Parking Eye - PCN -Hospital Car Park -advice sought

Guys_Dad

bazster wrote: »

Complete red herring, I never mentioned legislation. Hospitals and health care professionals have a common law duty of confidence, just as they did for decades (centuries!) before the DPA was enacted.

Your apology is accepted.

Well let me be clearer. As and when a NHS trust, or hospital have their wrists slapped on the grounds that by allowing PE to write to the RK and this may breach patient confidentiality, then I will apologise willingly. Until then, I fear not.

Of course, when I walk into a hospital waiting room I will demand privacy as well from the moment I enter as if they fail to provide this, then my privacy will have been intruded upon as one of my neighbours may be in the same waiting room.

salmosalaris

In that scenario no personal identifiable information is being disclosed by the hospital so there is no issue . The question is whether it is in the scenario we are discussing and if so is disclosure of it justified . That is maybe open to interpretation
If it is deemed to be then disclosure would generally require the consent of the patient

nigelbb

Attending a hospital outpatient department is hardly a massive secret. It's not very confidential to be sitting in the waiting room among dozens of strangers (or perhaps neighbours) & having your name called out. Those strangers (or perhaps neighbours) will even be aware of the general area of complaint that the patient may have as they are all sitting there waiting to see the cardiologist or gynaecologist etc.

STD clinics may be more conscious than other specialities about discreet attendance but even there strangers (or perhaps neighbours) may well spot the patient walking through the clinic door.

Coupon-mad

I still don't think a Hospital Agent can send photos 'home' about the visit. What if a husband was there having an STI test or a wife was having a pregnancy test, AIDS test or anything really that they'd expressly not divulged?! But never mind, this OP has the Equality Act breach to use and for once, it's a tangible one about a dodgy inaccessible keypad that even the most dozy PE employee/Hospital manager/the BPA would realise is actually discriminatory.

NeverEnough

I have done the following letter which I want to post in the next day or two, please comment and advise- much appreciated!



Dear PE

PCN number xxxxxxx

As the registered keeper, I have received your parking invoice dated 12 June 2014 in respect of an incident dated .. June 2014 at ABC Hospital. I wish to invoke your appeals process, since all liability to your company is denied.

1. The driver (who was not me) used my car to go to a hospital appointment following recent surgery. Parking was paid for (see attached copy of the receipt obtained from your machine.)

Unfortunately the keypad did not register the first two digits (the car has a 7 digit numberplate, comprising 3 letters and 4 numbers - the first two letters are identical - as it came from a Northern Ireland dealer but is registered in England). The receipt shows the numberplate as X1234 instead of ZZX1234. Due to the very poor access, quality and design of the keypad , disabled and/or elderly people are placed at considerable disadvantage when attempting to input the number.

Your company has, in a recent Court Document, made the following statement:

" ParkingEye does check to ensure that we do not issue charges to motorists if it appears as though a slightly incorrect registration has been
entered. However in this case there is no similar registration recorded on our system. "

This was signed by your Jonathan Langham.

I suggest you check your records again, as ZZX1234 is very similar indeed to X1234 particularly as the time stamps clearly co-incide clearly with the time noted on your photos.

In addition, and importantly, contrary to best practice under the Equality Act 2010, you have installed at a Hospital, in this case, ABC Hospital, a very small, difficult to use keypad in a barely accessible position if you have a physical disability or are elderly /infirm. In the driver's case, she has a degenerative condition which made using your keypad difficult so I suggest you should cancel this ticket immediately, given that the appropriate fee was paid to you at the correct time, and in fact, was overpaid as your machines provide no change.

Also, you must now consider this a formal complaint under the Equality Act 2010 which you must raise with the Hospital as well. If a disabled service user has difficulty using your keypad you have a statutory duty to consider changes to make the operation more accessible, particularly at a Hospital. I will complain to the Hospital Facilities Manager if you do not cancel the PCN and respond with the outcome of your disability complaint review. I will also escalate the complaint within the Hospital and within the BPA Ltd., if I do not receive a proper response about this disability complaint and what changes you intend to make to address the inaccessible, small keypad. This is not merely a case of cancelling the PCN, although that is of course expected - this is about making a reasonable adjustment to the ticket machines you have chosen to install which are not fit for use by a disabled person.


