Staff Parking at Hospital - forgot to display permit. TPS Ticket. Ignore or appeal?

zzzLazyDaisy

zoonyx wrote: »

Will endeavour to stick around and keep this thread updated!

Do come back and post the draft POPLA appeal here before sending so the regulars can check that you have covered all bases. Don't go it alone as those appeals have an increased chance of failing owing to lack of understand by the motorist as to what makes a successful appeal (hint appeals to POPLA based on mitigating circumstances are pretty much guaranteed to fail).

zoonyx

Hi,

Thanks again for the info.

It's 14 days not 7 - my mistake. Currently still at the PCN on window stage. As per instructions we will do nothing until the notice to keeper arrives.

I've got some reading to do!!

Stroma

You've still not said who the RK of the vehicle is, can you provide that ?

Thanks

zoonyx

Stroma wrote: »

You've still not said who the RK of the vehicle is, can you provide that ?

Thanks

Apologies - my girlfriend is the RK. I'm nothing to do with the car, or her worksplace - I'm just the more militant against these cowboys, though she found this site and asked me to post, and I'm glad I did since I assumed the correct course was ignore.

It's all good - everything in writing. I'll post back when the NtK arrives, and right now I'm reading through loads of threads. Struggling to find a template for the first appeal though - any suggestions? (I'm aware it'll need rewriting, but it's still a start)

Stroma

Ok follow the advice already been given in the thread

zoonyx

Stroma wrote: »

Ok follow the advice already been given in the thread

Cheers Stroma,

Have edited the thread title to make it easier for others to find.

Umkomaas

zoonyx wrote: »

Apologies - my girlfriend is the RK. I'm nothing to do with the car, or her worksplace - I'm just the more militant against these cowboys, though she found this site and asked me to post, and I'm glad I did since I assumed the correct course was ignore.

It's all good - everything in writing. I'll post back when the NtK arrives, and right now I'm reading through loads of threads. Struggling to find a template for the first appeal though - any suggestions? (I'm aware it'll need rewriting, but it's still a start)

Something like this - it doesn't have to be detailed, its prime aim is to hook a POPLA code as it's highly unlikely that any initial appeal to a PPC is going to get a cancellation.

NOTE - THIS IS ONLY FOR USE AFTER RECEIPT OF THE NtK, NOT BEFORE

PCN No
VRM No
Today's Date

To whom it may concern

The Registered Keeper of the above vehicle denies any liability for the unenforceable charge detailed in the above Parking Charge Notice.

The charge does not represent any form of loss to you or the hospital trust as the vehicle is (and was at the time) covered by a fully paid for permit, and therefore the charge is purely punitive, a penalty, and unlawful.

A copy of the permit is enclosed as proof.

Please confirm acceptance of this challenge and cancel the charge, or provide a POPLA verification code where a vigorous and robust challenge will be mounted.

No further correspondence will be entered into with you on this matter. If nothing further is received from you within 35 days of the date of this letter, it will be assumed the challenge is accepted and the charge cancelled.

Yours faithfully

Print Name
Sign with a squiggle (no need for a proper signature - identity theft alert)

zoonyx

^ Spot on mate, cheers.

(I've read the bolded section!)

I will attempt to keep the thread up to date so it can act as a timeline of events for others to follow.

zoonyx

Sorry - me again!

My GF has been looking for the trust's parking policy. Well hidden, but eventually came up with the quoted section below:

When a "parking charge notice" is issued, a driver may appeal if they feel the circumstances in which the PCN was issued were unfair or incorrect. The details of how to appeal are to be found on the back of the parking charge notice. The appeal must be made to Total Parking Solutions (TPS), not the Trust.
· If TPS receive an appeal, they will consider the information and notify the driver if the appeal is upheld or not.
· If TPS do not uphold the appeal, the driver may appeal for a second time, and at this stage TPS will seek a decision on the appeal from the Trust. A second appeal will consider if the decision reached in the first appeal was fair and in accordance with the
· To appeal at the second stage drivers must provide written supporting information as to why the findings of the first appeal are considered incorrect. The grounds for a second appeal cannot simply be disagreeing with the outcome of the first appeal.
· For staff members, the second stage appeal will be reviewed by a panel consisting of a Facilities Manager and a Staff Side Representative.
· For visitors, members of staff from other organisations and all other drivers, the second stage appeal will be reviewed by 2 Facilities Managers, including one from another site to where the PCN was issued.
· The panel will notify TPS whether the appeal is to be upheld or not
· TPS will then notify the individual if their appeal is upheld or not
· The second stage appeal and subsequent decision is final

My first thought was that this is out of date, and their own appeals process cannot overule the NtK --> TPS Appeal --> POPLA Code response --> POPLA appeal process.

Can anyone confirm my thoughts?

She'd also like to know whether its worth appealing to the Trust (as well), or just keep things simple and stick to POPLA.

Umkomaas

If the PPC is pursuing this under PoFA (ie pursuing the Registered Keeper) then the formal second stage appeal is to POPLA, not the hospital.

Appealing to the hospital in isolation will eat up the 28 days available, from the date of the PPC's rejection (which must include a POPLA code), for the motorist to appeal to POPLA, thereby 'timing out' with no second chance.

I think it remiss of the hospital not to include the POPLA position in the procedures (no doubt 'advised' by the PPC?).

Definitely appeal to POPLA, there's a far greater certainty about that route. But there's absolutely no reason why the 2 appeal routes cannot be used simultaneously. Now wouldn't that be an interesting scenario - turned down by the hospital appeals board, appeal upheld by POPLA.

Please encourage her to do both in parallel.