Excel members of IAS, but using PoPLA PCN?

Bobbydazzler

HO87 wrote: »

You haven't detailed what it is that the car park attendant was supposed to have done.[/URL]

Well it is highly likely that the parking attendant was sitting in his car (only drop off bay) waiting for an unsuspecting motorist.
Reason for this assumption. All other car parks at the site are at least 5 mins walk, especially at the normal attendant walking pace. Now this bit is hearsay but I know the site personally and I think its very plausible. The car was left for no more than 5 mins the driver returned to move it to a normal bay but low and behold there was a PCN affixed to the vehicle. The man/vehicle from the drop off bay had gone. The driver had a good look around to find the attendant to plead his/her case ie helping a pregnant woman into the hospital, but he was nowhere to be seen.

If this is the case he will of seen the pregnant woman enter the bay and then hospital and never thought to warn/advise her.

The main issue now is that the trust after receiving this information up held the PCN even after quoting Equality Act 2010 and the list goes on,

The trust were also informed of the PCN printed with misleading info on it. POPLA appeal not IAS and the site sign-age having BPA AOS logo present when they are only corporate members. This in my opinion, should of been enough to have the PCN cancelled. The trust said that they cannot and do not deal with these matters they are for the PPC to deal with themselves. I'm sure 99% of people here know that is just not true.

They have even (allegedly) spoke to their public affairs body just to see if they can handle the bad press.This information was gained from an email sent from the trusts landowners dept along with an admission they are looking into the management of the site by the PPC and the amount of drop off bays in that area.

Now for me/RK it is more about the stance of the Trust. Its the NHS for crying out loud, maybe we are being extremely silly here. Are they not supposed to be caring and considerate to patients/visitors. Its just right and wrong surely?

Bobbydazzler

HO87 wrote: »

Are Excel alleging that their charge is a contractual fee or a payment in breach of contract? In other words are they saying that the PCN is a means of collecting a charge you have agreed to pay by parking or a payment because you have breached their terms and conditions by failing to P&D, or whatever? If it is the latter then they may well have fallen foul of the requirement that they mitigate their loss (which they are obliged to do)[/URL]

Its for a breach of contract I believe. Parked in a Disabled Bay whilst not displaying a valid blue badge.

All parking at the site is free, so it can only be the case

Bobbydazzler

Hi All,

Just an update on proceedings in this matter.

Today the RK recieved this email,


NHS Property Services Limited,

Dear Mr XXXXXX

Re: Appeal against parking charge notice received at Shotley Bridge Hospital

Thank you for your correspondence regarding the above matter, which has been passed to me as Regional Director for the North.

I have reviewed all of the correspondence between yourself and Alan Land about this matter. On reflection I believe that the decision to park in a disabled bay was not taken
lightly and there really were exceptional circumstances. I have therefore asked Alan to contact Excel and cancel the fine that was issued.

I have also asked the local team to review the car park arrangements and contract with
Excel at Shotley Bridge Hospital.

I do hope that Miss XXXXXX and her baby are doing well.
Thank you for bringing this matter to our attention.

Yours sincerely
Justin Cunningham
Regional Director, North

Yet another victory for the innocent motorist. :T

Mr Cunningham has seen sense in this matter and taken the right and just action, unlike his colleague Mr Land who still had the RK believe he could not rescind the PCN, well not until his boss told him too anyway.

For me the important thing is Mr Cunningham's request to review the contract with Excel, and with any luck they will be thrown off site with immediate effect.It really is a shoddy operation at this site.

99.9% of PPC's in my opinion are no more than Modern Day Highwaymen (I've used this name before). They lie in wait with there dodgy attendants (I believe this is the case here) or hard to see camera's and signs and pounce. Weather that be via a PCN or NTK. Lets face it they are all damn good at scaring people into paying up. Well not on my or this forum's watch.

To any Newbie reading this never let them just take your money, fight them all the way. You will be happy if you do and the more people who do fight and win will tell their friends and soon all will know how to beat these Highway men.

Myself,RK and the pregnant lady concerned say a massive thank you to this forum and all the experts who give up their free time to help and give advice to people caught up in the murky world of PPC's.

I would also like to thank Mr Cunningham. Well done to you sir for using what this world is losing fast COMMON SENSE.

Well its on to my next fight against the PPC's. I'm sure it wont be long :rotfl:

ampersand

Well done Bobbyd - please redact and post up that letter of cancellation when it comes.

Gently remind Mr C if you receive nothing by end of next week.

Bobbydazzler

ampersand wrote: »

please redact and post up that letter of cancellation when it comes.

Gently remind Mr C if you receive nothing by end of next week.

Thanks Amp will do.