Hospital staff parking fines

devonlad

esmerobbo wrote: »

It's rather sad that health workers have to deal with all this crap over parking as well as some of the other difficult things they have to deal with in their work time.
I would wager the CEO has a reserved space!

Lol i wouldnt bet against you, of course they have there own space. I wonder if they pay like we do.

hollybean27

Won't bother anymore on this thread. Thankyou for all your advice.
Hol

RENEGADE_2

To both Dweeb and Hollybean.

You're both in the clear, the demands against you are unlawful and there is nothing to fear. If one ticket is not enforceable, neither are the next 4,000.

I ask that you let us know what is to happen as soon as you receive threatening mail OR if your employers get involved. It is essential we tackle that issue.

hollybean27

Thankyou Renegade, will keep in touch.
Hol

dweeb5

Possible contract??

I have a copy of the form all staff signed (and HAD to sign) to collect our parking permits. It has both Balfour Beatty and MidYorks NHS logo on the form, and by signing it we 'agree to the car parking code'. By agreeing to the code, we have agreed to pay a fine if we have not parked according to the rules- i.e. in a marked bay.

Does this agreement Hollybean and myself (and all staff) have signed, change anything with regard to the parking invoice?? I understand we could ignore it usually, and I would not be persistent on here if i hadn't signed something. However, I am worried that this DOES mean that there IS a contract between the PPC and myself... Any thoughts?

taffy056

Do they say its a fine ?

dweeb5

They call it a 'parking penalty notice'

The trust management also 'reserves the right to take further internal disciplinary action where the Car Parking Code is breached'

dweeb5

I have found the word fine in the code in paragraph regarding 'fine withdrawal'. In the rather threatening email I received at work she called the invoice a 'fixed penalty notice'. In the same email threat the invoice was referred to as a 'parking fine'...

taffy056

dweeb5 wrote: »

They call it a 'parking penalty notice'

The trust management also 'reserves the right to take further internal disciplinary action where the Car Parking Code is breached'

They are not going anywhere when they say that penalties are issued, also not paying a third party is nothing to do with them, it's akin to them saying if you refuse to pay a contested bill with Vodafone they will discipline you. You have a legal right to now contest these invoices through popla if your appeal is turned down. That is supposed to be independent and the bpa says if after the charge is not paid it must go to the small claims if they want to take it further. I think that this so called contract is grossly unfair and could challenged if disciplined through tribunal

Coupon-mad

All of those words prove that the amount is not a genuine pre-estimate of loss. So appeal the fake PCNs to the parking company, play the game, I would!

And then appeal to POPLA showing the copies of all the places where the amount was called a penalty or fine. In both appeals you'd be saying that under the BPA Code of Practice (read it) the amount of any 'ticket' can only be enforceable if i's a genuine pre-estimate of loss. Not revenue for the Hospital - which you suspect is the case here with a 'bounty' being paid - nor as a punitive amount which is against civil law.

If the cases get kicked out by POPLA then you've covered yourself from any discipline and reacted very reasonably throughout.

If the cases are not kicked out by POPLA then the only way for the company or hospital to pursue the amounts would be in the Small Claims Court - and you'll have already shown in your appeal that the amount is a random, unenforceable penalty. Again, that's the remedy the parking company can try but they'd lose.