other GEMINI/DRP/ZENITH, Pcn for double yellows in stepping hill hospital

[annie5378]

Originally Posted by annie5378

 

I received a PCN at Stepping Hill Hospital in may , I parked on double yellows when I got an emergency call to go to the hospital as my friend was taken critically ill, she has passed on since then,

 

I read a few forums at the time and decided to ignore the pcn, then the reminder notice, then the 3 letters from Debt Recovery Plus then Zenith notice of debt recovery then now today I received the notice of intent to commence legal proceedings,

 

I loathe to pay it because of the circumstances of the notice , any advice? I have had no contact with GEMINI PARKING SOLUTIONS or with DRP or ZENITH,

 

many thanks

Edited September 28, 2016 by honeybee13
Paras.

[dx100uk]

no such thing as DYL's on private land

they are purely tarmac graffiti.

 

 

who has sent the threat-o-gram and I bet it don't say will anywhere.

 

 

dx

[silverfox1961]

Hi and welcome,

The advice to ignore is old hat since 2012 when PoFA came into force. As Gemini are members of the BPA you could have appealed to Gemini and when they rejected you, gone to POPLA.

 

As it stands, DR+ and Zenith can say anything they want as the have no power to proceed any further than the letters. Only Gemini could take action if they choose.

 

At this stage, there is not much you can do however, if you get a Letter Before Action then I would respond with that you will defend any claim.

If court papers arrive, you need to acknowledge the claim firt before doing anything else.

 

Are you able to go back to the site and take some nice pictures of the signs? If you can, convert them to a pdf file and post them up here where they may be ripped apart. It is fairly rare we see any signs that are fully complaint.

[Homer67]

Contact the hospital PALs department and make a complaint, say you will email the CEO and do it, then contact local rag and tell them what disgusting practices your local NHS Trust is up to.

[ericsbrother]

the letter is all just hot air designed to scare you into paying.

Agree with making complaints to papers,

copy in the Daily Mail

and make sure hospital CE is aware you are doing this

as the DM is giving them a lot of bad press at the moment.

 

As for the demand,

you owe them nothing because you cannot agree to break a prohibitive order

- DYL's are prohibitive so if you park on them it is trespass and nowt to do with parking co.

[Oddfellow]

Unless, perhaps, the Ts&Cs on their marvelously-worded, visible and legally-put-up signs include the term "The driver agrees not to park on areas marked with double yellow lines" (which in dx's view are tarmac graffiti!)?????

[ericsbrother]

you cannot agree from the outset to break a contract.

They would have to have a contractual condition that allowed you to park where it says "no parking" and then if that was the case they cannot claim from you when you park there because there will have been no breach of that condition..

 

Generally,the meaning of DYL's will be accepted as being the wish of the landowner and thus a matter of trespass by ignoring them, not a matter at all for the parking co who are there to manage parking.

[Oddfellow]

Sorry, EB, I'll stick to commenting on things I understand better than utterly confusing contract law!!!!

[ericsbrother]

the truth is that simple signs saying what is allowed or not allowed would stop any arguments.

 

 

However, it seems to be beyond the capabilities of the parking co's to use simple english to say what they mean and I suspect that is because they make most of their money tripping people up with the confusing wording or multiple signs saying different things.

 

 

Barrier car parks that you pay on exit would be the simplest for P&D or a simple flat rate pay at barrier on entrance.

 

 

For free parking for a limited time you say that it costs £100 to park here but if you are here for less than 3 hours this fee is waived.

 

 

No argument then but the greedy gits want to make money any way they can by claiming "penalties" for parking over a meaningless line or some other unlawful reason like "passenger seen picking nose".

[silverfox1961]

"passenger seen picking nose".

 

Is that a new department at the hospital and anyway, what's wrong with the one they have!