Queen's Hospital Parking Fine - Disabled

bobbstar21

I managed to get another ticket cancelled but the appeal for ticket for obstructing the kerb was rejected.

I also got this reply from Queens:

 While Blue Badge holders are entitled to park in a disabled person’s parking space at the Hospital, the user must correctly display their valid Blue Badge as stated in the government’s guidance, “The Blue Badge scheme: rights and responsibilities in England”. A vehicle parked in a designated disabled person’s parking place without displaying a valid disabled person’s parking badge (Blue Badge) in a prescribed manner is a contravention of this car parking rule and will attract a Fixed Penalty Charge Notice. The argument of whether the PCN was issued incorrectly cannot be argued in this case. Nationally, Enforcement agencies are diligent in their efforts to avoid improper use of disabled parking bays, and this explains the reason Gemini parking solutions has acted in the way they’ve done.

As the Trust we try as much as possible to provide easy access to our facilities especially where are adverse circumstance on our visitors/Patients. Alternatives are available to mitigate certain circumstances for example use of the public car park. Blue Badge Holders can claim a free permit from the ward they are visiting after they park. They can use this voucher at the payment machine. We also have a site security office that can help in circumstances that prove to be valid.

Please accept my apologies for your experience, however taking into account the above details regarding what we have in place to assist our visitor/patients, It would cost the Hospital more to have that PCN cancelled than if any of the alternatives were pursued and that the PCN was incurred without fault of the Trust, it is with regret that we cannot assist in a situation where a PCN was issued correctly.

In since the initial appeal was rejected by Gemini, and that you do not agree with the response from Gemini Parking Solution, you would need to go to POPLA (Parking on Private Land Appeals) as the independent appeals service for Parking Charge Notices issued on private land. https://www.popla.co.uk/

Fruitcake

What a load of cobblers. The blue badge scheme does not apply on private land such as a hospital car park. There is no legal requirement to display it and no breach of any law or regulation if it is not displayed on private land.

This is clearly explained in the handbook that comes with a blue badge, the government's blue badge website, and documents held in the house of commons library.
In addition, an unregulated private parking company cannot issue penalties.

Coupon-mad

And Gemini are not an 'Enforcement Agency' - the very thought!  Hilarious.

bobbstar21

Is it not unfair that they have terms and conditions separated i.e. not on a single board in multiple locations but instead different conditions are scattered throughout? For example, they'll have one saying blue badge must be on display and then the curb obstruction entirely somewhere else - how can I know that I have not missed any other condition without checking every board (where there are 30) throughout the car park?

bobbstar21

Hi all, can I get some assistance with the obstructing dropped kerb ticket please (appealing to POPLA)? I've checked the thread and not too sure on next steps (find a similar template?) and not sure how to adapt to my ticket. 

My wife has been diagnosed with stage 4 lung cancer and I just cannot think properly. 

Fruitcake

Use all the points available to you from the third post of the NEWBIES.

These will normally include: -

Not the landowner

No standing to issue charges in their own name

Inadequate signage (include photos of where the car was parked such that no signs can be seen from the vehicle, and the approximate distance to the nearest sign. If signs are at an angle to the driver's view, then include comments/photos to support that point.
Carefully read the signs to see if obstructing a curb is specifically prohibited.)

Indirect discrimination breaching the Equality Act 2010 by not making reasonable adjustments in anticipation that parking will be required by disabled motorists and/or passengers.

Direct discrimination breaching the Equality Act 2010 by not making reasonable adjustments once they were made aware of a passenger's disability.

BPA CoP breaches including failure to comply with legal requirements such as the EA 2010 (Look at the relevant CoP and quote the relevant sections.


Post your draft appeal here for checking before you submit it.

Do contact PALS again, and the hospital CEO/head of the trust and your MP, highlighting that breaching the Equality Act 2010 is a criminal offence.
Contact local and national press as well if you feel up to it.

bobbstar21

Ok thanks, I'll try to do that - will definitely try PALS again with head of trust and MP.

I've attached an image of where the car was parked and the sign (highlighted in red) that the officer took an image of to add as evidence (google link here). 

It's on the other side of the road (the car was parked behind blue car) at the entrance for that walk way lol how is that possibly reasonable? The only other signs with the same conditions are on the other side of the car park.

Coupon-mad

bobbstar21 said:

Hi all, can I get some assistance with the obstructing dropped kerb ticket please (appealing to POPLA)? I've checked the thread and not too sure on next steps (find a similar template?) and not sure how to adapt to my ticket. 

My wife has been diagnosed with stage 4 lung cancer and I just cannot think properly. 

I am so very sorry to hear that.

Use the relevant template POPLA points (linked one by one in post #3 of the NEWBIES thread) plus embed your relevant photos.

Then show us a dropbox link to a redacted version, snd we'll help!

However NEVER EVER try POPLA before exhausting the complaint route.

Your POPLA Code will keep, a bit, and will work till DAY 33 (not just 28 days) so diarise that date now and throw everything first at the landowner complaint.

Trainerman

I don't know if it is any use, but I think most people would make an entirely reasonable judgment that with the sign being on the opposite side of the road, then it applies (only)  to the other side of the road.

Fruitcake

Do you have a dashcam or know anyone who does, or can you get someone to film the route to the spot inside the car park whilst you drive?
There are hardly any signs if you follow the route from the main road roundabout, and none on the inside of the car park from the first entrance that can be seen from a moving car. 

There is a sign on the end of a row, but it is facing away from the direction of travel.

As Trainerman says, the sign highlighted by the PPC is on the approach road, not in the car park, and obviously refers to the adjacent drop kerb with the knobbly paving slabs for blind pedestrians. Directly opposite that (on the car park side of the road) is another drop kerb with knobbly slabs so it is obviously intended to be a pedestrian crossing point. There are no prohibitive signs anywhere near where your car was parked. In addition, the text on the signs is too small to read the consequences of parking next to a drop kerb.

If you need to make a PoPLA appeal I suggest you get photos and video to show the lack of signage and the inadequate unreadable text size.