NHS Trust PCN

TB2013

Here's the dvla reply. Just feels like I'm going round in circles! Any other recommendations on next steps?

The organisation referred to as ISS Facility Services Healthcare appear to be the organisation responsible for appeals relating to parking charges as they are listed under the “appeals” section of the notice. No evidence has been provided that the keeper data has been requested for this organisation or is being used by this organisation. However as you have not provided the front copy of this notice so I cannot make any reference to what that may contain.

The original copy of the notice issued by UCS stated that the client was the hospital itself, not this organisation.

At this time I can only reiterate that the keeper details appear to have been requested by and used by an ATA member. As such, there is no further action DVLA can take.

TB2013

So I have been chasing the hospital regarding signage and who they contract etc. and received this reply:

I have attached a number of photos showing the information around Car Parking and the company that provide the Car Parking attendant is ISS HED Healthcare.

With regards to the timescale in Car Parking legislation these would be the legal parameters that UCS work under and for which expertise we commission them for and any delays or breach to the legislation you feel they have done should be directed to them in your appeal.

We do not feel that the Trust or UCS have done anything wrong or breached any data protection or patient confidentiality laws, as we wouldn’t know who the driver was or where they went after they parked. All we know is that on the date and time in question a vehicle legally registered to you was parked in one of our car parks without purchasing a valid pay & display ticket.

Under the Road Traffic Act 1991 the responsibility for any PCN (Penalty Charge Notice) rests with the registered keeper of the vehicle as recorded at the Driver and Vehicle Licensing Agency (DVLA). If the keeper was not the driver at the time of the offence it remains his/her responsibility to pay the PCN and any recompense from the driver should be obtained by the keeper

The DVLA said ISS HED only dealt with appeals - is the above enough for them to actually do something this time? I'm not sure if it's clear that the parking attendant being provided by ISS mean they manage everything? The NtD only has the NHS branded over it so I assume the DVLA will not look past that.

In terms of the "penalty" they have provided, the below link shows a few photos they have provided. These signs are repeated for each of the car parks around the site (the smaller sign being the entrance sign, and the larger terms + conditions sign being next to the few P&D machines).

Images: hxxp://imgur.com/a/skbOR

Am I right in thinking that

a) they have made it very clear that they issue penalty charges, as stated on their signage, and therefore as they are not an authority or council (just private?) they cannot do this?

b) UCS, or one of their solicitors (on behalf of UCS) cannot take this to court? It has to be the NHS? I assume it would/should be thrown out before a hearing due to a) above (if that is true)?

c) is it even worth getting back to the DVLA regarding the NHS giving out penalties? UCS made out that it was only a parking charge notice that was given out - DVLA haven't been very useful so far!

Thanks for any further advice

Redx

mmmm , a few thoughts

so road traffic act on private land ?

PENALTY charges ? , not parking charges ?

no mention of conforming with the Jeremy Hunt led guidelines ? (either 2014 and updated last october 2015)

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

not registered as an ATA with either of the 2 trade bodies ? so passes to a 3rd party who are debt collectors to sneakily get the information by very devious methods ?

either the NHS trust or their legally appointed agents (usually a solicitor like trethowans for the liverpool hospital) can start court proceedings (possibly even Gladstones who run the devils spawn IPC and IAS of which UCS are members)

I am also wondering what legislation was breached too ?
I fail to see how the Road Traffic Act 1991 applies here
I suspect their procedures are more out of date than the dinosaurs meteor warning system

and even the DVLA said there was no keeper liability due to POFA2012 not being met, so how the hospital trust can say that you should receive this pcn, whatever the P stands for , is beyond me

this IPSWICH one reminds me of a previous one at Wythenshawe , South Manchester we had last year

https://forums.moneysavingexpert.com/discussion/5321088

Coupon-mad

the company that provide the Car Parking attendant is ISS HED Healthcare.

I would go back to David Dunford with that email and point out the above sentence as well as the fact that the NHS Trust obviously are not involved in any parking enforcement themselves if they think the Road Traffic act 1991 applies on private land.

Spell it out that a company which provides the 'car parking attendant' who issues 'PCNs' and handles appeals is, very obviously, acting in the capacity of a PRIVATE PARKING COMPANY. There are no two ways about it.

As they are not in an ATA, their PCN, issued by the ISS employee NOT by the Hospital, cannot be referred to UCS to get your DVLA data. Protest that this is no better than when Proserve pretended they were not a 'parking company' and the DVLA wrongly provided data for months before it had to stop.

Also let DD have the front page he mentions was missing, be polite and show willing to provide all evidence. Persevere with DD:

However as you have not provided the front copy of this notice so I cannot make any reference to what that may contain.