PALS/ Barnet Hospital / Parking Eye

mnkut

Hi all,

a friend of mine has received a PE invoice for parking (unpaid) in A&E due to a child meningitis scare.

After reading your suggestions on previous threads I would like to write to PALS. However, I'm struggling to find a template on exactly how/what to write in this instance.

Also given the ticket was issued for unpaid parking, is there any particular 2016 arguments anyone would recommend adding in other than what's in the sticky thread?

this is my first PE ticket fight, little more nervous than usual:eek:

Thanks everyone:j

bod1467

I'm not sure there is a PALS template. Only advice I can give is to search this forum for PALS (select to show posts rather than threads) and see what comes up.

Herzlos

What's the parking invoice for? Overstaying or parking outside of a bay or something else?

There's no PALS template as such, just be direct with them (not naming the driver), explaining that there was a genuine patient involved and ask them to have the charge cancelled. If they refuse, then you need to start quoting Health Secretary Jeremy Hunt at them (search on here for text, I've gone blank).

bod1467

Herzlos wrote: »

Jeremy Hunt

and despite rumours to the contrary, that is not Cockney rhyming slang.

Coupon-mad

No, people should write their own complaints to PALS and an (in my experience) unhelpful chap called Peter Hebden at Barnet/Royal Free complaints will probably reply fobbing off the complaint in its entirety. But try. Better not to try to use a template, this is not an appeal. The person should say how stressed they were - dashing to A&E due to a child meningitis scare.

Also mention if it was dark because the signs are not well lit at all. Complain about the NHS Trust breaching Government policy by allowing a private firm to profit from PCNs which very obviously are 'incentivised' because PE earn nothing except penalty income, which is wrong and against the will of Parliament:

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

And politely ask for it to be cancelled, do not rant. It might work.

Apart from that, they should also appeal online to ParkingEye in a similar vein (mention the child meningitis scare, that it was a clear emergency, dashing to A&E, as you would). That forces PE to consider the mitigating circs as agreed with the NHS Trust and the appeal being an 'emergency' may have to be checked too, by the Hospital. I believe PE are meant to cancel 'genuine emergency' cases.

Don't use a template appeal under these circs, re a NHS car park where it was an emergency. But do not name the driver, the appeal should still be from the keeper.

mnkut

Coupon-mad wrote: »

No, people should write their own complaints to PALS and an (in my experience) unhelpful chap called Peter Hebden at Barnet/Royal Free complaints will probably reply fobbing off the complaint in its entirety. But try. Better not to try to use a template, this is not an appeal. The person should say how stressed they were - dashing to A&E due to a child meningitis scare.

Also mention if it was dark because the signs are not well lit at all. Complain about the NHS Trust breaching Government policy by allowing a private firm to profit from PCNs which very obviously are 'incentivised' because PE earn nothing except penalty income, which is wrong and against the will of Parliament:

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

And politely ask for it to be cancelled, do not rant. It might work.

Apart from that, they should also appeal online to ParkingEye in a similar vein (mention the child meningitis scare, that it was a clear emergency, dashing to A&E, as you would). That forces PE to consider the mitigating circs as agreed with the NHS Trust and the appeal being an 'emergency' may have to be checked too, by the Hospital. I believe PE are meant to cancel 'genuine emergency' cases.

Don't use a template appeal under these circs, re a NHS car park where it was an emergency. But do not name the driver, the appeal should still be from the keeper.

Interesting! thanks for all the info.

Have never appealed on mitigating circumstances alone.
But as you say this does force them to consider and if they fail to show consideration... another potential POPLA argument.

mnkut

Herzlos wrote: »

What's the parking invoice for? Overstaying or parking outside of a bay or something else?

There's no PALS template as such, just be direct with them (not naming the driver), explaining that there was a genuine patient involved and ask them to have the charge cancelled. If they refuse, then you need to start quoting Health Secretary Jeremy Hunt at them (search on here for text, I've gone blank).

thanks for the tip! Added it to my appeal notes file.

Umkomaas

mnkut wrote: »

Interesting! thanks for all the info.

Have never appealed on mitigating circumstances alone.
But as you say this does force them to consider and if they fail to show consideration... another potential POPLA argument.

POPLA won't be interested whatsoever in any mitigating circumstances (or the fact that PALS or the PPC failed to accept them). You need to win at POPLA via technical and legal arguments.

mnkut

Umkomaas wrote: »

POPLA won't be interested whatsoever in any mitigating circumstances (or the fact that PALS or the PPC failed to accept them). You need to win at POPLA via technical and legal arguments.

wouldn't a legal argument be a failure to reasonably assess mitigating circumstances?

Umkomaas

mnkut wrote: »

wouldn't a legal argument be a failure to reasonably assess mitigating circumstances?

You're not compelled to accept my advice, try it if you like. On which law will you be basing your 'legal argument'?

mnkut

Umkomaas wrote: »

You're not compelled to accept my advice, try it if you like. On which law will you be basing your 'legal argument'?

Was only wondering, as I thought it was something I came across during my reading. Clearly I got it wrong! thanks for your advice, much appreciated.