Parking Eye + Hospital + PALS: Did I make a mistake?

marvellousaunt

Dear All

Previously fought a PCN from Euro Car Parks as they failed to comply with the correct timeframes under POFA2012, hilariously at POPLA stage they didn't even respond to the appeal - automatic win - so thanks for the help on here on that occasion!

Received a new one today, it's a real kick in the nuts. Hospital state on website that free parking is available for BB holders. Had only recently got BB and also attended A&E in an emergency, where BB displayed, but:

a) was absolutely pitch black, had to use torches even to walk along the paths - signage was completely invisible
b) website also states further details about 'registering' BB with hospital... it was an emergency situation, no chance to do this
c) hospitals + PE? Disgusting

Remembering advice on here, I contacted PALS at the hospital who responded immediately:

"Thank you for your email. I can confirm that I have forwarded your email onto my colleague in the car parking department. I have asked that your concern be looked into and you be contacted directly to discuss."

However I have just re-read my email to PALS and I have inadvertently revealed myself to be the driver. Is this a humungous error?

My plan is to:
1) Hound the hospital until they inform me they will instruct PE to cancel the PCN
2) A few days before the appeal deadline, enter this message on the PE online appeals portal:

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Furthermore, an occupant of the vehicle is a blue badge holder and qualifies under the Equality Act 2010. I enclose a scan of the blue badge which was clearly displayed at the time of parking.

I have been informed by xxxx in xxxx department that they have instructed Parking Eye to cancel the ticket. I request confirmation that this is the case.

Yours faithfully

Final paragraph in itallics will be added if and when that occurs, otherwise I will send the appeal off regardless.

Panicking I've shot myself in the foot by saying 'I drove to A&E' in the first sentence of the email to PALS.

Oh, a final point - I have moved recently and my car must still be registered to my old address, so the PCN was originally sent there. They re-sent it to my new address without taking any time off the 'early payment discount' as a huge act of goodwill (so generous!) but there was also a line about having got my new address from some 'credit agency'.... concerning!??

Coupon-mad

My plan is to:
1) Hound the hospital until they inform me they will instruct PE to cancel the PCN
2) A few days before the appeal deadline, enter this message on the PE online appeals portal...

Perfect, yes, do the above.

Panicking I've shot myself in the foot by saying 'I drove to A&E' in the first sentence of the email to PALS.

No, just don't repeat that in the appeal.

I have moved recently and my car must still be registered to my old address, so the PCN was originally sent there. They re-sent it to my new address without taking any time off the 'early payment discount' as a huge act of goodwill (so generous!) but there was also a line about having got my new address from some 'credit agency'.... concerning!??

Not really, they've done a 'soft' tracing search to make sure the letter went to the right address which isn't a bad thing.

marvellousaunt

Thank you for the reassurance on all 3 counts. I have heard back from the hospital already so I am submitting my BB and PCN details by return email and hope to hear more positive news re: cancellation shortly.

Thanks again.