Parking Eye Hospital Charge - Med Student

CashStrappedStudent

Hi there,
So basically: I am a medical student and I was parked at a hospital car park because I was there on scheduled teaching activity. The car park in question is a patient & visitor car park and allows free parking for two hours, with no option of extension by paying. Of course, I had to stay for longer than that (exactly 2 hours 50 minutes, according to Parking Eye). Therefore, I recently got a Parking Charge Notice from Parking Eye (amount due £70, discounted to £40 if paid within 14 days). As you can imagine, I believe this to be very unfair, because I was parked there for a legitimate reason (I had to attend compulsory teaching, as part of my degree course). :mad:

I have been browsing the forums and came across advice to contact the landowner directly to complain in these instances, and see if they lift the charge. And that is exactly what I have done: I sent an email to the Health Board telling them that I find it unfair that I should be fined for attending something that is compulsory for me to attend as a student. However, I also know that this particular health board usually does not intervene in parking charge issues, so I also wanted to start an official appeal via Parking Eye's online appeal portal, just in case the complaint route doesn't work.

My problem is here: how can I word an appeal in which I do not admit to being the driver of the vehicle, when my principal line of defence, and only evidence I can provide, is the fact that I was scheduled to be in the hospital on that date as part of my uni timetable?

Thanks for any help you may have.. And sorry for the lack of specific detail (time/place/etc.), just slightly paranoid the parking companies might be keeping an eye on these spaces :eek: I can provide more if needed!

Redx

the thing you DO NOT DO is write anything about your "story" above in any appeal

the answer here is simple and its so simple its aimed at all "newbies" who ask similar questions on the forum

you READ the NEWBIES sticky thread near the top of the forum and decide which of the 2 templates you are using (in this case the BPA template in blue)

then you choose KEEPER on the PE website and copy and paste and submit that appeal, no changes at all

then you take it to popla when they reject your appeal and give you a popla code , again helping yourself by reading that NEWBIES sticky thread for the legal arguments to put in your popla appeal

yes it may be unfair and goes against the government guidelines , but it is what it is and the fact you are skint has no bearing on this whatsoever

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

quote those guidelines to the Health Board as they clearly mention overstays due to events beyond your control

Barry Beavis lost in 3 courts to 11 judges for his overstay on a free car park, (not an NHS one I might add) so apart from using those guidelines above you will find it difficult to argue your "case" and PE wont give a hoot anyway (and neither will POPLA)

you are correct in not giving out too much info, but your appeals will not use any of what you said anyway as you will fail using your "story both with PE and with POPLA

so your appeals will be based on the same ones thousands of others are using, as detailed in that NEWBIES sticky thread

hope that helps ?

ps:- read yesterdays PP blog about overstays on free car parks where PE were involved and the BEAVIS case was mentioned , in favour of PE

http://parking-prankster.blogspot.co.uk/2017/01/parkingeye-win-and-are-awarded.html

fair ? = NO , definitely not , but it still cost the defendant over £400

Umkomaas

My problem is here: how can I word an appeal in which I do not admit to being the driver of the vehicle, when my principal line of defence, and only evidence I can provide, is the fact that I was scheduled to be in the hospital on that date as part of my uni timetable?

There's one already written for you in post #1 of the NEWBIES FAQ sticky (sticky located near the top of the page with the forum thread list). Use that - the blue text one for BPA operators. Copy and paste it exactly as is, do not try to change it.

Did the PE letter to you (the Notice to Keeper -NtK) have a final paragraph on the front page to the effect 'if after 29 days', or was there a large gap as if an entire paragraph has been removed?

Good move to tackle the Health Board; continue with that line of attack in parallel with getting your appeal off to PE. Don't miss the PE 28 day deadline for appeal: send your appeal in by the exact method shown on the NtK; don't forget to put your name and address on the appeal.

Given that you are a medical student, I guess you may be moving address from time to time. If you do move from the address originally used by PE, you must inform them of any and every move if this case hasn't been settled before that move. PE sue, and if they send court papers to a former address, possibly meaning you don't receive them, then there's a guaranteed default CCJ on its way - then watch your credit rating crash and burn, which can have devastating consequences for getting loans, mortgages and in some cases, delivering major career issues.

This can be beaten at POPLA, if you follow the NEWBIES sticky and receive advice from us as you progress through this.

HTH

Half_way

Health board?
I renember seeing something about a health board that took over from a trust, would this be a site in Wales?

CashStrappedStudent

Thanks for the replies.
I had actually read the newbies sticky thread, was just wondering how to include my evidence for being at the car park without including my details as the driver, since the only proof I have is a timetable in an email addressed to me.

I haven't sent the appeal via Parking Eye's system yet, I am still well within the 28-day limit, I thought I would contact the Health Board first and this is the reply I had from them:

Thank you for your email below regarding the PCN you received. Unfortunately we are unable to help you with the cancellation of your ticket and would advise that you go through ParkingEye’s appeal process. You need to include relevant information to confirm your attendance and as they don’t have an email address or phone number for complaints, all appeals / complaints must be submitted in writing via the appeals process on the reverse of the parking charge notice.

I am sorry we are unable to help you but I have been informed that ParkingEye will cancel first parking charges, as a gesture of goodwill, upon receipt of an appeal and any supporting evidence, i.e. Blue Badge or appointment card.

So, basically, if I send Parking Eye my appeal with a print screen of the email telling me I had to be there for my course, they should cancel the charge..worth trying?

Did the PE letter to you (the Notice to Keeper -NtK) have a final paragraph on the front page to the effect 'if after 29 days', or was there a large gap as if an entire paragraph has been removed?

The Protection of Freedoms Act part is present on the NTK.

Health board?
I renember seeing something about a health board that took over from a trust, would this be a site in Wales?

Yes, it is Cardiff & Vale University Health Board..I found this on their website about parking (cardiffandvaleuhb.wales.nhs.uk/car-parking):

As independent contractors managing the parking facilities for the UHB, Indigo and ParkingEye UK are entitled to take appropriate action within the agreement of the contract. Please note that appeals will only be considered using their appeals processes, and that the UHB is unable to intervene.

The very first paragraph in bold states that the UHB is actually unable to intervene, as did the email I was sent.. If this is true, does it mean they have entered into a contract with ParkingEye which actually impedes them, as the land owner, to cancel charges? If it does, this would definitely go against the department of health guidelines quoted by Redx. Should I email the Health Board back again, and ask for the details of their contract as well, quoting these guidelines and the possible breach?

Thanks again all for the help!

twhitehousescat

this place? http://forums.pepipoo.com/index.php?showtopic=111412

CashStrappedStudent

twhitehousescat wrote: »

this place?

Same Health Board, but different site and different Private Parking Company!

twhitehousescat

might be worth a check up with DVLA on data access and joining that group who seem to be local , for hints , tips and ideas , indigo may well soon go (with a bang) from that site , would be sad if PE were to be dragged in on the legalities

I presume you have asked Pals for help , one day they may need yours