PCN PArking Services / Roxburghe appeal

Coupon-mad

Sorry I prepared this post while Stroma was posting but we are saying the same thing and you could offer a tenner on a 'without prejudice, save as to costs' basis.

I don't think the one you found, big_boss, is the right sort of template to use as that talks about PPCs - and the Hospital is not a PPC.

I would write something more tailored to this situation if you are definitely not going to pay the amounts they have 'offered'. Bear in mind their only way to try to enforce this will be for the NHS Trust to take you to small claims Court. So, please think long and hard about your employment situation before you dismiss the idea of paying (and I never normally say that!).

If you are certain you are going to continue to fight it then I would send the Trust something like this:



Dear Trust Parking Review group,

Re - .............
I refer to your letter dated xx May and require further information in order to consider my position. My issues with this are as stated below and as you have given me a mere 14 days to pay your 'lower offer' I would reasonably expect a reply within seven days to the following:

1 - If you are able to offer the PCNs at a reduced cost of £20 each and £50 for the third one, how does this reflect your loss caused by the parking event? On what basis was the original PCN amount calculated, what actual liquidated damages or loss, if any, resulted from the alleged breach of parking terms & conditions? Or are the PCNs designed as a deterrent, a penalty fixed amount which can be reduced on appeal?

2 - York Hospitals are signed up to the BPA 'Healthcare Parking Charter'. To purport to be signed up to a Charter or Code of Practice and then not to abide by it, is a breach of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) and this matter is without doubt causing me 'unnecessary anxiety'.

Please explain your reasons for failing to abide by these requirements of this Charter:

- Ensure any enforcement of parking terms and conditions is:
a) Fair, reasonable and legitimate
b) sensitive to the needs of people using the healthcare facility, and does not cause unnecessary anxiety for drivers and their passengers
c) carried out by members of the BPA Approved Operator Scheme or a local council using its regulatory powers.

The BPA have confirmed 'The Hospital are only members of the British Parking Association and not the Approved Operators Scheme (AOS) and therefore do not adhere to our Code of Practice and cannot offer POPLA the independent appeals service.'

As such, in order to comply with the Charter para 6(c), you should have appointed a member of the BPA Approved Operator Scheme to enforce the parking regime. By merely handing the PCNs over to a debt collector associate member (Roxburghe) and not a Private Parking Operator, you have denied me a chance to appeal the PCNs to POPLA, which would have been the case with any AOS member Operator.

- Provide clear and easy-to-understand signs and information including:
a) clearly marked vehicle routes and parking bays
b) clear signposting for pedestrians to the healthcare services and facilities
c) clearly stated parking charges, payment information and parking terms and conditions and how these are enforced
d) clear markings for specially designated parking bays and areas

I was not told at the time of issue of permit about which parking spaces am I allowed to park in, and this car park looked like any other. There were no clear signs to indicate I wasn't allowed to park there. The entrance to the car park prohibited parking for visitors only, and I ensured I was not parked on the 4 bays in front of which "Parking for Neurosciences only" signs were displayed.

I mentioned this lack of signage and lack of information about where a permit holder can park, in my last letter. None of this has been addressed at all in your reply, as it would have been if the matter had progressed to POPLA.

Please explain why you are operating the parking enforcement scheme outwith the BPA Healthcare Parking Charter and how this is 'fair, reasonable and legitimate'.

What steps are being taken to address this oversight?

Will you now belatedly offer POPLA to appellants such as myself, by now engaging a BPA AOS member Operator?

Did Roxburghe/PCN Services mislead you as to their BPA membership, which is merely as a debt collector, not a Parking Operator, and with no more ability to offer POPLA than you already have as a BPA member Hospital?

Did Roxburghe tell you that, following a long investigation, the OFT has decided to revoke their CCA licence, due to complaints about their company's non compliance with OFT rules & regulations? This is a fact and the information about the OFT's decision is in the public domain; Roxburghe are merely hanging on at present as they have lodged an appeal.

Will my PCNs be cancelled since they are being enforced outwith of the Healthcare Parking Charter and therefore in breach of the CPUTRS 2008?

3 - I have submitted a connected FOI request and was assured I would have received a response by now. Please expedite that response to enable me to make an informed decision about your continued pursuit of these 'PCNs'.

I expect to hear from you within seven calendar days, since time is of the essence and you have only given me 14 days from your letter, to consider paying the lower amounts.

yours faithfully,


xxxxxxxx

Stroma

I would go with Coupon's version if I was you she has a way with words

big_boss

Thanks! Do I need to send a copy to Roxburghe as well? I guess not....

Stroma

Ignore roxburghe for now

big_boss

I must say Coupon-mad, I'm really really impressed with your response! Thanks a ton for your help (cannot submit "Thanks" button more than once unfortunately)!!

big_boss

It's 2 weeks already and I haven't received any response from them. Nor have I received a response to my FOI request despite sending them a reminder.

Stroma

Just be patient, I guess they are trying to find a way out of the hole they have dug themselves into. In relation to the FOI request, when did it go in and when was the reminder?

big_boss

I sent the FOI request on 10th April, and received an acknowledgement on 11th. I was promised a response by 12th May. I then sent a reminder on 18th May, and received this response on 19th May:

I am sorry you have had to chase your response. We have part of the information in but are awaiting the financial details. I have escalated this morning and will contact you as soon as I hear back.

Sincerely

Stroma

There are time limits to FOI requests, but they have explained they are getting the info together, I would wait a little before going back to them

big_boss

I received an email from the hospital today:

You have raised several points in your most recent letter dated 14 May 2014 which I feel I need to address.

1) The PCN system is designed as a deterrent to prevent inappropriate parking on our sites. It is not primarily designed for income generation.

2) We uphold the requirements of the Code of Practice and believe that we do operate in a fair, reasonable and legitimate manner, we are sensitive to the needs of our users as demonstrated by the cancellations of two previous PCNs issued to yourself but cancelled on compassionate grounds on appeal.

3) Roxburghe are members of BPA Approved Operator Scheme. The Trust is not, that is why we operate as a landowner and offer an Appeal procedure to anyone who believes they should not have been issued a notice. You have not been denied the chance of an appeal on any of your PCNs.

4) We have provided clear and easy to understand instructions on our parking requirements. You were supplied with a Welcome letter, instruction page, tariff info and a coloured map detailing staff areas where you were issued a permit.

5) The Neuroscience car park is clearly marked for visitors to that Unit only and the area is not detailed on our maps for staff use.

6) Roxburghe did not mislead us as to their status as an Operator only and as PCNs do not class as a non-regulated debt this fact is irrelevant.

The PCNs will not be cancelled but you will be given a further 14 days to make payment as previously proposed. On the expiry of this period if payment has not been received the matter will be forwarded to the Debt Collector for action to be pursued through the civil court. The outstanding amount will revert to £50 for each charge notice plus costs.

You are strongly advised to take legal advice on this matter.