Parking Ticket at Hospital

saving_pennies

Hello,

I realise this is a long post but I would appreciate your time and any comments.

I got a parking ticket on 14th March 2012 whilst parked at a hospital. There was parking bays available for short 20 minute stays. However, I use a wheelchair and need a wide space so I used the nearby disabled bays and displayed my badge and set the clock to 16:30. I got a ticket stating the issue time 16:50 which is probably the ticket officer adding 20 minutes to the clock time as I did not see anyone around and it takes me a while to get in and out my car as I have to transfer into a wheelchair.

I needed to get a form signed which only took 3 minutes in the end, but due to an emergency involving the staff member I was talking to and many security staff, I was delayed and was int he hospital for 45 minutes.

I was concerned I would get a ticket and was reassured on several occasions this would not happen and security were informed and I would not get a ticket. I was prepared to pay for parking but needed assistance due to the position of the ticket machine meaning I cannot get my wheelchair close enough! not to mention that the ticket machine was situated far away from the disabled bays, down a hill.

When I returned to my car I had a parking ticket. I could not remove it myself and so went back into the hospital. The receptionist immediately called security. I overhear the receptionist say: "so who didn't pass the message on". She explained I could appeal.

Reading the information on this website and using the letter template I appealed the decision and asked that they respond to the points I raised in the letter. The reply looked like a standard letter and did not answer any of the points I made. Following the letter template, I ended the letter saying:

"If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter"

I have heard nothing more from them until today, when I get a "Payment Reminder" to pay £85 within 14 days or it will incresae to £135.

The ticket appears to be from an unenforceable agency - the ticketkeeps referring to The Private Car Parking Enforcement Agency, but also says Parkshield.com Ltd.

However I am now getting a little worried as I do not work and do not have money to pay the fine. The letter says "If you do not pay at this stage, we will seek to recover the charge through the county court. This may add further costs to the sum owed."

I read that these agencies do send out letters, particularly if the person has appealed. Advice seems to be to ignore the letters. I am just wondering what others would do in my situation? How realistic is it that they take me to court. If I am taken to court will costs be spread as I have no savings and my only income is benefits.

I also wrote to the security at the hospital in March to inform them of the situation and ask them to comment on the misinformation I was given and the lack of assessible ticket machine for wheelchair users, and I have had no response. I need to chase this up.

Any advice or suggestions welcome.

Kite2010

Carry on ignoring, in the very unlikely event of them taking you to court you will have a good defence.

If it was a pay & display car-park which you needed to pay for a ticket, all the parking company can claim back is the cost of that ticket.

Stephen_Leak

This is a long reply ...

Firstly, the legal stuff.

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract between the car park owner and the driver in the first place. (The Unfair Contract Terms Act 1997.)

Even if there is a contract, all the car park owner 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’s become an unfair contract penalty, which is not legally enforceable. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914.)

Under various legislation, only councils, the police, train operators and Transport for London can impose legally enforceable fines or penalties. Private parking companies can't.

What do I do now?

Don’t appeal. They always reject them. What’s in it for them to let anyone off?

What’s in it for them is information. They need to know the identity of the driver of the vehicle involved at the time, because that’s who the alleged contract was with. If they don’t know who the driver was, they have to make do with chasing the registered keeper.

With windscreen notices, an appeal letter will tell them your name and address, and maybe that you were driving at the time. If they don’t know who the driver was, they have to buy the details of registered keeper from the DVLA.

With postal notices, they’ve done this already. But they still need to know the identity of the driver.

They sometimes say that they have the right to ask for this information. This doesn’t mean that you have to tell them.

However, even if you’ve written and confirmed who the driver was, it doesn’t make their actions any less unlawful. It just means that instead of unlawfully harassing the registered keeper, they can now unlawfully harass the driver.

What will they do to me?

They will send you a series of letters, then a debt collector and then a solicitor. The debt collector and solicitor are usually also the PPC, but using different headed paper. These will threaten you with all sorts of financial and legal unpleasantness, to intimidate you into paying.

But, they can't actually do anything, for the same reason that a blackmailer couldn't sue their victim if they didn’t pay.

What should I do then?

Continue to ignore everything you get from the PPC and their aliases. Yes, it does seem counter-intuitive to deal with something by ignoring it. Eventually, they will run out of empty threats to intimidate you with, and stop throwing good money after bad.

