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Blue Badge Parking Eye Fine

Dear All,

I am writing this on behalf of my father, he received a fine when visiting the Loxford Polyclinic for a appointment he had.

My father is registered disabled he has a disability on his left leg (polio), his age is 83, he can not walk long distance, there are 3 disabled bays in front of the clinic these were occupied, so he parked in the back of the clinic where it said 'patient parking', he displayed his blue badges.

He received the fine on Saturday, can anyone advise if he would have a case to appeal if so what will be the best way to proceed.

Thank you in advance.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 April 2016 at 8:27AM
    is this private land ?

    he did not get "fined"

    if its private land he has received a parking charge notice, an INVOICE

    if its a public road owned or run by the council, he received a penalty notice

    assuming it is a private notice for parking on private land, the BB scheme does not apply and his blue booklet tells him this, BUT the EA 2010 does apply and he should complain to the surgery on that basis, discrimination and they are jointly and severally liable and he can bring a counter claim under the EA2010

    who issued the PCN ?

    was this a windscreen pcn or a postal pcn ? (you did not say)

    why has nobody complained to the practice manager and insisted on a cancellation ?

    if its patient parking and he was a patient, then why has he received this notice ? ie:- for what reason was the pcn issued ?

    I am afraid you have not read all of the information in that blue booklet, not complained to the surgery, not read the NEWBIES sticky thread, plus you think this is a fine when its merely an invoice

    I would assume he can park in the patient parking area as a patient, REGARDLESS of if he has a BB or not

    this thread https://forums.moneysavingexpert.com/discussion/5433587 also has a lot of good info regarding the BB scheme and the EA2010 and as you can see a complaint to the manager pointing this out has got that ticket cancelled
  • Hi,

    Thank you for a quick response, I have tried to attached a image of the fine to the post but cannot see how to.

    I believe the land is owned by the NHS.

    Parking Eye LTD issued the ticket as creditors.

    It came by the post.

    The letter head say's it is BPA approved.

    I will be visiting the clinic today and see what i can find out.
  • Fruitcake
    Fruitcake Posts: 59,527 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Read the Sticky thread for NEWBIES then appeal using the BPA template in blue you will find there. Copy and paste, nothing added and nothing taken away.


    Do this regardless of how you get on with the polyclinic unless and until you get a cancellation from parking lie. It is not over until the scammers say it is over.


    Take pictures of the signs whilst you are there, especially any at the car park entrance. Complain to the clinic management not someone on reception about this disgraceful behaviour by their contractor.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 April 2016 at 9:08AM
    I see you are still calling it a fine :)

    it will help your case if you use the correct terms when dealing with this

    the PE paperwork will not mention that word anywhere

    as this is a postal notice, I would think there was no CEO on duty and that the patient`s car was snapped by ANPR cameras when entering and leaving the private car park

    this leads me to believe that the surgery has a system whereby the patient logs their VRM (reg plate details) onto a terminal inside the surgery and this is then checked against the cars details

    he has either not done this at all, or he has entered incorrect VRM details

    this will be what triggered the pcn and nobody looked at any badges , no persons and no cameras, so futile using them (although I understand why he did this because you do so on public roads - I have one myself so know the ropes)

    it will be NHS or Surgery land , so complain to PALS if there is one, or the Practice Manager otherwise

    also check how a patient "books" the car in, usually via a terminal at reception , so he never makes the mistake again

    quote the EA2010 at them and insist the charge is cancelled, in writing , plus ensure they make patients fully aware that cars have to be "booked in" on arrival, as well as the patients themselves

    let us know how you get on

    if appealing to PE , do so online, as keeper, using the blue text template and do so before the expiry date which is 28 days maximum, so do so within 3 weeks at most

    do not reveal who was driving , this person was an "occupant of the vehicle"

    and no more "f-words" , - please

    ps:- if you visit the clinic and park up and dont register the VRM, its likely that you will also get a "ticket" in the post, so be aware
  • Thank you both for the reply, good to chat with people who know what they are talking about.

    I will question the 'Invoice'
  • Umkomaas
    Umkomaas Posts: 44,050 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you both for the reply, good to chat with people who know what they are talking about.

    I will question the 'Invoice'

    Your first (and best bet) action is to go to the clinic and ask them what this is all about. Ask them to check your father's appointment time and date with the time and date on the PCN - then question them again as to why this has been issued to a genuine patient at a time when a genuine appointment was underway.

    If they blabber on about any touchpad data that needed to be completed ask what do they expect of older persons who have little or (likely) no understanding of anything 'computer'.

    Paint them (politely) into a corner. If they have contracted with PE, they will have the scope, as contract principal, to get this charge killed, stone dead. It's a much more clinical (pardon the pun) way of getting this cancelled than any appeals procedure, although you need to have the appeals procedure on your radar should a clinic cancellation not be forthcoming.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 157,666 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you both for the reply, good to chat with people who know what they are talking about.

    I will question the 'Invoice'

    The keeper needs to appeal and include a copy of the Blue Badge as well, on PE's appeal page. Not saying who was driving, but more information is needed in the appeal try to quash it now, nice and early:

    An occupant of the car was a genuine patient at the clinic, is disabled he has a disability on his left leg (polio). His age is 83, he can not walk long distance, there are 3 disabled bays in front of the clinic these were occupied, so he parked in the back of the clinic where it said 'patient parking', he displayed his blue badge and this is attached for your information*. It appears no 'reasonable adjustment' has been made and I assume this is because your company uses ANPR and cannot tell disabled passengers from other car occupants. Now you have been advised of the Equality Act issue here, I hope the charge will be cancelled or I will complain in person to the Polyclinic.

    * also attach proof of the appointment. And the Polyclicnic should be able to cancel this anyway which is easier. COMPLAIN TO THEM FIRST!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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