the time of issue but fails to specify an actual period of parking, making it non-compliant.
• A single timestamp does not establish a period of parking. As confirmed by the recent persuasive appeal case in Brennan v Premier Parking (2023), a single moment in time does not constitute a "period of parking".
Since your NtD does not comply with PoFA, you cannot hold the Registered Keeper (RK) liable for this charge. The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under any misinterpretation of the law of agency. Your NtD can only hold the driver liable and the RK is under no legal obligation to identify the driver to an unregulated private parking company. Therefore, you must cancel this Parking Charge Notice immediately.
Requirement to Consider This Complaint as an Appeal (PPSCoP 11.2)
This complaint directly challenges the validity of the Parking Charge. Under PPSCoP Clause 11.2, you are required to treat this complaint as an appeal and process it within the timescales set out in PPSCoP Clause 8.4.
If you refuse to treat this complaint as an appeal, I will escalate a formal complaint to the International Parking Community (IPC) and the DVLA, as failure to comply with the PPSCoP is a serious regulatory issue.
Next Steps
1. Cancel the PCN immediately or provide a formal appeal rejection addressing the PoFA failings raised.
2. Provide a clear explanation of how your NtD complies with PoFA.
3. If you refuse to process this complaint as an appeal under PPSCoP 11.2, provide justification, as I will escalate the matter to the IPC.
4. Confirm how you will address the appeal submission restriction issue to ensure a fairer process.
I require a full written response within the PPSCoP 8.4 timescales.
Sincerely,
[Name]
Registered Keeper of Vehicle KG57XWH