PCN PArking Services / Roxburghe appeal

Coupon-mad

Ask them the amount of liquidated damages or actual loss claimed in the form of 'PCNs' in the past 12 months (say April 2013 to March 2014).

And then ask if no loss involved, please can they show the amount claimed in penalties/fines for these PCNs in that 12 month period.

Ask how much of the PCN revenue (use that word) is retained by the Trust and how much retained by a parking company or debt collector.

big_boss

Thanks! Have just emailed them this:

Dear Sir / Madam,

I will be grateful if you could provide me with the following information in relation to York Hospital:

1) The number of staff and visitor car parking spaces as of August 2013 (please give separate figures for staff as well as visitor spaces).

2) The number of staff and visitor car parking spaces as of January - March 2014 (please give separate figures for staff as well as visitor spaces), and thereby the number of spaces reduced due to building and construction works.

3) The amount of liquidated damages or actual loss claimed in the form of Parking Charge Notices (PCNs) in the past 12 months (April 2013 to March 2014).

4) If no loss involved, please can you show the amount claimed in penalties/fines for these PCNs in that 12 month period?

5) How much of the PCN revenue is retained by the Trust and how much retained by the parking company or debt collector?


Thank you.

big_boss

I haven't received any correspondence from the hospital, or PCN, or Roxburghe as yet. I have been promised a response to my FOI request by next week.

big_boss

Not received anything so far, despite being promised a response by 12th May. I haven't received any response from the hospital or PCN / Roxburghe yet.

big_boss

I received a letter from the hospital today, who have reviewed my case, and have agreed to reduce the fine to £20 each for 2 tickets, and £50 for 1 ticket. I have been asked to pay within 14 days.

I've sent a reminder to respond to my FOI request.

big_boss

What should I do next?

Coupon-mad

big_boss wrote: »

I received a letter from the hospital today, who have reviewed my case, and have agreed to reduce the fine to £20 each for 2 tickets, and £50 for 1 ticket. I have been asked to pay within 14 days.

I've sent a reminder to respond to my FOI request.

Can you show us the letter please? Do they call them 'fines'?!

big_boss

The Hospital's letter says this:

The Trust Parking Review group have met and re-considered your recent appeal regarding 3 PCNs issued to you recently.

After discussing the points raised in your letter, they have agreed to allow the contracted company to offer you the following:

That PCNs 1 and 2 will be charged at the lowest cost of £20 each.

That PCN 3 would be charged at £50 the cost reached at the time of your appeal.

The goodwill gesture would be in full payment for the outstanding issues but would be subject to a 14 day offer period from receipt of this letter after which or should you decline to accept, the full charges would be re instated.

I also received a letter from Roxburghe:

In regards to the outstanding account above, we have been instructed by our client, Hospital, that an appeal has been made and received in reference to PCN 1.

We have been instructed to offer the lowest balance of £20 to be made to Roxburghe UK Ltd within 14 days. Our client has asked us to emphasise to you, this is a goodwill measure that should you choose not to accept, will be immediately withdrawn and all original costs will stand.

We trust the above clarifies the situation and would urge you to contact us on 01932332048 to resolve this matter.

What should I do next?

So, if this car park is not a BPA approved operator, can I still ask for actual losses?

big_boss

I found a template online. Would this do?:

Dear Sir/Madam



I am writing in final response to your claim for £xyz supposedly due in relation to Parking Charge Notice 123456, issued on DATE.

You are probably aware Private Parking Companies rely on the law of contract as the basis for claiming and enforcing penalty notices. This differs from notices issued by police or local authorities that are issued pursuant to the Road Traffic Act 1991.

The long established remedy for breach of contract is damages and the measure of the same is to put the injured party in the same position had the breach not occurred. Clearly, therefore in this instance there is no loss amounting to £xyz (put the amount they are claiming), as the parking is free. It is trite law (Wilson v Love 1896, Dunlop Pneumatic Tyre v New Garage Motor 1915 et al) that you cannot charge a penalty for breach of contract, i.e. where the sum bears no relation to the potential loss.

I am not the only driver of the vehicle and require proof that it was myself driving at the time of the alleged offence.

Additionally, the Unfair Terms in Consumer Contracts Regulation 1999 and related Statutory Instrument 1999 No. 2083, in particular at section 5 states that unfair terms are:

(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

There is also the Unfair Contract Terms Act 1977 that states in section 4 that:

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

(2) This section applies whether the liability in question –

(a) is directly that of the person to be indemnified or is incurred by him vicariously;

(b) is to the person dealing as consumer or to someone else.

Clearly the charging of £xyz is wholly unreasonable.

We have no intention of wasting any more time corresponding with you. If you continue to pursue the matter this will constitute an offence under the Protection From Harassment Act 1997.

Due to the way in which you have harassed me in this matter, as well as the supposedly official nature of your alleged “PCN” I am considering reporting the matter to the police pursuant to Section 40 of the Administration of Justice Act 1970, that states, it is an offence to coerce another person to pay money claimed from the other as a debt due to under contract if he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(c) falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

Again, as this is a breach of contract claim I am only liable to compensate you for ACTUAL LOSS. As parking was free for 2/3/4 (amend as necessary) hours, you have not suffered a loss of £xyz .

I look forward to your written confirmation that the ticket has been withdrawn.

Regards

Stroma

No don't send the above to them as a lot is not relevant. I would write back to the hospital on a non prejudice basis. Something like this

Dear Hospital

Thank you for your correspondence regarding the 3 invoices received from you. I would like to offer on a non prejudice basis £10 per ticket, this is based on the admin costs to the hospital. This is a goodwill gesture to the hospital as it's meant to put you back into the position you were in , and that reflects your costs.

If you reject this offer please explain fully in writing your losses in this matter, I need to remind you that you can only claim for losses, you cannot profit from this situation.

I look forward to your response.

The registered keeper