Parking appeal letter to NHS

ChrisJBarnes91

Hello,

I have posted in another thread about my parking ticket being issued and being ripped off at a hospital. I have drafted a letter to the NHS and I thought I would post it here for 2 reasons.

1)People might have some advice
2)A perfected version could be used as a template for future issues of this nature.


Notice XXXX: Civil Parking Notice at XXXX on XXXX

Dear Sir or Madam,
I am writing to dispute a parking notice that was placed on my car at Birmingham City Hospital at XXX on XXX. As stated, the Notice number is XXX and my car is a XXX with registration number XXX. I am the registered owner of this vehicle.
The reason that the driver of the vehicle was parked in the disabled bay was because he was accompanying a friend into the Accident and Emergency department to deal with a suspected broken ankle. He was unable to walk, and the driver was unable to carry him and as a result the driver had to collect a wheelchair. The driver did not have the ability to push a wheelchair with a fully grown man in it for long distances, and seeing as all the spaces in the front of the car park were taken, the driver felt it was necessary to park in the disabled bay next to the hospital entrance. It would have been unreasonable to push a wheelchair to the hospital entrance from the spaces at the back of the hospital in what was regarded as an urgent matter. In addition, they saw no notices on their way to the entrance to suggest that it was a pay and display car park, and in any case the paying of the fare would have delayed urgent treatment.
When the driver checked the patient into accident and emergency, they were told to wait by the receptionist. The driver specifically told her that the car was parked in the disabled parking area, and that it would require moving. I will quote the words she said: “That’s OK, it will be fine there”. This is express verbal permission to park in the disabled parking area. She also made no comment suggesting that a ticket would or would not be necessary. After receiving the parking ticket, the driver went to get the name of the receptionist who had provided this information but after an argument she exercised her right not to reveal her name. The woman in question was a reasonably short lady aged about 40 or 50 with short blonde hair. She served the two people in question at Accident and Emergency when we checked in at 19:15.
As you can see from the above information, this was an urgent situation whereby the paying for parking would have delayed treatment. We saw no signs that a pay and display scheme was in operation and we were advised by a receptionist that our actions were correct given the circumstances. I attempted to discuss the matter with a manager today but XXX from the estates department at Birmingham City Hospital told us that we must make direct contact with Car Parking Partnership and that she was unable to discuss it.
I hope having read the above information; you will drop the civil parking notice. I have not and do not intend to contact Car Parking Partnership because the contract for parking (if it exists) was between the driver and the hospital with Car Parking Partnership acting as an agent on behalf of the hospital. The driver has no contract with Civil Parking Partnership, thus having no case to answer and no fine to appeal as this is a civil matter and Civil Parking Partnership has no power of enforcement. In my opinion, the only contract was the verbal contract between the driver and the receptionist.
I have no intention of paying the charge, the only reason for this letter is to state the facts. If Birmingham and Sandwell NHS trust chooses to pursue the matter in court, they must do so immediately without delay and without increasing the amount claimed. However, you must pursue the driver, as the contract (if it exists) was made between the driver and the NHS Trust. I am under no legal obligation to disclose the identity of the driver and I have no intention of doing so.
Any such claim will be vigorously defended on the basis of the verbal contract as well as the urgency of the situation, and in the absence of any reply within the next 14 days we will assume the charge has been cancelled. If any threatening letters are sent by Car Parking Partnership or any company acting on their behalf, this could be construed as harassment and may be reported to the police. In the absence of court papers or the cancellation of the charge, please make any further contact directly to Car Parking Partnership.
If you do choose to issue court proceedings, in the minute chance you won, you would only be entitled to claim damages which would amount solely to the loss of income suffered as a result of the driver having no ticket. The car was parked for about 2 hours, and this would amount to about £3. In any case, a judge would see an accident as a more pressing matter than a parking dispute. The legal case of Dunlop Pneumatic Tyre co v New Garage and Motor Co Ltd (1915) laid down the law which still applies today:
i) The sum is a penalty if it is greater than the greatest loss which could be suffered from the breach, in other words, if it is "extravagant and unconscionable".
ii) If it agreed that a larger sum shall be payable in default of paying a smaller sum, this is a penalty.
In addition, the Unfair Terms in Consumer Contracts Regulations (1999) Schedule 2(e)- Indicative and Non exhaustive list of terms which may be regarded as unfair states that “requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation” is an unfair term.
If you are to contact me again I hope it is to inform me that the matter is closed. If you wish to issue legal proceedings please contact the driver. Please make any further contact with Car Parking Partnership as I have no intention of contacting them. I have enclosed a copy of the Civil Parking Notice for your reference.

