Parking charge from ParkingEye - Hospital car park

Froogle_Doogle

My dad received a parking charge from ParkingEye last week because he'd stayed in a hospital car park for longer than the free 20 minutes that you are allowed. He stayed over by 16 minutes at 4am in the morning. This was captured by CCTV.

I told him to ignore the parking charge but I've just stumbled across newer threads that are now saying that you can no longer ignore these charges and must appeal?! When did this change? And has anyone won an appeal against a hospital?

Just read on adviceguide.org.uk that "The parking company must also make it clear that CCTV is being used, under the CCTV code of practice issued by the Information Commissioner’s Office." It was the middle of the night, and dark. My dad would not have seen any signs showing that CCTV was being used, especially as he was rushing my sister into maternity to give birth.

Should there be a 'reasonable grace period'?

I'm thinking that I should probably get him to challenge the charge rather than ignore it?

Stroma

Hi there

A few questions

Is this in England or Wales ?
Is your dad considered disabled under the Equality Act 2010?
Is he the registered keeper?

Froogle_Doogle

Thanks for your reply.

It's in England.
I think he has a blue badge of some sort, I will check tomorrow.
And yes he's the registered keeper.

Stroma

Well as he is disabled whether he holds a badge or not, both the hospital and parking eye are in breach of the Equality Act, make complaints to the nhs trust, their first duty is to their patients, tell them that you are minded to sue them for their breach.

With parking eye make an appeal on not seeing the signs and a blue badge was display, basically any mitigating circumstances. They will turn that down, so the second stage is to popla with our help, please don't do that alone

Froogle_Doogle

Can I ask why the advice has changed from 'Ignore' to 'Challenge?'.

Coupon-mad

Froogle_Doogle wrote: »

Can I ask why the advice has changed from 'Ignore' to 'Challenge?'.

Because the PPCs started to get litigious this year and PE are the worst at the moment with thousands of small claims aimed at 'ignorers'. And at the same time, we were finding we had learnt after trial and error, how to win POPLA appeals by the Spring 2013. We now win 100% of the time against PE, have a laugh by reading back from the most recent posts on the 'POPLA decisions' sticky thread at the top of the parking board, look how often a new victory over PE is posted!!

Loads of Hospital threads on here if you scroll back looking at thread titles:

https://forums.moneysavingexpert.com/discussion/4763643

Just put the single keyword 'Hospital' into the 'search this forum' heading on the right next to 'forum tools', when you are looking at the first page of the parking board (one click away, see my signature).

There are also dozens of threads where I have explained how to complain & appeal about disabled people being accused of overstaying. Here's one I typed a while back on pepipoo where I post as SchoolRunMum:

http://forums.pepipoo.com/index.php?showtopic=79515&st=0

You can use the same complaint letter as your challenge to PE, just by changing the heading to clearly state 'Appeal against PCN xxxxxxx' and tweaking the words a bit, to suit.

nigelbb

Froogle_Doogle wrote: »

Can I ask why the advice has changed from 'Ignore' to 'Challenge?'.

Apart from some PPCs taking thousands of people to court there was also a new law introduced last October. Prior to POFA 2012 only the driver could be pursued through the courts for unpaid parking charges & the PPC had no idea who the driver was unless they were told (usually by the driver if they foolishly appealed). Now if certain procedures & timescales are followed the PPC mat be able to pursue the keeper of the vehicle if they don't know who the driver was. The DVKA sell the registered keeper's details to the PPCs for£2.50 a pop.

Finally, previously appealing the parking ticket to the PPC was pointless as it would invariably be refused (this is still generally the case) but there is a new semi-independent appeals body called POPLA who the driver or keeper can appeal to & win.

Froogle_Doogle

Sorry, checked today and my dad does not have a blue badge. he had one last year when he had a bad back but that is all sorted now

So upon what grounds could he appeal? The hospital allows 20 minutes free parking. He rushed there in the middle of the night with my sister who had gone into labour. Obviously he was pre-occupied and didn't see any signs about CCTV. I think he knew about the 20 minute rule but obviously it took longer to get my sister into hospital and to get seen to, and it probably slipped his mind. He did not need to stay and so left after 35 minutes or so, resulting in this 'fine'.

Any advice on writing the initial appeal to ParkingEye?

Coupon-mad

Froogle_Doogle wrote: »

Sorry, checked today and my dad does not have a blue badge. he had one last year when he had a bad back but that is all sorted now

So upon what grounds could he appeal? The hospital allows 20 minutes free parking. He rushed there in the middle of the night with my sister who had gone into labour. Obviously he was pre-occupied and didn't see any signs about CCTV. I think he knew about the 20 minute rule but obviously it took longer to get my sister into hospital and to get seen to, and it probably slipped his mind. He did not need to stay and so left after 35 minutes or so, resulting in this 'fine'.

Any advice on writing the initial appeal to ParkingEye?

It doesn't matter if he had a Blue Badge or not if he is elderly or has any chronic medical condition. Does he have any ongoing symptoms or likelihood of a continuing back problem, or any other condition?

Froogle_Doogle

He is approaching 70, and has a bit of a dodgy knee and a thyroid issue.

Coupon-mad

Froogle_Doogle wrote: »

He is approaching 70, and has a bit of a dodgy knee and a thyroid issue.

Then the advice Stroma and I already gave you still stands. Those conditions (and the back condition, if likely to recur) all meet the 'definition of disability' in UK law.

Stroma wrote: »

Well as he is disabled whether he holds a badge or not, both the hospital and parking eye are in breach of the Equality Act, make complaints to the nhs trust, their first duty is to their patients, tell them that you are minded to sue them for their breach.

With parking eye make an appeal on not seeing the signs and... basically any mitigating circumstances. They will turn that down, so the second stage is to popla with our help, please don't do that alone

Complaint/challenge to PE and copy in the Hospital Facilities Manager; base it around the sort of complaint I linked for you above.

He must write as the registered keeper only (not implying who was driving) and tell them about ''the driver's'' {third person} recent medical history of a chronic back condition, continuing/current knee problems affecting his mobility and a thyroid condition. Specifically mention the Equality Act 2010 and the fact it's actually disability discrimination to impose the same time limit before parking charges kick in, for disabled/mobility affected people. {No Blue Badge needed}.

And he must add something that also acts as an appeal about what PE did wrong; so add that the signs were not well-lit at 4am and far too high to actually read and agree to any contract. The fact is that 'the driver' saw no signs as it was the middle of the night and he was rushing his daughter into maternity to give birth, clearly could not have just abandoned her and 'the driver' moved the car as soon as was practicable.