Parking Eye in Hospital

luke123456

Thanks so much to you all for your replies and help

I have escalated the complaint within the NHS To the head of complaints and the next step will the Trust directors

I will draft my POPLA appeal asap alongside the NHS complaints line I am pursuing

Dadsma I appreciate your help so much as I am struggling to get the POPLA appeal done this week. I have messaged you privately

Thanks All!!!!

Coupon-mad

Yes, escalate it to the NHS trust CEO by name, complaining that the NHS trust is blatantly in breach of the Government policy as set out in an official Dept for Health Technical Memorandum. Copy in your MP at the same time, they need to work harder now with an election to focus their minds. Make sure you link this (read it first to find the relevance):

https://www.gov.uk/government/publications/nhs-car-parking-management-htm-07-03

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/481556/HTM0703NovemberUpdated.pdf

And work on a POPLA appeal too. It will not b won on the story of the Blue Badge. POPLA codes last 30 days so forget Sunday.

luke123456

Thanks C-M

I will do as you say

My PE rejection letter with the POPLA code came on 17/04 so I assume I have till 17/05?

Redx

luke123456 wrote: »

Thanks C-M

I will do as you say

My PE rejection letter with the POPLA code came on 17/04 so I assume I have till 17/05?

NEVER ASSUME

your popla code has an embedded date in it and the 28 days starts from that date , which could be a day or two before the date of the letter, so best to err on 28 days from the date of the letter , for safety - NOT THE DATE IT ARRIVED !!

too many people have been tardy on this and run it to the "assumed" wire, only to find that elvis has left the building and there are no prizes for being late

today is the 10th , get the popla appeal in by friday this week ,

ie:- get a move on , you have had weeks to sort out a draft popla appeal

dadsma

I sent the OP a link to my POPLA appeal and a code date checker so he will hopefully post a draft here soon.

After my efforts to post my appeal met with forum error messages, access via my home IP address has been blocked. I messaged MSE but have had no response so I am posting this from a shopping park which is a bit inconvenient. If a forum member has a shortcut to MSE technical please would you request them to unblock my IP address. They also need to sort out why the system thinks the 4000 word appeal I tried to post is more than 27000 words. Thank you.

luke123456

dadsma wrote: »

I sent the OP a link to my POPLA appeal and a code date checker so he will hopefully post a draft here soon.

After my efforts to post my appeal met with forum error messages, access via my home IP address has been blocked. I messaged MSE but have had no response so I am posting this from a shopping park which is a bit inconvenient. If a forum member has a shortcut to MSE technical please would you request them to unblock my IP address. They also need to sort out why the system thinks the 4000 word appeal I tried to post is more than 27000 words. Thank you.

Hi Dadsma

I had this problem recently, apparently it happens when you try to copy and paste something from a word document or similar into a new forum post....

I have just messaged technical help on your behalf. All you have to do is get your IP address and give it to them
Go to whatsmyip.org and it will give you your IP Address and have it ready for them.

I have copied you into the email I sent to Tech support

luke123456

Apparently according to the POPLA Code checker I have till Monday 15th! Phew that gives me a bit more time, I am currently reviewing what Dadsma kindly sent me and will be back with a draft asap

dadsma

luke123456 wrote: »

Dee's Response;

I can advise that your parking charge was looked into and my response was not influenced by ParkingEye in anyway.

Parking enforcement is not disallowed by the Government and the trust’s parking complies with all Government regulations. The signage around the site is also approved by the BPA (British Parking Association)..............

I have answered the rest of your questions below in bold.

I regret to advise that I still stand by my original decision that the parking charge was issued correctly and that there are no grounds to cancel............

I understand you still have a right of appeal via POPLA following your unsuccessful appeal to Parking Eye. If you wish to further contend your PCN I would advise you follow that route.

Regards

Her responses to my points which I sent her

9. why the NHS Trust does not cancel these fines immediately, if a Blue Badge is shown at appeal stage, given the fact that I meet the definition of disability under the Equality Act 2010? - Blue badge holders like able-bodied drivers are required to follow the rules and regulations which govern parking at any site. Most appeals will be cancelled for the first offence where it can be proved that the badge was used by the authorised holder, which unfortunately is not the case in this instance. Please also refer to page 17 of the guidance in regards to places you need to check before parking

10. whether you or any staff members in the Car Parking 'team' (or anywhere on site) are in whole or in part, remunerated by ParkingEye? Or whether a payment is made towards running costs/dealing with complaints? If yes, how much is paid by ParkingEye and to fund what? -The trust receive no remuneration from Parking Eye and they provide a single parking attendant to assist with traffic management and making payments at the parking machines Monday to Friday 07:00 to 15:00. All other staff involved in parking at the Royal Free Hospital are employed by the trust.

The hospital and its staff may not be paid by Parking Eye, but there is still a clear financial incentive for them not to cancel - That is because the schedule to the contract with Parking Eye contains a worrying stipulation. It gives the hospital the right to cancel but beyond a redacted number, PE then charge the hospital for each one. Such a situation must be likely to exert undue influence on a cash-strapped Trust as they are penalised if they cancel.

I would therefore treat Ms Davis's claim that her response was not influenced by PE in any way with suspicion.

It would be interesting for the OP to ask the hospital to reveal the actual number of cancellation requests that are allowed free before PE are able to charge to cancel. He could also ask how many cancellations were requested by the hospital and how much was paid to PE for cancellations for each year of the contract until now.

luke123456

Regarding my POPLA Appeal, I which to base it on These 6 points, please give me your thoughts and I will post my full POPLA appeal here later today

1) The signs in this car park are not prominent, clear or legible from all all parking spaces and there is insufficient notice of the sum of the parking charge itself.

2) No evidence of Landowner Authority –The operator is put to strict proof of full compliance with the BPA Code of Practice

3) The operator/landowner has not complied with provisions of the Equality Act 2010

4)No standing or authority to pursue charges nor form contracts with drivers.

5) Unreasonable and unfair terms – no contract agreed to pay £100. Fails the ‘Aziz test’.

6) No genuine pre-estimate of loss

Umkomaas

1. Are you sure? PE signage was held up in the Beavis case as being sufficiently prominent, especially the parking charge amount, which was very obvious. Are the signs at the hospital materially different to those in Beavis?

2. OK, subject to you fleshing it out.

3. Equality Act - never seen any POPLA case where this has proved helpful. But you can keep it in, it won't do you any damage, it will give PE something to answer, and, added to the long appeal you will be developing, may be enough for them to find it all too much of a hassle to deal with - and withdraw at the POPLA stage.

4. As in 2 above.

5. Would need to see your draft, but haven't seen this in recent POPLA appeals.

6. No GPEOL - dead in the water for over 18 months; put that in and you could well lose despite having other strong appeal points. The Beavis case killed GPEOL as a winner.

But - have you not been through post #3 of the NEWBIES FAQ sticky where there are template POPLA appeal paragraphs ready written for you to copy and paste (and which have beaten large numbers of PPCs - including PE) and there will be links to other winning appeals.

So use that source before applying any early effort to fleshing out your own list of appeal points - much quicker, easier, and a lot of the work already done for you.

HTH.