Parking "Fine" at Bolton NHS Trust hospital

mubsy81

Hi Guys,

I just recieved a "Legal Notice" for breach of contract to enter & park at Bolton Royal Hospita issued by BOLTON NHS Foundation Trust.

it says the driver was parked in a 20 mins A&E spot for longer than 20 mins and parking extended into the emergency bays in the ambulance only area (not parked within the bays).

Not sure if it is a POPLA notice, but it has a serial number and says LEGAL NOTICE in bold!

I want to appeal this notice.

All help welcome.

martmonk

If it is as you say direct from the trust and not from a PPC then you should check whether the trust themselves are members of the BPA or IPC, I suspect not.

If not then ignore, they don't know who the driver was and can't find out unless you tell them.

bazster

martmonk wrote: »

If it is as you say direct from the trust and not from a PPC then you should check whether the trust themselves are members of the BPA or IPC, I suspect not.

If not then ignore, they don't know who the driver was and can't find out unless you tell them.

????? They don't need to be members of an ATA to invoke keeper liability.

bryanb

bazster wrote: »

????? They don't need to be members of an ATA to invoke keeper liability.

Martmonk said driver not keeper

bazster

bryanb wrote: »

Martmonk said driver not keeper

Yes I can read thank you.

mubsy81

I have just asked then whether they are members of BPA or IPC and they have advised they do not know!!

If they are members of either, what do I do?

If they are not members of either what do I do?

bazster

It's irrelevant whether they are members of either, martmonk was mistaken.

First thing is, was there a ticket on your windscreen or did you get this in the post? Or both?

mubsy81

Was on the screen...

Coupon-mad

mubsy81 wrote: »

Hi Guys,

I just recieved a "Legal Notice" for breach of contract to enter & park at Bolton Royal Hospita issued by BOLTON NHS Foundation Trust.

it says the driver was parked in a 20 mins A&E spot for longer than 20 mins and parking extended into the emergency bays in the ambulance only area (not parked within the bays).

Not sure if it is a POPLA notice, but it has a serial number and says LEGAL NOTICE in bold!

I want to appeal this notice.

OK I would send an appeal when you get the first letter - are you sayng you have ONLY had the PCN on the windscreen so far? If so then wait for the first letter as long as you are the keeper and this isn't a company/lease/hire/courtesy car, appealing ONLY as the registered keeper without saying who was driving. Have a read of the BPA's 'NHS parking charter' below, and when you get the first letter, appeal WITHOUT talking about the parking event or driver, 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 that they cannot invoke keeper liability unless they issue a compliant Notice to Driver (this wasn't) and then a compliant Notice to Keeper (which the first letter won't be). When you get the first letter - or if you have one - check it against Schedule 4 paragraph 8:

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 alleged parking event and the postal 'Notice' or haven't you got the postal notice yet?

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

bazster

OK, sit tight for now, come back if/when you get something in the post (should be some weeks away).

Landowners doing this stuff for themselves often mess up this stage.

From their website:

The hospital car parks are well-lit, have CCTV monitoring them, and are regularly patrolled by the hospital’s own car park attendants. It’s their job to ensure that pathways and roads all around the hospital are kept free for traffic, buses and emergency vehicles.

They operate a warning system for parking misuse, followed by a breach of contract notice. But they are also there to help, by giving information and assisting everyone to park sensibly and safely.

Did you get a warning?

mubsy81

It's a company vehicle, company is owned by my brother!

so your saying hold tight till I receive another letter? shall I not simply appeal based on the notice I have received? I prefer the latter so at least they know I am disputing the legal notice they have stuck on my windscreen.