Mr McDonald

Coupon-mad

Davidmc1948 wrote: »

Hi I am sorry that I may be causing a complicated or hard to understand situation firstly I have appealed to PE against the Fake PCN I still have not heard from them although it is still in its infancy there has been approx 14 days gone by at the moment but my worry is that at the moment the trust seem to be adamant that registration is a must to qualify for free parking they have however advised me that if I receive a PCN then I should contact the Trust or PE.
This is what I received today from the trust:
Blue Badge Holders do not automatically qualify for free parking everywhere, however this Trust does allow free parking on condition that they register their badge and car details with us. If a person is a blue badge holder and they receive a PCN they would need to contact us or ParkingEye Ltd.

Now it seems that the trust and not the hospital where the PCN occurred are who you contact
also when you register the Blue badge and the vehicle you are attending hospital
in you can park free but should you attend the hospital in an other vehicle
you have to register that vehicle also to qualify for free parking with your Blue Badge,
I know that I have to contact the trust and give them the evidence but a disabled
person should not have to go through all this palava, I am also worried about the
repercussions my wife will get for the the hassle I cause.

There will be no repercussions and I agree you should not have to go through all this palaver!

But the risk you are taking if you don't send a copy of the Blue Badge, or miss your POPLA appeal deadline in the end (or blow your chance with a weak POPLA appeal without asking for advice here first!!) is that PE may well choose your case for small claims court. Why would you risk that stress when you can simply get it cancelled following our advice?

Complain to the Facilities or Estates Manager at the Hospital as well as whoever you have already contacted there. And even though it's a palaver, to avoid court play the game their way a bit, send the Badge and ask the Estates or Facilities Manager to cancel this charge as it causing you distress and is actually an example of indirect discrimination.

As I have already explained and given you the wording for above, a blanket policy like theirs can cause indirect discrimination - and in your case it has done = illegal.

Davidmc1948

Hi can I firstly thank all who gave me some very good and sound advice which I took after a few kicks up the rear end Thank you all, secondly as a result of taking the advice I contacted the Estates manager of the Trust involved the manager was reluctant to cancel the PCN unless I gave her permission to put the Blue Badge # on their data base which I refused because it is not my Blue Badge, I also pointed out to her that they are breaking the EA 2010 act which she never gave me an answer instead she passed me over to another department, the lady at this department also wished to put my wives Blue Badge info on the data Base I again refused as I was not given permission to do so she said it should be done before my wives next hospital visit, the question also arose about the reporting of each and every vehicle my wife arrives at the hospital in I told her it was total rubbish a scheme such as this was stupid as anyone can quote a Blue Badge # and then gain free parking she said it's not the blue badge that is checked it is the vehicle the mind boggles, she then went on to inform me that you are allowed to register up to 5 vehicles I thought that's a joke in its self, she did however after I told her about the signage being inadequate that there is new signage on order after her futile attempts to allow her to record the Blue Badge she agreed to cancel the PCN but it was in my opinion after struggle.

Thank you all:beer:

Stroma

Happy that they have cancelled this for you, they appear to be slightly nuts in the way they are handling this, they will come a cropper eventually when they come across someone who will take this to a court

Umkomaas

Well done Mr Mac :T

I think Coupon-mad will be interested in this from 2 angles - complaining to a landowner and the Equality Act.

A possible place in her Hall of Fame?

Coupon-mad

Davidmc1948 wrote: »

Hi can I firstly thank all who gave me some very good and sound advice which I took after a few kicks up the rear end Thank you all, secondly as a result of taking the advice I contacted the Estates manager of the Trust involved the manager was reluctant to cancel the PCN unless I gave her permission to put the Blue Badge # on their data base which I refused because it is not my Blue Badge, I also pointed out to her that they are breaking the EA 2010 act which she never gave me an answer instead she passed me over to another department, the lady at this department also wished to put my wives Blue Badge info on the data Base I again refused as I was not given permission to do so she said it should be done before my wives next hospital visit, the question also arose about the reporting of each and every vehicle my wife arrives at the hospital in I told her it was total rubbish a scheme such as this was stupid as anyone can quote a Blue Badge # and then gain free parking she said it's not the blue badge that is checked it is the vehicle the mind boggles, she then went on to inform me that you are allowed to register up to 5 vehicles I thought that's a joke in its self, she did however after I told her about the signage being inadequate that there is new signage on order after her futile attempts to allow her to record the Blue Badge she agreed to cancel the PCN but it was in my opinion after struggle.

Thank you all

Well done, and I agree with every point you have made. Their system discriminates against genuine disabled people and is so open to abuse it's sad but almost laughable!

