Hospital PCN

RadHimster

Afternoon. I have another thread going on another website. Merely sharing the story here as well as I've been reading various threads and information is always useful.

Background:

My vehicle was ticketed last December for failure to P&D. The car had been moved from a barriered area as no spaces were available to another location. Driver entered the hospital and after speaking to staff realised the new area was in fact P&D. Sought to remediate the error immediately and upon exiting the hospital noted the car had been ticketed. As luck(?) would have it an attendant was around and the situation was explained to see if anything could be done. Driver was told that as they had been polite about the whole situation if a ticket was purchased the PCN would be cancelled. Ticket was duly purchased more than covering entire time spent in the hospital (as the driver then had to go back in)...matter closed.

Fast forward to February and a NtK landed on the doorstep explaining that:

£100 is now payable. Appeal window has closed so any appeals will be at the discretion of 'the agency'

A response was sent to the PPC explaining the situation and requesting they remove the PCN from their system based on the interaction between the driver and attendant. This didn't work. They said the appeal couldn't be accepted as it was outside the window and offered the IAS 'non standard' appeals route. A further response was sent saying an appeal hadn't been made, it was a request to remove the PCN from their system based on the previous point as any alleged contract had in fact been varied. The attendants offer had been taken in good faith, there was no reason to doubt otherwise.

I have contacted PALS and forwarded on the above and they are following it up, presumably with the landowners. Awaiting response.

The PPC in question is Parkshield Collection ltd, though they trade under the name of PCP Enforcement Agency.

That is where it is at currently. A slightly different scenario to others I guess so thought it might be useful to share.

Coupon-mad

it was a request to remove the PCN from their system based on the previous point as any alleged contract had in fact been varied. The attendants offer had been taken in good faith, there was no reason to doubt otherwise.

Nice one, good argument that the contract had been varied, he had agreed you could purchase a ticket.

pappa_golf

let me guess portsmouth?

RadHimster

pappa_golf wrote: »

let me guess portsmouth?

You could be considered 'warm'.

RadHimster

Update on the current situation:

No further response regarding my last letter to the PPC and no mention of any contractual changes being made or mention of their employee at all. They have now moved forward and sent out a 'liability notification', presumably because they are past chasing the driver and feel POFA has been adhered too.

It states there are now 28 days to pay or the potential for moving on to court action. PALS came back but weren't all that helpful, I have sent them a further email highlighting a few points in the hope it will jump them into action!

I think, depending on the response from PALS, I've got two options:

1: Respond and make an offer of some sort. I guess it would make me look reasonable should it go any further...although a ticket was actually purchased as per the attendants offer.

2: Ignore/Send a letter explaining they haven't engaged with anything I've said and I'm not willing to engage further...short of official papers.

What would the general consensus be. What have people found to be the best approach at this stage?

Rgds, Rad.

Coupon-mad

The PPC in question is Parkshield Collection ltd, though they trade under the name of PCP Enforcement Agency.

I would do option 2, a combo of ignoring but after one direct written challenge, setting out your position assertively:

2: Ignore/Send a letter explaining they haven't engaged with anything I've said and I'm not willing to engage further...short of official papers.

As you said earlier, a variation of contract was offered by the attendant and agreed by you.

RadHimster

How does this read;

At no point during the dialogue between ourselves have you acknowledged or touched on any of the points I have raised and have continued to simply request payment of £100. I have asked on separate occasions for the PCN to be removed from your system as the matter was considered closed.

For the avoidance of doubt. An employee of your company stated if a ticket was purchased the PCN would be cancelled. A ticket was purchased of which a copy was provided (twice). Any alleged contract between the driver and PCP (or Parkshield, or the landowners) was varied by the parking attendant and the information given was taken in good faith. There would be no reason to doubt otherwise.

To continue to pursue this matter is unreasonable given no acknowledgement of the above appears to have been taken on board. No appeal has been logged due to the above; as far as I am concerned the PCN should not exist on your system and as such there should be no reason for an appeal. I have remained reasonable throughout the process and have made efforts to explain the situation & provide evidence where necessary but you appear to not want to engage with any point I make and instead appear to be following a rigid script which ultimately ends in a demand for £100.

I will no longer respond to letters from you and I deny that any debt is owed. Do not send debt collector letters and do not add any costs, which would be a vaguely masked attempt at 'double recovery', although given a ticket was purchased it might even be considered ‘triple’. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Too wordy, not wordy enough. Too abrupt, too...you get the idea. Constructive criticism always welcome

Coupon-mad

I would finally threaten them with a complaint to the Information Commissioner if they refuse to delete your data and cease processing it. Describe their behaviour as vexatious and causing alarm and distress. Tell them to treat this as a Section 10 Notice under the DPA, a formal Objection to Processing for which they now have 21 days to respond.

You can find that wording recently used by others, by searching this board for 'Information Commissioner Section 10'.

RadHimster

Ok, just an update as the wheels are still turning!

I send off my letter explaining that they had at no point engaged with anything I said or the fact I'd paid for a ticket and shown proof. I subsequently got through a letter with giant font saying 'FINAL NOTICE'...again just demanding payment of £100, this was dated April 21st. I have now, today received my latest letter.

https:// drive.google.com/open?id=0BwMC0GFedSBJb1ZyRXV6NlJwQW8

Usual letter it would seem with further threats of additional costs to be added, CCJ against me potentially and the fact they might send the bailiffs round...thankfully they have provided me the opportunity once again to make amends and pay! Interestingly enough they don't name their Legal clerk and the signature is missing. The letter also refers to PCP almost as if this letter is from someone different when clearly it isn't.

Presumably nobody bothers replying to these and waits for...if it arrives, an initial letter from their 'solicitors' where upon the back & forth begins again.

**You just need to remove the space between https:// and drive. If I shouldn't be circumventing the ability to post images then I'll happy remove the link, just felt it was useful to show**

Umkomaas

https://drive.google.com/open?id=0BwMC0GFedSBJb1ZyRXV6NlJwQW8

Ignore unless you get a LBC or MCOL claim. If they took you to court, you'd be their 4th case in almost 2.5 years. Most unlikely.

dadsma

May I suggest a complaint to CEO of the hospital about the untoward and aggressive correspondence from their contractor. Request the hospital to order the pcn cancelled.