Yours Sincerely,

XXXX

Oopsadaisy

Truly, don't bother, you're wasting your time.

If you haven't paid, don't and ignore everything that comes in.

I know that since you've gone to the bother of typing up a lovely big long legal letter you so, so want to send it to them....but please don't bother, it only encourages them to keep sending you letters.

The overwhelming advice on here is ignore, ignore, ignore some more.

Yes, really don't send it...just get on with your life.

McKneff

Put it away and just ignore it. And everything else they send you.
If you reply they know they have got you on the hook and their correspondence will go on longer.

They have no powers to fine you, only courts and police have this authority.

Have a look at the PePipoo site - parking charges.

Coupon-mad

Personally I don't think he is wasting his time writing to the NHS Trust, although I can see why others are saying just ignore it (the usual line for private car parks).

This is because NHS Trusts sometimes pursue Court cases - it's not unheard of - and they have won some.

And in this case the driver has a verbal contract to rely on - but better to put that in writing now IMHO, why not for the cost of one letter?

Send just the one letter, stating the facts of the verbal contract, that's all. I quite like the fact your letter is long, it will confuse them (but it needs some paragraph spacing, a line before each new para makes it easier on the eye). Just maybe finish with 'you should be aware that no further correspondence will be entered into in the absence of Court papers'. And stick to that!

Obviously ignore the parking company completely as there's no contract with them. I suspect the NHS Trust will pass the letter to the CPP who will then pretend it's a appeal to them and reject it! But no worries, you have covered the verbal contract thing and can then ignore all the threats knowing that if the NHS follow it up then your position is absolutely clear.

I know it's unusual. But I do think the letter is a useful tool in this particular case.

As I said to the OP on the other thread, the alternative is to ignore the whole thing.

robredz

The letter in this case may well work, as the NHS Trust are vicariously liable for their employees/agents, so the implied permission as stated by the receptionist in A&E should bind them and negate the (illegal) penalty, If not?, well negative press publicity can work wonders, but otherwise ignore is best policy

Oopsadaisy

AFAICS the OP hasn't paid anything so surely it's ignore, ignore, ignore some more and sending letters is a waste of time.

Coupon-mad

Oopsadaisy wrote: »

AFAICS the OP hasn't paid anything so surely it's ignore, ignore, ignore some more and sending letters is a waste of time.

Well 99% of the time, yes of course ignore, with bells on!

But I am thinking of a case where Aintree Hospital reportedly won a case recently which in the end had a pepipoo defence after initial ignoring. The pepipoo poster's name was Davey Weir - strangely he has 3 threads running there and reckons the 2 PPCs are both taking/have taken him to Court! (so make of that likelihood what you will...).

At the time 'Davey Weir' posted it on there (he was parked in a disabled bay) I seem to recall suggesting that he write to tell the NHS that he was entitled to use the bay (being long-term affected by an ongoing condition but having no Blue Badge).

I seem to recall everyone else said no, ignore, so he said he did ignore.

Then months later he came back & showed Court papers, having ignored the PCN etc., (and I believe he never did try the defence that he was entitled to park there, oddly). I think he tried the usual 'no contract, duff signage, illegal penalty' etc but the judge apparently (if you believe the case) found in favour of the NHS Hospital Trust.

Hence why I am wary when it's a hospital and there's a solid defence in the form of the verbal contract. Would not a judge expect a 'reasonable person' to point the verbal permission out? IMHO if the Davey Weir case is real (who knows?) personally I think he would surely have won if he had pointed out his LEGAL right to park there...

Can't do any harm IMHO as long as the OP sticks to the 'no other correspondence' rule. Do not get drawn into replying to any rejection, whether from the NHS Hospital or from the PPC.

esmerobbo

Just read the threads on that Coupon-mad. I don't know something seems strange!

http://forums.pepipoo.com/index.php?showtopic=50228&hl=