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Do you want representation?
I say Tribunal time.
1. It is restricted to term-time only: then the council need to obtain the SoS's authorisation to a non-prescribed sign. But they haven't, because the only prescribed sign is every week, term time or not.
2. The restriction isn't term time only, which is what's conveyed by the advance sign. In which case IMO the signage fails the LATOR test because in combination those in the know might be tempted to drive into the area outside 'term time' but still be breaching the traffic order's prohibition.
According to GSV there's an advisory sign only yards before Khartoum, between Opex Fashions and Khartoum.
Personally, I would focus on the non-prescribed white on blue sign shown in GSV and the video: School streets - Restricted Access Term time only.
No such permitted sign.
1. It is restricted to term-time only: then the council need to obtain the SoS's authorisation to a non-prescribed sign. But they haven't, because the only prescribed sign is every week, term time or not.
2. The restriction isn't term time only, which is what's conveyed by the advance sign. In which case IMO the signage fails the LATOR test because in combination those in the know might be tempted to drive into the area outside 'term time' but still be breaching the traffic order's prohibition.
In either case, IMO you have strong grounds for appeal.
Dear Redbridge
1. Your own video shows completely unreadable signage. I refer you to case 2250006928 in this regard. The right hand sign has not been properly maintained as it should under LATOR.
2. The placement of the signage is unfit for purpose as it is easily missed.
3. Upon checking the blue plate, this is not a prescribed sign as it is most definitely proscribed (disallowed) by the TSRGD 2016. I refer you to cases 2250121336 and 224043551A in this regard.
Considering the above, please cancel the PCN.
No contravention
Dear Redbridge
1. Your own video shows completely unreadable signage. I refer you to case 2250006928 in this regard. The right hand sign has not been properly maintained as it should under LATOR.
2. The placement of the signage is unfit for purpose as it is easily missed.
3. Upon checking the blue plate, this is not a prescribed sign as it is most definitely proscribed (disallowed) by the TSRGD 2016. I refer you to cases 2250121336 and 224043551A in this regard.
Considering the above, please cancel the PCN.
I cannot see the PCN clearly and need to be able to check dates.
Very important On what date did TEC revoke the order for recovery and Charge certificate?
You submit it on the 14th, any time before close of business.
Use their online portal but make sure you do not select any option that requires you to admit to being the driver. You are appealing solely as the Keeper.
OK. So the NtD is not compliant with PoFA 7(2)(a) because it does not specify the period of parking to which the notice relates. There is no evidence that the vehicle remained parked for longer than the minimum consideration period for a contract to have been formed.
For now, the Keeper complains to PALS and the NHS Trust CEO to get them to have the PCN cancelled. If there has been no confirmation of the PCN being canceled by Tuesday 14th May, you submit the following appeal to Gemini, only as the Keeper:QuoteI am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Driver (NtD) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Gemini has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtD can only hold the driver liable. Gemini have no hope should you be so foolish as to eventually try and litigate this, so you are urged to save us both a complete waste of time and cancel the PCN.
Make sure you put Tuesday 14th May in your diary with a reminder to not miss that date. The reason is to try and get them to reject the appeal without issuing a Notice to Keeper (NtK) within the prescribed period.
This PCN would never stand up in a court should they be do stupid as to try and make a claim later on.
The NtD are the first 2 images in the first post. That was what was received.
You've truncated the images. We need to see the whole NtD. You only need redact your VRM and the PCN number.
When contacting PALS, remind them of their obligations as stated in this document:
NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts
Also, I suggest you write to the Trust Chief Executive and let them delegate of their minions to handle your case.
QuoteWe have not received a NtD. We got the PCN yesterday posted on the car at the hospitalThe notice on the windscreen is the Notice to Driver.QuoteI have not spoken to the pals team but my experience of them in the past at this hospital has not been a positive one.Still worth contacting them in my opinion. They may be helpful, they may not. If you don't contact them at all they definitely won't be helpful.
Please show the whole of the Notice to Driver (NtD) that was received. You only need to redact the VRM, nothing else.
Have you complained to the hospital PALS service? They are your first port of call and can get the Parking Charge Notice (PCN) cancelled. I suggest you also copy in the Chief Executive of the NHS Trust for that hospital.
DO not appeal anything until we've see the whole of the NtD and certainly not before day 27 after the date the notice was issued and definitely not later than day 28.