ParkingEye Parking Fine PCN - Barnet Hospital

RKE

Hi



(Thank you for your help Ralph)


Here we go

I am very new to this

I have just recd a PCN from Parking Eye for overstaying at Barnet hospital where my friend had just received full understanding of her terminal brain tumour and life expectancy. We were standing next to my vehicle consoling her husband



Date of the event 10/8/2016
Date of Issue 24/08/2016


Arrival time 10/8/2016 14.03.49
Departure time 10/08/2016 18.15.10


Please can you advise me what I do now, it looks like maybe my first route is PALs at the hospital but I am a little confused on what I should do first and what I should say


(IT DOES LOOK LIKE SOMEONE HAS PREVIOUSLY NOTED THAT THIS ROUTE WAS FRUITLESS AS PALS BARNET WERE NOT INTERESTED??)

The parking time would appear to be from when entering the carpark and not from when I finally was able to park in a space?



I understand my friends husband has recd two of these notices and one of my other friends visiting recd one as well who is sure she didn't stay longer than she paid, and my timing is longer than I thought, this is why I believe it was from entering the c/park
Thank you
Racquel

steve1500

Write to PALS & copy in your local MP involved. That will certainly get their attention.


Also make a Freedom of Information request asking for documentary evidence that PE have the land owners permission to take someone to court. The land will invariably be public land.


Has the power been devolved down to the Trust to allow PE to take someone to the small claims court. Ask for that document.


If it exists, I'm guessing it will either be via an Act of Parliament or an NHS England / Department of Health instruction

RKE

thank you - I am in Wiltshire and the Hospital is Barnet, which MP do you copy in?
Racquel

Umkomaas

RKE wrote: »

thank you - I am in Wiltshire and the Hospital is Barnet, which MP do you copy in?
Racquel

Why not hit two - your local one and the one covering the area where the hospital is located. A veritable BOGOF offer!

Redx

we need to know what the issue was ? overstaying ? if so , by how long ?

what was the allowable time for actual parking ? , compared to the arriving and leaving (which is clause #13 of the BPA CoP)

ie:- if you paid for say 4 hours and the overstay was deemd to be 12 minutes ?

complain LOUDLY to PALS using this document as ammo

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

also complaining about PE failing the BPA CoP if clause #13 was not observed ?

say 10 minutes to park up , over 10 minutes to leave , so at least 20 minutes grace over 2 grace periods

add the grace periods to the blue text appeal from the NEWBIES FAQ sticky thread, stating it has been breached , if this is the case, quoting the whole of clause #13 back at them

see post #2 here https://forums.moneysavingexpert.com/discussion/5518305

each ticket should be appealed separately, on their website

do not disclose who the driver was as they may have failed POFA2012 on this ticket too

Coupon-mad

PALS at Barnet/the Royal Free is worth complaining to if you have mitigating circumstances and don't use a template complaint. Tell it from the heart and explain how stressed the family was (without naming the driver) just say 'we' as write as the keeper of the car.

With ParkingEye, also don't just use the template on this occasion. As it is an NHS Car park, PE have to consider mitigating circs such as you have described, so the keeper should appeal mentioning the stressful event but saying they can't be held liable for the charge and the driver will not be named.

In your case it is VITAL not to divulge who actually drove and parked the car, because of these dates:

Date of the event 10/8/2016
Date of Issue 24/08/2016

They could not have been deemed to have got the PCN served to you in time to hold the keeper liable because the soonest it could be considered to have been received was Friday 26th (16 days from the parking event = too late). And I expect in fact the PCN arrived this week, after the Bank Holiday.

To be clear, this does not just 'void' the PCN. You cannot safely just ignore it. But it does mean the keeper can appeal to POPLA (if the NHS trust do not cancel after the complaint) saying the PCN was served too late for keeper liability. That should just win at POPLA unless they are having another funny 5 minutes.

Does the PCN have the wording that, under the POFA 2012, after 28 days, the registered keeper will be liable? It should not have that wording due to the 'issued date' which is never PE's actual posting date. If it does say the keeper will be liable then that PCN needs reporting to the DVLA and BPA as misleading the recipient about liability, due to the dates.