Also:

2. The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner

3. You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Ensure that a POPLA code is supplied should you choose to reject the above, in addition to the information requested.

NeverEnough

Revised Letter:

[FONT=&quot]Dear Parking Eye

PCN number xxxxxxx

As the registered keeper, I have received your parking invoice dated June 2014 in respect of an incident dated June 2014 at A Hospital. I wish to invoke your appeals process, since all liability to your company is denied on the following basis: [/FONT]

[FONT=&quot]EQUALITY ACT 2010[/FONT][FONT=&quot] : [/FONT][FONT=&quot]

1. The driver (who was not me) used my car to go to a hospital appointment following recent surgery. Parking was paid for (see attached copy of the receipt obtained from your machine.)

Unfortunately the keypad did not register the first two digits (the car has a 7 digit numberplate, comprising 3 letters and 4 numbers - the first two letters are identical - as it came from a Northern Ireland dealer but is registered in England). The receipt shows the numberplate as X1234 instead of ZZX1234. . Due to the very poor access, quality and design of the keypad , disabled and/or elderly people are placed at considerable disadvantage when attempting to input the number.

Your company has, in a recent Court Document, made the following statement:

" ParkingEye does check to ensure that we do not issue charges to motorists if it appears as though a slightly incorrect registration has been
entered. However in this case there is no similar registration recorded on our system. "

This was signed by your Jonathan Langham.

I suggest you check your records again, as ZZX1234 is very similar indeed to X1234, particularly as the time stamps clearly co-incide clearly with the time noted on your photos. The driver did press the Z digits as required at the beginning of the registration number, but your equipment failed to operate or register this.

In addition, and importantly, contrary to best practice under the Equality Act 2010, you have installed at a Hospital, in this case, A Hospital, a very small, difficult to use keypad in a barely accessible position if you have a physical disability or are elderly. The driver has a degenerative physical condition and was post-surgery, which made using your keypad extremely difficult so I suggest you cancel this ticket immediately, given that the appropriate fee was paid to you at the correct time, and in fact, was overpaid as your machines provide no change.

Also, you must now consider this a formal complaint under the Equality Act 2010 which you must raise with the Hospital as well. If a disabled service user has difficulty using your keypad you have a statutory duty to consider changes to make the operation more accessible, particularly at a Hospital. I will complain to the Hospital Facilities Manager if you do not cancel the charge and respond with the outcome of your disability complaint review. I will also escalate the complaint within the Hospital and within the BPA Ltd., if I do not receive a proper response about this disability complaint and what changes you intend to make to address the issue of the poorly accessible, small keypad. This is not merely a case of cancelling the PCN, although that is of course expected - this is about making a reasonable adjustment to the ticket machines you have chosen to install which are not fit for use by a disabled person.

CONTRACT LAW

Also, kindly note the following pertinent issues as well:

2. The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner

3. You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue a cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state the following, as detailed below, and must also provide me with a POPLA Code reference in order for me to progress this matter.

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).[/FONT]

[FONT=&quot]In this case, your response will need to address both the Equality Act 2010 issues identified above in paragraph 1. as well as the civil contract laws related to parking in Paragraphs 2 and 3. [/FONT]

[FONT=&quot]I await your response.[/FONT]

bod1467

Did C-m help you with that?

NeverEnough

bod1467 wrote: »

Did C-m help you with that?

:D:D:D. C-M is a legend, as are the other stalwarts on this board!

NeverEnough

Posted the Parking Eye "appeal" off today, as above........first class, proof of postage obtained but NOT sent recorded or special delivery. would have done it online as well, but was obviously too long for their puny IT system, which only allows 3000 "characters".

Also raised complaint via PALS with the hospital and had an initial response that it had been sent to the relevant office today.

So, watch this space for the next update!

NeverEnough

Well that didn't take long then. Received a threatening "Reminder" to cough up before the charge increased day before yesterday, then today a short, unsigned letter arrived claiming to be from the "Parking (sh) Eye (ster) team announcing that "on this occasion we will as a gesture of goodwill be cancelling this Parking Charge".

What a swiz! No mention of their transgressing the Equality Act , nor any of the other stuff! Thought they would retaliate a little more robustly instead of deflating like a leaky blow up toy and scuttling away........

Anyway, chalk this one up as another forum winner......thanks everyone!