NTK from Hospital Tust

Sim_2

Hi just received a NTK but there is no parking company involved - letter is direct from a Hospital Trust who I assume are landowners. Does that have a bearing on how I appeal?

Dee140157

Which is the hospital trust, some like East Kent Hospitals are members of BPA. So no it does not have any bearing on appeal in that sense.

However, If it is eg East Kent who charged £35 reduced to £20 and you did not eg pay £8 parking charge, then arguing no GPEOL is a bit trickier, since this would be within the realms of a GPEOL for once, so appeal would have to be carefully worded.

Also as they are landowners, the authority issue does not arise either.

These are two of the mainstays of appeals, so you may need extra help.

The details of how to appeal etc are in the Newbie thread.

Sim_2

Dee140157 wrote: »

Which is the hospital trust, some like East Kent Hospitals are members of BPA. So no it does not have any bearing on appeal in that sense.

Brighton and Sussex Trust ?

Coupon-mad

Oooh my neck of the woods - Ssssseagullllsss!

So is the charge called a 'parking charge notice' and who does it say to appeal to (exactly)?

Sim_2

Coupon-mad wrote: »

Oooh my neck of the woods - Ssssseagullllsss!

So is the charge called a 'parking charge notice' and who does it say to appeal to (exactly)?

Its actually a Notice to Owner - Enforcement Notice.

Appeal is to the Enforcement Notice Team at the RSCH Hospital.

Dee140157

Is this a windscreen ticket? If so you will need to wait for the notice to keeper as detailed in newbie thread.

If they are not a member of BPA or IPC then they will not be able to apply to DVLA for registered keeper details. (They may be but I can't find them)

It's only if you reply and tell the your name, will they be able to find you!

Coupon-mad

OK if this is the first postal letter, I would send an appeal but not a template one. Send the appeal as the registered keeper without saying who was driving though, same as ever. Have a read of the BPA's 'NHS parking charter' below, and ask pertinent questions such as 'is this a penalty to deter certain parking or is the amount to compensate for loss or damages? If the latter please set out the breakdown of loss'.

http://www.britishparking.co.uk/write/Documents/Special%20interest%20groups/hospital%20parking%20charter.pdf

Ask why they do not appear to be signed up to this charter:

http://www.britishparking.co.uk/Charter-for-Healthcare-Parking

because not following that policy means there is no independent POPLA appeal available to a registered keeper as would normally be the case.

Then tell them the many ways in which the NTK doesn't comply with the POFA 12 and so there is no 'keeper liability'. Check it against Schedule 4 paragraph 8 (if a windscreen ticket was claimed to have been put on the car first) or paragraph 9 if they've issued the ticket by ANPR camera (unlikely).

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Easy to read bullet points show the words the NTK should have included and the deadline to send it. What was the gap between the windscreen ticket and the postal 'Notice'?

How much are we talking - £20 or under you could consider just paying it.

Myriddin

If it is Brighton and Sussex Trust they can hardly claim gpeol when they make comments like “The income is reinvested into parking and security services, with any surplus being used to improve patient services across the trust.”

http://www.theargus.co.uk/news/11308145.Car_parking_charges_are_a____tax_on_the_sick___/

The_Slithy_Tove

Myriddin wrote: »

If it is Brighton and Sussex Trust they can hardly claim gpeol when they make comments like “The income is reinvested into parking and security services, with any surplus being used to improve patient services across the trust.”

That refers to the hourly parking fees, not the charges-for-breaking-the-rules.

Myriddin

The_Slithy_Tove wrote: »

That refers to the hourly parking fees, not the charges-for-breaking-the-rules.

I catch your drift but enforcement is Trust managed so chances are that all monies go into the same pot and are included in those quoted totals. However, short of an FOI request that would have to remain supposition.

The_Deep

One could always ask them.