Urgent help, hospital parking ticket

leedsmodus

I parked on double yellow lines with a disabled blue badge in the car park of St james hospital leeds. I have parked in the same spot about 30 times before and never got a ticket, until today.

On previous occasions security have ok'd it for me to park in the particulr spot as disabled bays are hard to find, however i am told for the last few months the security guards in questions have been made redundant and the traffic flow in the car park including parking restrictions is now over seen by a nhs hospital ticket warden. Whilst there has always been signs saying to park in marked bays and disabled people must park in disabled bays i have always been told i could park by the previously employed security guards

I have read a lot on here which basically says ignore the ticket/fine. I was silly enough to appeal as i was outraged at the ticket given my previous authority to park there, I have also seen others use the space on the double yellows. The appeals number asked me who was driving, I refused to say whom but they have my address now and my name.

They said if my appeal fails which i expect it to do, they use newlyns debt collection.

The fine is £60 reduced to £40 if i pay within 14 days

My question is , will Newlyns take me to court if i tell them to clear off,.
Can someone point me out with a drafted letter advising them to !!!!!! off,
Also main question is , how come people say on forums ,that these type of parking companies wont take you to court,
My reasoning is because If i owed any other type of business money for example if i did not pay for goods, then would they not call in baliffs for that amount, so what makes this parking ticket any different should i ignore it,

Sorry to be a pain but i have just had 4 months off work with stress and I do not know whether to pay for it to go away as I cant be doing with threatening letters which will no doubt come if i ignore it

advice, and drafted letters would be really appreciated

vax2002

Please provide the following IMPORTANT information
several areas are enforced by the council some by private
Look at the very end of the ticket:
Where and to Who does it ask you to send the money.
PLEASE PROVIDE INFORMATION ASAP:

leedsmodus

hi thanks for your reply, it says the monies need to go to the Hospital Cashiers office at The Leeds general infirmary. The notice has NHS all over it and it does not mention Leeds city council in any shape or form

The details

PARKING CHARGE NOTICE

LEEDS TEACHING HOSPITALS NHS TRUST

A PARKING CHARGE MUST BE PAID WITHIN 28 DAYS FROM THE ISSUE OF THIS NOTICE

PCN NO *************

VEHICLE REGISTRATION NUMBER *********

MAKE RENAULT COLOUR GOLD

YOUR VEHICLE WAS SEEN IN THE FOLLOWING LOCATION

SJUH - CHANCELLORS WING

ON 21/09/2011 AT 11:05

BY: TRAFFIC OFFICER: 17

WHOM HAD REASONABLE CAUSE TO BELIEVE THAT THE FOLLOWING PARKING CONTRAVENTION HAD OCCURED

PARKING ON DOUBLE YELLOW LINES

PARKING CHARGES

A PARKING CHARGE OF £60 MUST BE PAID WITHIN 28 DAYS FROM THE ISSUE OF THIS NOTICE

THIS WILL BE REDUCED TO £20 IF PAID WITHIN 14 DAYS OF THIS NOTICE

IF NO PAYMENT IS RECIEVED AFTER 28 DAYS, THIS PARKING CHARGE MAY BE PASSED TO A THIRD PART WHO WILL SEEK TO RECOVER THE FULL PARKING CHARGE FROM THE REGISTERED VEHICLES OWNER

DO NOT PAY THE TRAFFIC OFFICER

leedsmodus

MY QUERY IS ;

does not state model of vehicle;
which road, just outside the chancellor wing on yellow lines.
can they make the registered keeper pay, is it not for them to prove whom was driving the vehicle

I have put an appeal in based on the grounds on the 1st post; i have not said whom was driving, when i got cocky on the phone they said they can refer the notice to NEWLYNS, if i do not pay following the appeal

I therefore expect the appeal to fail as it is revenue for the hospital

vax2002

Have you posted the appeal if not STOP !

vax2002

You have not been given a parking ticket or a fine:
From a legal prospective what you have been given is an "invitation to pay a private invoice".
You are legally within your rights to reject the invitation and keep your money:
What will happen is they will buy your private data from DVLA and send a series of menacing letters threatening to take you to court and then more letters from fake debt collectors and fake solicitors again all threatening to take you to court.
They will not take you to court as legally they have no power to fine you or charge you a penalty.
In short it is a scam of impersonation of officialdom and empty threats.
HOW TO DEAL:
IGNORE everything, ignore all letters, ignore all fake solicitors letters and ignore all fake debt collectors.
They will get fed up and move on to another victim.
IGNORE Means exactly that IGNORE, you do not appeal, there is no appeal it is part of the scam, you do not bite back, do not write or do anything to correspond and they will go away, if they call your telephone, do not confirm any information place the handset down and leave it of the hook for ten minutes .
BE WARNED evidence on these and other forums clearly describes how people who do pay these hoping they go away receive further demands for more money, often several hundreds of pounds.