I have added your success to the 'Hall of Fame' sticky thread about complaints re PPC scams:

https://forums.moneysavingexpert.com/discussion/4766249

Davidmc1948

martmonk wrote: »

This may or may not be Northumbria but I have received a pre appointment leaflet from them which states you must register the vehicle on or before the visit by phone to parking eye, by completing the form that came with the leaflet, or online.

I assume that this actually makes no differece and they are still breaking the BPA code of practice?

I also wondered if this leaflet was an attempt to prevent any appeals on the basis of not having clear signage. If they've told you beforehand then does the signage argument still apply?

I have sent an email to the address provided which is [EMAIL="carparking@northumbria.nhs.uk"]carparking@northumbria.nhs.uk[/EMAIL] simply asking why they are exploiting their vunerable clients and subjecting them to the harrassment which is commonplace with Parking Eye. I also asked for a copy of the contract under FOI.

Depending on opinion on the leaflet here I might tell them that they (PE) are in fact breaking their own code of practice regardless of what information is sent prior to hospital visits.

Hi Martmonk as you are probably aware my issue was with Northumbria Healthcare and I must add it still is because although I have successfully had my PCN cancelled it still does not alter the fact that with evidence and replies I have received on the thread here on the forum it is against the EA 2010, I have now put the matter in the hands of my MP and have had a reply he has stated that he has put it in the hands off the Chief Executive of the NHS can I ask all the members who have or had a problem with Health care Trusts to contact their MPs and put your concerns to he/she about this matter or would someone suggest that it is better to wait until I have had a reply from my MP

martmonk

Davidmc1948 wrote: »

Hi Martmonk as you are probably aware my issue was with Northumbria Healthcare and I must add it still is because although I have successfully had my PCN cancelled it still does not alter the fact that with evidence and replies I have received on the thread here on the forum it is against the EA 2010, I have now put the matter in the hands of my MP and have had a reply he has stated that he has put it in the hands off the Chief Executive of the NHS can I ask all the members who have or had a problem with Health care Trusts to contact their MPs and put your concerns to he/she about this matter or would someone suggest that it is better to wait until I have had a reply from my MP

Good for you. I'm awaiting a response from Steven Bannister who is the Director of Estates Management for the trust (so all three hospitals - North Tyneside General (AKA Rake Lane), Wansbeck General and Hexham General). He acknowledged my email but has said he will provide a formal response in writing by email - that was the 17th, nothing yet.

I have had my freedom of information request acknowledged and am awaiting sight of it - or notification that there is a cost which resets the 20 days they have to provide it.

I have also posted on patientopinions https://www.patientopinion.org.uk/opinions/112873 where I direct people here and to pepipoo. I also ask some questions which I hope will be answered by Annie Laverty or her team (Director of Patient Experience). - Note the wording I have used is entirely deliberate.

Coupon-mad

Well done on escalating this complaint, both of you, someone needed to!! This thread explains how the Hospital & PPC has IMHO specifically breached statute:

https://forums.moneysavingexpert.com/discussion/comment/63093868#Comment_63093868

...saves me typing it all out again - but could be useful if you get a useless reply at first. Such blanket polices with no reasonable adjustment for disabled people are unlawful (indirect discrimination).

martmonk

so as mentioned earlier on the thread I have 3 lines of enquiry ongoing here.
There was progress on all three this week.

1st on FOI my request was for a copy of the contract and details of any profit sharing. I received a response this week saying there is no profit share but making no reference to the contract. I have replied stating my displeasure at the response and asking for the contract again.
I have the option to complain to the information commissioners office as a next step should the information not be forthcoming.

2nd the aforementioned Mr Bannister replied saying that the decision to employ PE was taken after meetings etc with his team, the exec managment team and the trust board. His response to the EA breach question was to quote from the BPA which makes me think that PE provided the response. He specifically said "My view is, that there is not a breach of the code as the concession available is not available on the basis that the “vehicle displays a valid Blue Badge” but is actually conditional on the registration of that vehicle via our permit system, as we cannot reasonably know that the vehicle belongs to a disabled person, unless it is registered. "

I have responded using C-M's template mentioned above. I've insisted that he share it with the executive managment team and the trust board.

3rd the post I made here https://www.patientopinion.org.uk/opinions/112873 has a response. You'll find the terminology interesting - I wonder if this alone would be grounds for every appeal relating to these three hospitals to succeed?

Regardless none of my q's have actually been answered so I've re-asked them. I will post as a separate question if they remain un-answered.

More updates as and when.

Iceweasel

Re item #3

I note that Annie Laverty refers to 'penalty' several times and even calls it a 'fine' at one point.

That show us exactly how much understanding she has of the reality of what the Trust has done.

Keep up the good work - don't let them off the hook.