Parking charge notice for going to work (hospital)

Coupon-mad

How much bearing do principles from the gov.uk website have on POPLA cases?

Never seen a decision made on that point but it's all about weight of evidence and making a nice long POPLA appeal to encourage PE to fold!

Realistically, what are my chances here?

I'd say you will probably win. Embed the screenshot from the Hospital's website directly into the document to make it longer and illustrated, to draw the Assessor's eye to the Hospital's wording. Don't upload separate PDFs, just the one, under 'OTHER'. It all looks good to go.

justpassingthrough24

beamerguy wrote: »

I find it all very odd when the NHS are desperate
for new staff and then try to get rid of existing staff
through stupidity

Somewhere, somehow, when brains were issue, very little
went into the NHS

Tell me about it the only thing keeping most of us here is because we're decent human beings and actually care about people. They know that, so they'll treat us however they want.

Coupon-mad wrote: »

Never seen a decision made on that point but it's all about weight of evidence and making a nice long POPLA appeal to encourage PE to fold!

I'd say you will probably win. Embed the screenshot from the Hospital's website directly into the document to make it longer and illustrated, to draw the Assessor's eye to the Hospital's wording. Don't upload separate PDFs, just the one, under 'OTHER'. It all looks good to go.

Thank you! Is there not any other evidence I'd need to upload, like a screen shot of the NHS parking principles?

Should I include this point I added in desperation?


3) Breach of the BPA Code of Practice on ANPR

It is submitted that this charge was not properly given because it breaches the BPA Code of Practice regarding ANPR which requires checks to be made to ensure that a charge is ‘appropriate’ before issuing a PCN.

I put this point forward as I have parked in the same spot many times before, at the same times. This can be proved with ANPR’s very own footage showing me leaving and entering the site at the same locations and the same times.

I have not once received a penalty charge notice for parking in a similar fashion.

This begs the question as to whether ANPR’s cameras are now correctly working but were not working the previous times I had parked here, if on this occasion the camera was faulty and incorrectly issued a charge, or if the rules of the car park have suddenly changed within the last few months and it has not been clearly advertised as required by law.

Either way, this is a breach of the BPA code of practice on ANPR. At some stage, either then or now, the ANPR cameras must have been faulty.

So I suggest these checks were not made and that the operator has contravened the requirements of professional diligence; a duty of consumer-facing service providers.

I put this operator to strict proof that these checks were made (showing full records from that day including the VRN list of payments around the time in question) and to explain why a charge was issued

To charge under these circumstances with a faulty camera, was not ‘appropriate’ or fair and contravenes the ANPR requirements of the BPA CoP.

Further, the signs fail to inform a driver what the ANPR data will be used for. When parking in good faith to reach a shift, obeying the terms of the car park, I had no idea that secret camera data would later be used against me to bind me to a charge I knew nothing about and did not agree to. I thought the cameras were there for security, due to the lack of any other information (a black icon showing a camera communicates nothing). Failure to tell me how the data will be used is an ICO breach AND a ‘misleading omission’ of a material fact – prohibited by consumer law.


I know that a couple of years ago, the hospital revamped its contract with PE and added in extra more clear signage etc after a barrage of complaints with people receiving unfair PCNs. Makes me a little worried that PE won't fold, that they'll be able to whack out this new contract and silence me, and say this PCN was completely fair. Does that point above hold any bearing? I feel like it's going to be quite hard to win on contract breaking otherwise.

nosferatu1001

The aim is you use ONE PDF with your ENTIRE appeal in it
Long narrative appeal with photos included within i, to break up the text, so the assessor can instantly see whats what.

justpassingthrough24

Another change of events:

I thought before submitting the POPLA appeal, I would give the hospital's parking office another try, face to face rather than via email where they can see me as a an actual human being.

They've thankfully agreed to cancel the PCN :j

The conversation was followed by an email requesting my PCN number and confirming they will cancel it.
"I'm happy to cancel these PCNs on the understanding that we can only do this once and any further violations may result in another PCN" - I've asked for further clarification of my "violation" so that it doesn't happen again.

I'm sorry if I've wasted so much of all your valuable time but I am so grateful to everyone that helped, especially Coupon-mad :beer:

I hope this thread can at least help someone in future who's in a similar situation.

Moral to the story is hospital staff - always do everything in your power to get a PCN cancelled directly from the parking office!


Is there anything I should be doing right now? Do I need to contact PE and let them know?


Thank you all once again, I keep saying it but can't thank you enough

Ralph-y

well done ... :j

"Is there anything I should be doing right now?"



how about ....


this is a copy of a post by Bargepole ....

"Some action at last:

http://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

This Private Member's Bill has Government and cross-party support, and stands a good chance of making it into statute.

The full text of the clauses will be published nearer the date of the second reading, but my sources tell me it's something we should support.

Now would be a good time to write to your MP urging them to support it."

let here know that there have been many complaints about this car park scam

he/ she may well help intervene

good luck

Ralph:cool:

Quentin

The game is not over till you get written confirmation from the PPC.

Don't miss out on the popla deadline should you not get anything in writing from them by the last day to use your popla code

Umkomaas

Moral to the story is hospital staff - always do everything in your power to get a PCN cancelled directly from the parking office!

Yep, the moral of the story is that a cancellation from the landowner is by far the most potent.

Is there anything I should be doing right now? Do I need to contact PE and let them know?

Depends where you are in relation to your deadline date for submission of the POPLA appeal (sorry, not ploughed back through the entire thread - too many others on the go at the same time).

If there's more than around 10 days, wait for PE to confirm the cancellation in writing (to be fair to them they are efficient and professional in doing this).

Fewer than 10 days, then I'd be looking to fire off your POPLA appeal with a final paragraph to say that the hospital has confirmed to you that they have decided the charge should be cancelled. Safety first, cover your back, PE can be extremely litigious.

Thank you all once again, I keep saying it but can't thank you enough

Happy to have helped. Now go and look after your patients and forget about this sh|te!

By the way - have you resolved what you do about parking tomorrow, next week, next month .....? Or are you still faced with this dilemma?

Come back if you need any further/future help.