NHS Staff parking fine

Jed_Exodus

My relative has received a fine from the staff car park at East Kent NHS Trust, she works at the hospital and has the relevant permit displayed. The hospital is BPA approved.

The ticket was left on the windscreen and says she was parked in an area not designated for parking, however she claims to have parked in a space. As she lacks basic common sense she didn't take a photo to prove this, so as yet I only have her word.

I am the registered keeper of the car and havent received any letters yet, the offence happened 11 days ago. Should I email them and say she claims to have been parked in a space and do they have photographic evidence to prove otherwise or is it best to just ignore it? Should I wait for them to contact me as the keeper. She already pays an extortionate amount to use this car park for the privilege of working in a hospital helping others, although its only £20 if paid within 14 days, I'm not keen on paying it if its unfair.

Two years ago we got an unfair ticket there and Roxburgh got involved and eventually went away.

Jed_Exodus

Oh and I have read the newbies thread and am unsure if this is a small company and do I need to wait for a letter or appeal now as keeper? Last time was pre 2012 changes and there were no letters, just sticker on window followed by Roxburgh rubbish!

Coupon-mad

You haven't said which PPC it is but with most, do nothing yet & wait for the NTK.

Johno100

Coupon-mad wrote: »

You haven't said which PPC it is but with most, do nothing yet & wait for the NTK.

East Kent Hospitals University NHS Foundation Trust are a BPA approved operator.

Coupon-mad

OK, still wait for the first letter as it will be a pile of pants and not a compliant NTK, which gives you a lot more elbow room!

Jed_Exodus

Yes the trust themselves are the PPC, thanks for the response.

Jed_Exodus

Just an update incase anyone else is going through this with this lot.

A notice to keeper was sent within the timeframe, it had all the required details on it as per the sticky thread. It's come from PCN Parking Solutions, responded with the email from the aforementioned thread and they replied that they will contact me when they have the outcome of my appeal.

Will update again with any further correspondence.

Dublindel

What did you put in your appeal?

Jed_Exodus

Appeal was as follows, pretty much c&p of the one in the top thread.

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.
f). This is not a 'parking ticket' - it is an unsolicited invoice with as much merit as the publicly-derided £100 taken unlawfully from customers by a dingy Blackpool Hotel.

Your clients should be thoroughly ashamed of the shoddy way that you treat patients and staff members visiting their premises, people that are either sick and in need of help or those hard working professionals who help the sick and needy. The landowner will be made fully aware of this matter and your response, which I will forward to their CEO when I complain in writing and via social media, as appropriate.

Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. Your ATA may offer sound-bites about driving up standards or fight for motorists' rights but in reality they are not a regulator; they merely exist to represent the interests of paying members, in order to gain access to DVLA data. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

The purpose of this communication is:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for researching the law and responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for mycosts. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament following the EU Consumer Rights Directive, that express consent is obtained for consumer contracts now - not implied consent - and that information is provided in a durable medium in advance.

You have failed to meet these requirements. The foisting of unexpected contracts like this on consumers, by stealth, is a thing of the past.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist with this unwarranted threat, I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed £100.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,

Jed_Exodus

I've received an email from them (PNC Parking Solutions) today thanking me for the said correspondence, but then going on to say I failed to make representation against the charge in the timeframe set out and that the matter has been passed to them for recovery purposes. I clearly did, I appealed as soon as I received the NTK. There's been no talk of an independent appeal such as popla.

Please could someone advise what my next step should be?

bod1467

Complain in writing to the PPC that they are telling lies, that a keeper's appeal window starts the date of the NtK not the alleged offence. (Most PPCs have tried to pull this scam at one time or another).

Complain in writing (email is OK - addresses in the NEWBIES thread) likewise to the BPA that one of their members is in breach of the BPA code of practice by trying to deny a keeper their legal right to an appeal.