Just to add, these parking scams rely on giving you something to pull at, they know some people just can not resist trying to be proved right and if you step back calm down you will see that what you are actually standing in is a very cleverly thought out trap designed to get you to take the obvious bait on the floor, they have had thousands of attempts and perfecting the trap and perfecting the bait, so you think you have spotted a flaw, a loop hole, something wrong in the singe when in fact what you have seen is what they have left out for you to see and by the time you realise you have been hooked you are well in to a dialogue with them.
Knowing that they have a live fish on the hook is 99% of the scam, but if you ignore them they dont know who you are from adam yes they have the keepers details but the driver is responsible and you do not have to correspond and give them any information, for all they know fred blogs details supplied by DVLA could be the local crown court Judge, senior police officer or local bone crunching no neck thug waiting to dish out some instant justice.
If you pull them up over signs, you are admitting reading them and making contract !
So stop zoom out and have a look at what this line you have found to pull is connected to.... A very large hook that will end up in your backside if you pull on it.
Hope This helps mark

leedsmodus

I have rung them this morning and done an appeal over the phone, does this mean i am stuck. What can i do now I have done an appeal;. I will get an answer within 7 days regards the appeal which will be likely be rejected. If i have appealed does this mean they have grounds now to take the matter further as i have admitted my vehicle has been parked on yellow lines. I did not say whom was the driver though

Sirdan

leedsmodus wrote: »

I have rung them this morning and done an appeal over the phone, does this mean i am stuck. What can i do now I have done an appeal;. I will get an answer within 7 days regards the appeal which will be likely be rejected. If i have appealed does this mean they have grounds now to take the matter further as i have admitted my vehicle has been parked on yellow lines. I did not say whom was the driver though

Forget about it ..just ignore them from now on.
You may as well have been on pink lines with green dots .
On private land yellow lines have no legal standing.

Regardless of where you park a Private company can not fine you !

leedsmodus

as i work for a bank, i cannot be doing with anything adverse on my credit file for oweing a company money,

Can i please ask a question

If i owed a company for example lets say Comet for £30';s worth of goods they would probably take me to court and win. So can please someone explain what the difference is here as effectively the parking company is saying i owe them money.

Why would it fail in court?

trisontana

leedsmodus wrote: »

as i work for a bank, i cannot be doing with anything adverse on my credit file for oweing a company money,

Can i please ask a question

If i owed a company for example lets say Comet for £30';s worth of goods they would probably take me to court and win. So can please someone explain what the difference is here as effectively the parking company is saying i owe them money.

Why would it fail in court?

Because this is a civil matter. This means that the only claim that could be made is for the actual loss suffered by the landowner. Anything above that loss would be deemed an unfair penalty and would be thrown out of court. This is because the law of the land states that it's illegal for one private citizen ( the PPC) cannot punish another private citizen (the motorist).

In the Comet case you would actually owe them £30. In the parking case you owe them nothing because no material loss has occured.

Sirdan

leedsmodus wrote: »

as i work for a bank, i cannot be doing with anything adverse on my credit file for oweing a company money,

Can i please ask a question

If i owed a company for example lets say Comet for £30';s worth of goods they would probably take me to court and win. So can please someone explain what the difference is here as effectively the parking company is saying i owe them money.

Why would it fail in court?

If you owed money for goods provided that is a proper contractual arrangement. You have agreed to purchase the goods at an agreed price.

Did you agree to pay the amount claimed by the Parking Company when you parked where you did ??

Somehow I doubt it ..the fact is the Hospital and therefore their agent the Parking Company did not want you to park there ..hence the ridiculous charge. That makes what they are seeking a PENALTY .
Penalties are not allowed in Consumer Contracts.

Put simply Comet would claim £30 plus their costs ,they would not claim £30 + another £30 for late payment and their costs.

This is the relevant law :-


"The Unfair Terms in Consumer Contracts regulations 1999"

and the enforcement body for that legislation is the Office of Fair Trading, and here is what they have to say about charges like the one you have :-

"5.9 The Regulations are concerned with the intention and effects of terms, not just their mechanism.
If a term has the effect of an unfair penalty, it will be regarded as such, and not as a 'core term'.
Therefore a penalty cannot be made fair by transforming it into a provision requiring payment of a fee for exercising a contractual option."

It is clearly the intention / effect of these charges to dissuade / prevent people from parking on the yellow lines that means the above applies.
I've yet to see a Private Parking Notice that says "Park where you like we don't care but the charge is £xx"

PS Nothing on your credit file as you don't owe them anything.

For a CCJ to happen they have to go to court (they won't) , win (they won't) and you don't pay what the court orders in 28 days (you won't).