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NHS PCN (Not a private company)

Hello,

I have looked but can't find a topic relating to my issue.

I have been issued a "Parking Enforcement Notice" by a nhs trust (the nhs security bods patrol and enforce parking on the Trust sites and the estates team deal with the admin etc) I work for this trust and it took me a week to find the trusts parking policy (the one stated on the ticket) that included the trysts intranet. It's not on their public website from what I can see which defies doh guidance.

My question is this where I may or may not have been in the wrong are these legally enforceable and what process do I follow. Ticket was issued on the 16/03/15.

Thanks in advance for your help.

C
«1

Comments

  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    Which Trust or post up the Parking policy.

    Usually there is some form of appeal by a Trust committee so try Estates to find out. Some Trusts outsource the "debt" collection to a 3rd party e.g CPP. A couple use Trethowans.

    As regards legal, they can only ask for their "loss" flowing from the breach and they can never prove this - but it is all sham anyway.

    They can ban your car from site if they wish so see what it says about appeals or get Estates to cancel
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Grimble
    Grimble Posts: 455 Forumite
    Eighth Anniversary 100 Posts
    Do go to the union, and you could put in a grievance if not happy with estates answer.
  • Hot_Bring
    Hot_Bring Posts: 1,596 Forumite
    My first question is - who are the Trust ? I ask as, unless you've had to register your registration against your name with them, I'd be interested if they belong to the BPA or the IPC. If they aren't and you haven't given them the details then they can't find you.
    "The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hot_Bring wrote: »
    My first question is - who are the Trust ? I ask as, unless you've had to register your registration against your name with them, I'd be interested if they belong to the BPA or the IPC. If they aren't and you haven't given them the details then they can't find you.

    The Trust as the landowner can always purchase Registered Keeper details from the DVLA they don't need to be a member of an ATA.
  • m3dic
    m3dic Posts: 6 Forumite
    Trusts policy (well the section on enforcement)
    10 Enforcement Notices

    Patrolling traffic (and in their absence security officers) have instructions to issue an enforcement notice on any vehicle parked in violation of the above regulations. This includes unauthorised vehicles parking in one of the following areas:

    Disabled bay / Disabled access ramp
    Ambulance bay
    Blocking a fire exit
    Blocking access to bicycle or motor cycle area
    Hatched areas/double yellow lines
    Occupying more than one bay
    Delivery bays, communication and service roads
    Bays areas conned off for ad-hoc deliveries or building works
    Failing to display a valid permit, pay and display ticket
    Being parked out of a designated bay
    In a position likely to cause obstruction / inconvenience / danger to other road users and pedestrians.

    10.1 The charge for an enforcement notice issued is £50. A 50% reduction will be applied if payment is made within 14 days. All enforcement notices will be dealt with by the Trust’s Transport bureau. In the event of non-payment they will be passed to the Trust’s Solicitors to pursue. If the recipient of an enforcement notice feels that they have grounds upon which an appeal may be lodged this should also be made within 14 days to the Trust’s Transport bureau. Failure to settle outstanding enforcement Notices will result in court action. Non payment at this stage may result in a Count court judgement which will affect credit rating and the ability to obtain credit in the future.


    10.2 If an enforcement noticed is issued to a member of staff the charge will be reduced to £15. If payment is received within 24 hours the Trust will accept £5 as full and final settlement on the first offence £10 for the second and £15 on all subsequent offences. Payment should be made to the cashiers or by post ( cheques only) to the Transport Bureau.

    10.3 Staff repeatedly failing to comply with the parking regulations and who refuse to pay the subsequent penalty will be passed on to the Trusts solicitors and dealt with as a member of the public see 10.1. Staff should also note that once in the hands of the solicitors further charges will be added to the initial charge and court action may be taken.

    10.4 A member of staff who receives an enforcement notice may appeal against the notice within 14 days of its issue. All staff appeals will be dealt with by the Trusts Transport Bureau. If an appeal is not upheld a member of staff may make a second appeal to the appeals panel comprising:
    1 Staff side representative
    1 Divisional Management Representative
    Trust Transport/Car Parking Coordinator
    A Medical Advisory Committee Representative

    The appeals panel decision is final. In the event of an appeal being turned down payment should be made 14 days after the rejection letter is sent. Failure to make payment the procedure will be followed as in 10.3.

    All enforcement notice that are not appealed against or paid will be dealt with through the Trusts Solicitors see 10.1, 10.2, and 10.3.
  • 10.3 Staff repeatedly failing to comply with the parking regulations and who refuse to pay the subsequent penalty will be passed on to the Trusts solicitors and dealt with as a member of the public see 10.1. Staff should also note that once in the hands of the solicitors further charges will be added to the initial charge and court action may be taken


    bring it on ,,,,
  • m3dic
    m3dic Posts: 6 Forumite
    10.3 Staff repeatedly failing to comply with the parking regulations and who refuse to pay the subsequent penalty will be passed on to the Trusts solicitors and dealt with as a member of the public see 10.1. Staff should also note that once in the hands of the solicitors further charges will be added to the initial charge and court action may be taken


    bring it on ,,,,

    So the same as any private company? Legally they can't do anything? Only sticking point could be the hr route but judging by the policy they don't seem to mention it?
  • Half_way
    Half_way Posts: 7,551 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    another bit worth highlighting
    10.3 Staff repeatedly failing to comply with the parking regulations and who refuse to pay the subsequent penalty will be passed on to the Trusts solicitors and dealt with as a member of the public see 10.1. Staff should also note that once in the hands of the solicitors further charges will be added to the initial charge and court action may be taken.

    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    m3dic wrote: »
    Hello,

    I have looked but can't find a topic relating to my issue.

    Post one of the Newbies Sticky!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    join the fightback by telling these stories to the government

    https://forums.moneysavingexpert.com/discussion/5208199
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