Parking eye charge blue badge

Nickyvan

Good Afternoon. I've checked the various threads and I can't find anything similar enough to this situation so hope help may be forthcoming. My husband has a blue badge and parked in a disabled bay at the RUH Bath, displaying the badge. We've now received a parking charge notice from ParkingEye with photos displayed of times of entry and departure in the 'drop-off and disabled parking only' area. These show a stay time of 1 hour 12 minutes. I've checked and the parking regulations changed recently so my husband should have registered his badge with the RUH prior to parking. He only attends the RUH to help with a research project and was not made aware of the change to the regulations by the research company based there. Is there any point appealing to ParkingEye in this situation or should we put it down to experience and cough up? Alternatively, perhaps we could ask the researcher to pay the charge? Any help really appreciated.

pogofish

There are a great many near-identical threads here!

However the Newbies Sticky at the top of this forum is the place to start as it covers the entire process of challenging Parking Eye in full detail. TBH, your situation means very little to them as PPCs do not deal in fact but there are a range of effective arguments you can sill use against them.

He should also raise hell with the research company/hospital/PALS as they can get this cancelled without the faff of a POPLA challenge - And remember that Blue Badges are not valid on private property - its the Equality Act that applies here and that covers all suitably disabled people regardless of badge.

Nickyvan

Thanks so much. I've complained to the hospital and also intend submit the following to the appeals email detailed on the PCN. Any advice on additional content/amendments etc gratefully received. FYI my husband has Parkinson's and is easily confused so I want to be as firm as possible about this.


You issued me with a parking ticket on 11/04/2017 but I believe it was unfairly issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reason:
The alleged contravention did not occur
Quite simply, the vehicle was not parked inappropriately at the time the ticket was issued. This is due to the fact that the blue badge for disabled drivers was clearly displayed and the car was parked in a disabled bay. Please see attached evidence of the blue badge as proof of my claim.

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.

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.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

pogofish

Don't send that just yet.

You don't have to send anything till you get an NTK from them - and its important you don't. Writing to them just now will mean you give them your details for free and let them-off scott-free from the requirement to issue a POFA-compliant NTK within the appropriate timescale. You would be surprised how often PPCs screw-up that basic step and its entirely in your favour.

In the meantime, whilst waiting for a reply from the hospital, take the time to read the Newbies Sticky carefully to inform yourself fully and put together a more careful appeal that will give you the widest range of options at the POPLA stage.

Post it up here (without identifying details of course for more constructive advice when you have it together.

Half_way

please read the nhs parking principles (Google it) and use that to base a complaint to PALs

Nickyvan

Thanks again, I've re-read the Newbies info and according to that it seems the PCN which arrived in the post addressed to my husband with all the details of the car and relevant dates is the NTK isn't it? In this case, this would mean that I should appeal using the email details on the back of the PCN? Or is it best to wait to see what the PR department of the hospital says? Anyway, I'll have another look and include a bit more from the blue template (appeal for BPA members) to my suggested words above. So sorry for all the questions, I really do appreciate the help.

Redx

change "my claim" to "the defence" or something similar, you are not making claims, they are

the RK sends the appeal template as KEEPER using the methods described on their postal NTK , so adapt the BLUE TEXT appeal in the NEWBIES sticky thread

DO NOT ADMIT OR INFER WHO WAS DRIVING

the RK or keeper has 28 days to appeal, so if there are delays due to contacting PALS, do not miss the appeal window deadline

and contact PALS and insist that they cancel this speculative invoice , based on the EA2010 and also the NHS parking guidelines too

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

there are hundreds of similar hospital threads on this site over the last 16 months or so , the advice always remains the same

Umkomaas

Make sure you get your initial appeal in so you don't miss out on a POPLA code. Any excuse not to give you that code will be taken by the PPC - missing their deadline for appeal, or not appealing via the process described on their NtK are two of the most common issues.

In any contact with the PPC, be careful not to identify the driver.