Free Traffic Legal Advice

Hello all,

I had to rush to the hospital as my nephew was assaulted quite badly and was taken to Emergency. Queens hospital offers parking for blue badges, but all the bays were taken, and many people were circling the car park. The driver ended up parking on double yellows - which everyone else was also doing. I have done so previously with no issue as everytime I go people have parked on double yellows with a blue badge with no problem, but this time it was in a slightly different location further down the road. I assumed it would be alright as there was another vehicle parked there also and no extra/contradicting parking signs that I could see so I told the driver it was fine.

About 20 minutes later, we were issued a Parking Charge Notice for unauthorised parking, along with the car next to me. However just up the road, none of the other vehicles parked on double yellows were issued a PCN. I do not see any signs that say you can park on these double yellows, or you cannot park on these double yellows etc

Is there anything we can do to fight this charge?

PCN:




Google Street view link:
Click here for GSV

Location of vehicle parked: (Red X marks the spot)






Other cars parked on double yellows with blue badges and no tickets. Some of whom were there way before me:




The signages I could find dotted around:

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.

We have not received a NtD. We got the PCN yesterday posted on the car at the hospital. Am I meant to wait for a letter?

I have not spoken to the pals team but my experience of them in the past at this hospital has not been a positive one.

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We have not received a NtD. We got the PCN yesterday posted on the car at the hospital

The notice on the windscreen is the Notice to Driver.

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I 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.

I see. The NtD are the first 2 images in the first post. That was what was received. I will try and also contact pals. Anything specific I can say to them?

Quote from: anonymous on April 18, 2025, 12:45:31 pm

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.

If you click on them they should show the whole thing. No matter I have attached them to this post [ Guests cannot view attachments ] [ Guests cannot view attachments ]

[ Guests cannot view attachments ]

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:

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I 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.

Thank you so much today. I will do as you say. Just for clarification, do I submit the appeal on the 14th or before? I.e the 13th? Also if it is the 14th should I do it before a certain time? Lastly I assume I am to appeal using their online portal?

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 thank you. One final question based on what you said. I am neither the driver not the keeper in this instance. Does this mean that I should get the keeper to appeal the ticket? We got the ticket because of me and I said that I would sort it out.