Parking in hospital car parks

lilibet1

Hi

Could you please advise me if you have to pay a parking fine if you receive it whilst parked in a nhs hospital car park? I understand the rule about fines off traffic wardens for a council and off a police force.
Many thanks

give_them_FA

Simple answer is no. If you have had one, which company has issued it and where?

Stephen_Leak

If it's from a private parking company (which one and which hospital?), no.

Firstly, the legal bit.

Any warning signs are usually so badly positioned and worded, that they won’t have created a legally binding deemed contract between the car park owner and the driver in the first place. But, the private parking company (PPC) don’t know who the driver was, so have to make do with chasing the registered keeper of the vehicle involved.

Even if there is a contract, all the car park owner (CPO) can claim from the driver in damages for any breach of contract is what they’ve lost as a result. If this is a free car park or they paid, this is £0.00. By asking you for more, which is unreasonable, it becomes an unfair contract penalty, which is legally unenforceable.

Only councils, the police and Transport for London can impose legally enforceable fines or penalties. Private companies can't. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., 1915.)

And, especially as its a hospital car park, there could also be all the fun and games about disabled drivers, Blue Badges and The Equality Act.

So, what do you do?

Don’t appeal. They always reject them. Why should they What’s in it for them to let anyone off? More importantly, you might divulge the identity of the driver. This is a useful piece of information for them. They sometimes say that they have the right to ask who the driver was. OK, they can ask. This doesn’t mean that you have to tell them. However, if you have appealed, it doesn’t make their actions lawful.

They will threaten you with all sorts of legal and financial unpleasantness, in order to try and intimidate you into paying. But, they can't actually do anything, for the same reason that a blackmailer couldn't sue their victim for non-payment.

Their threats include courts, CCJs and bailiffs. But, for things to get to this stage, they would have to take you to court (and have their actions subjected to legal scrutiny), win the case (which would only happen if you didn't attend) and then you’d have to refuse to pay. Bailiffs are appointed by the court.

Ignore their empty threats. Eventually, they will run out of things to intimidate you with, and stop throwing good money after bad.

cutandshut

The parking in my local hospital is done by the District Council so I don't think they can be ignored.

lilibet1

Well it's Worcestershire royal hospital and it's run by car parking partnership which is apparently a private co, I havent a ticket but they have charging disabled drivers and my mum refuses to pay....as she has a blue badge. So really I'm finding out what could happen if she gets on.

Thanks

Stephen_Leak

The Blue Badge scheme does not apply to private car parks. If you do have a badge, you don't need to display it.

Anyone, who is disabled under the terms of The Equality Act 2010 can use a disabled parking bay. They may, or may not, also be Blue Badge holders.

But, The Equality Act doesn't say that able-bodied drivers can't also use disabled parking bays. OK, they shouldn't, but they can.

This probably contravenes the contract terms & conditions for the car park. However, they usually state that you shouldn't park in a disabled bay without displaying a badge. But, this contravenes The Equality Act.

lilibet1

Wow how interesting, so basically I could park in a disabled bay without a blue badge if i wanted too? Basically my dh has a metal pin in his leg and sometimes uses a stick, but hasn't got a blue badge so he could park in a disabled bay at the hospital then?

Lone_Ranger_2

lilibet1 wrote: »

Wow how interesting, so basically I could park in a disabled bay without a blue badge if i wanted too? Basically my dh has a metal pin in his leg and sometimes uses a stick, but hasn't got a blue badge so he could park in a disabled bay at the hospital then?

Mmmm, but lets not deprive someone in a wheelchair for instance from a parking space though.

lilibet1

No no I'm not saying that. I'm just saying that when we go to hosp my dh can be in agony and I didn't realise that we could park in a disabled space in a private car park

Lone_Ranger_2

lilibet1 wrote: »

No no I'm not saying that. I'm just saying that when we go to hosp my dh can be in agony and I didn't realise that we could park in a disabled space in a private car park

Thats ok, or just give me a call, I'll chuck him on the back of my horse and take him right to the door.

lilibet1

Lol and look after mr grumpy for me too eh.