However, the letter to the hospital might just do the trick. Especially as the PPC has left them wide open to being sued by you under The Equality Act 2010.

give_them_FA

I really and truly hope that they will be idiotic enough to take this into the County Court.

Their pathetic claim will fail, but your massive counterclaim will succeed.

I doubt it will happen though, these people are always making promises they never keep.

saving_pennies

Thank you for your fast responses. I am reassured to hear you all agreed I should ignore the letters and also that you support my reasons for appealing. The legal info in everyday language is particularly helpful Stephen.

I was in debate about whether to send the appeal letter and know in doing so they know have my name and address. But I shall ignore this letter and any more they might send. Knowing myself I will probably feel worried with each letter but I will just keeping telling myself what is on this forum.

I wonder how these people get away with it? Surely if anyone needs to be taken to court it is them!


From what I've read, how do these people get away with it? Surely if anyone needs to be taken to court it is these people!

fil_cad

Just think of the money you have saved :money:spread the word about these parasites

Ellejmorgan

save yourself the hassle ignore always...

give_them_FA

Remember, although the amount due does increase... and increase... and increase... it then suddenly drops to £0.00 when they realise that you have got their number and realise it is all a scam, whereupon they clear off.

Coupon-mad

saving_pennies wrote: »

I was prepared to pay for parking but needed assistance due to the position of the ticket machine meaning I cannot get my wheelchair close enough! not to mention that the ticket machine was situated far away from the disabled bays, down a hill.

You describe clear disability discrimination! :eek:

This is an Equality Act 2010 breach because the hospital staff knew you were disabled and - because of their inaccessible machine - would need assistance to pay and display - now they are harassing/threatening you with Court, for not paying and displaying.

A shocking disability law breach by the hospital and its agent. You could sue them both for a tidy sum you know! And you would not need a solicitor or a pile of money to do so (not sure if legal aid would apply but you could ask at your County Court).

saving_pennies wrote: »

I also wrote to the security at the hospital in March to inform them of the situation and ask them to comment on the misinformation I was given and the lack of assessible ticket machine for wheelchair users, and I have had no response. I need to chase this up.

Any advice or suggestions welcome.

I would chase this up now (whilst ignoring the PPC's letters). Send your next response to the 'Equality Act Compliance Manager' at the hospital and enclose a copy of your previous letter to stop them denying it existed.

Point out that they have failed in their duty of care to you and are currently in breach of the Equality Act 2010. This legislation includes a requirement for public bodies to declare their compliance with the duty on an annual basis and to deal with complaints in a timely fashion. Since the latter has not happened in your case, and no attempt has been made to address the issue, they must be in breach of the compliance duty and you are minded to take this further.

Not only have they not addressed the issue of the inaccessible ticket machine at all, but they have not bothered to reply to your complaint. And worse, they have left themselves open to a Court claim from you for compensation as their parking agent has not been called off, but is in fact harassing you now and threatening Court.

Remind tham that harassment and victimisation is a specific issue covered by the Equality Act and you are considering your legal position. Require a response within 14 days.

give_them_FA

Sounds like a good sized payout to me. Shocking negligence from a hospital. Don't entirely ignore the PPC letters since you need to enclose them with your complaint as evidence of the harassment being carried out by their agent.

Though as Coupon suggests, don't reply to the PPC. You need to deal with the organ-grinder, not the monkey.

saving_pennies

Thank you for your responses.

When I sent the letter to the hospital security I paid extra so it had to be signed for, so I know they got the letter! I had meant to chase it up before, but to be honest, with a disability that restricts the amount of activity I can do this task fell of the radar until I got the reminder from the parking agency. I will definitely chase it up now. I will also write to the 'Equality Act Compliance Manager' as suggested - I assume the hospital must have one? I might call and find out if I can get a name. I guess there is no harm in sending it to the overall hospital boss if I can find out their details.

I shall keep all the PPC letters for future reference and evidence. I will mention the harrassment and victimisation. Not sure I want to sue the. I'm not looking for compensation, I just want the PPC to disappear. Plus it would be good if they hospital provided accessible parking ticket machines.

There is another sign I have seen at the hospital before stating the cars in the disabled bay who do not pay for parking will be towed away. I thought that cars displaying a disabled badge could not be clamped or towed away. I might be wrong and I've seen conflicting information on the internet. Does anyone know?