****Help with POPLA appeal****

jack123456

I'll get onto all of this straight away Monday morning! Thanks you guys!

jack123456

May seem like a silly question, but I don't quite understand about what was said about 'citing NHS guidelines being flaunted'. Thank you in advance.

Coupon-mad

Look at the Government's NHS car parking principles, as linked. They make it clear that a NHS car park regime cannot be let so that a private firm is incentivised by only getting income from 'fines'.

Read this:

http://www.independent.co.uk/news/uk/home-news/hospitals-still-allowing-private-parking-firms-to-prey-on-visitors-with-penalty-fines-10047797.html

That's the issue. This penalty regime is not supposed to exist. Not saying that NHS car parks can't have parking enforcement - but read the Guidelines.

jack123456

Ahhhh I see! That makes a lot of sense now, thank you!

Coupon-mad

Just to show you, someone on pepipoo just got £100 paid as compensation, out of court settlement from a PPC in a case where the car was never there. They also complained to the DVLA and made life very difficult for the PPC and Gladstones solicitors, who were both potentially liable for the unwarranted harassment of the consumer:

http://forums.pepipoo.com/index.php?showtopic=113424&st=40

That might help you draw up a suitable letter to email to ParkingEye's Enforcement team, and to the CEO of the NHS Trust, by name. You need to explain why the distress caused means you get compensation (citing Vidal Hall, and showing them the ICO article on that thread which confirms that the ICO are aware that compensation can arise for distress alone, not just 'loss' or damages).

And as already advised, in your case, as well as explaining that the car was NOT there on the day the PCN said it was, so there was no reasonable cause to obtain your DVLA data at all, you should mention the total disregard of the Government NHS car parking Policy, and demand of the CEO when ParkingEye's contract will be ended.

jack123456

Coupon-mad wrote: »

Just to show you, someone on pepipoo just got £100 paid as compensation, out of court settlement from a PPC in a case where the car was never there. They also complained to the DVLA and made life very difficult for the PPC and Gladstones solicitors, who were both potentially liable for the unwarranted harassment of the consumer:

http://forums.pepipoo.com/index.php?showtopic=113424&st=40

That might help you draw up a suitable letter to email to ParkingEye's Enforcement team, and to the CEO of the NHS Trust, by name. You need to explain why the distress caused means you get compensation (citing Vidal Hall, and showing them the ICO article on that thread which confirms that the ICO are aware that compensation can arise for distress alone, not just 'loss' or damages).

And as already advised, in your case, as well as explaining that the car was NOT there on the day the PCN said it was, so there was no reasonable cause to obtain your DVLA data at all, you should mention the total disregard of the Government NHS car parking Policy, and demand of the CEO when ParkingEye's contract will be ended.

Excellent, thank you for this, I will get this sorted and keep you all updated. Thank you once again.

jack123456

Just a quick one on this, is it worth requesting compensation from BOTH NHS Trust and PE, or just NHS trust?

Thank you in advance.

jack123456

Just to let everyone know, I have so far e-mailed the NHS England CEO Simon Stevens, and Tyne and Wear CEO John Lawlor.


I have written a detailed complaint to the DVLA and also written to Parking Eye Enforcement Team. I advised NHS and PE that I would be making a claim for compensation. I sent an E-mail to NHS and wrote a letter and posted to DVLA and PE.

Thanks for your help yet again.

Umkomaas

Great to see you taking a proactive and assertive stance by hitting key players in all of this. How about your MP, because he/she should be really interested in the response you get from the NHS?

It's a pity you didn't append to the NHS letters 'cc Hon Joe Bloggs MP' which would likely make them think twice if they were thinking of offloading you with a fob-off.

jack123456

Umkomaas wrote: »

Great to see you taking a proactive and assertive stance by hitting key players in all of this. How about your MP, because he/she should be really interested in the response you get from the NHS?

It's a pity you didn't append to the NHS letters 'cc Hon Joe Bloggs MP' which would likely make them think twice if they were thinking of offloading you with a fob-off.

I really wished I would have done that now you've said it, one of those simple things that I've missed off. I will follow on with an e-mail to my Local MP and an MP for Sunderland also. I will also be contacting local press, to see if they are interested in the story.