Staff Parking at Hospital - TPS again - told where to park - ticketed anyway!

zoonyx

It's been a while, but the ticket eventually came through.

I've checked the latest advice from here and other threads, and come up with this. Could someone do a quick skim read and check I haven't made any major errors....

Dear Sirs,

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

Firstly, for clarity:

The driver will not be identified during this appeal process as this is not required under POFA 2012.

Appeal reason:

There has been no genuine pre-estimate of loss, the signage is poor/non-existant and is rendered null and void by a TPS representative repeatedly changing the terms of any parking contract verbally in person.

Background:

The vehicle was parked in an area of car park where your own TPS representative (with TPS uniform/fleece) had repeatedly advised it to be parked. While it is up to you to find out why your representative did (and still does) this, I would suggest when the car park is full, he appears to 'create' additional parking spaces when required. Again, for clarity, the car park was full when the car was parked, no other spaces were available, so the car was parked when the driver had been repeatedly told to park.

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. Any contract is rendered null and void following the verbal contract with the TPS representative on site. Therefore the charge is purely punitive, a penalty, and unlawful.

Finally, please note that your appeal process does not overrule that of the BPA's code of conduct or POPLA advice. The POPLA Newsletter (November 2013) states "Operators must, on every occasion, include the verification code in their rejection of representations. The recipient of the rejection should not have to ask for it."

Therefore please cancel the parking ticket immediately, or include a POPLA code in your response.

Thanks,

xxxx
Registered Keeper

Thanks!

da_rule

Looks good. On the bottom of the template appeal there is a bit about them being liable for your costs if they reject you appeal. That might be worth throwing in.

bod1467

Minor grammatical issue ...

no other spaces were available, so the car was parked when where the driver had been repeatedly told to park

zoonyx

Hi guys,

Thanks, all sent. Minor grammatical error was spotted before sending, but thanks for the spot - I was speed typing :P (or other poor excuse!)

zoonyx

30 days after the emailed appeal where the auto reply said they would get back to us within 35 days, we have received an email saying "thanks for your appeal, we will get back to you within 35 days".

Is there a limit to how long it can be dragged on?

ColliesCarer

BPA COP States
22.8 You must acknowledge or reply to the challenge within
14 days of receiving it. If at first you only acknowledge
the challenge, or your reply does not fully resolve it,
normally we would expect you to seek the additional
information you require from the motorist and accept
or reject the challenge in writing not more than 35
days after the information required to resolve it has
been received from the motorist. It is acknowledged
that in exceptional circumstances, an investigation into
a challenge may take longer than 35 days after such
information has been received and in these instances the
motorist must be advised accordingly and given a date by
which they can expect a resolution. If this date cannot be
achieved then the motorist must be written to again and
a revised resolution date agreed. We may require you to
demonstrate that you are keeping to these times

Umkomaas

zoonyx wrote: »

30 days after the emailed appeal where the auto reply said they would get back to us within 35 days, we have received an email saying "thanks for your appeal, we will get back to you within 35 days".

Is there a limit to how long it can be dragged on?

I'd write to the BPA (address in NEWBIES sticky) and ask them to investigate why a simple appeal cannot be dealt with in the prescribed timescale.

The more the BPA is brought into the picture about the reluctance of PPCs to get on with the job they need to do, the nearer we get to preventing motorists having to jump through wholly indefensible and artificially created hoops.

zoonyx

Should I reply advising them that I have contacted the BPA about the timescales?

Seems like basically they CAN take as long as they want, but I can moan to BPA if I want?

Umkomaas

zoonyx wrote: »

Should I reply advising them that I have contacted the BPA about the timescales?

Seems like basically they CAN take as long as they want, but I can moan to BPA if I want?

Why not. It can't do any harm for them to be aware that you're not going to be any tame pushover.

I'd write a 'strong' complaint to BPA and copy that in with your letter to the PPC!

Coupon-mad

zoonyx wrote: »

Should I reply advising them that I have contacted the BPA about the timescales?

Seems like basically they CAN take as long as they want, but I can moan to BPA if I want?

All complaints to the BPA are worth a pop, as you never know how close to sanctions or expulsion a PPC might be. I reckon ANPR Ltd must have been teetering for months, for example, what with all their shenanigans. I realise yours are TPS but complain away, mud sometimes sticks and their delay isn't justified.