Parking eye fine / charge

ExtraMask

Hi, I recently received a parking eye charge for £70 (kindly discounted to £40 if i pay within 14 days). I parked in North Tees Hospital for 34 minutes (min free is 20 mins) while I was picking up my wife and new born child.

I'm not usually one to pay these things and have successfully fought numerous PCN in the past but I'm wondering how much chance I have of winning this one as it's a private company based on the fact I didn't purchase a ticket intentionally as I knew I wasn't going to be there long.

I've got a few questions.

Q.1:
If I appeal and write back to them in response, can I notify them that any further charges, demands for payment, threatening letters or involvements of third parties will result in me sending them an invoice for £100.00 and by doing any of the above they're accepting this as a legally binding contract?

Q.2:
Could I pay the charge amount to a charity in the name of ParkingEye and forward the correspondence to them to show a donation has been made in their name to (charity here) for the sum of £40.00 / £70.00?

Q.3:
Has anyone here had the same experience at a hospital and had a successful appeal that didn't go to court? Does anyone know how I'd find the name of the land owner for North Tees Hospital?

Marktheshark

Is the 20 minute parking free sign on the entrance or on the parking bay.

ExtraMask

Hi Mark, It's on the entrance. It's not signed badly or anything, I just didn't realise I'd be in as long as I was.

I was expecting to be in and out within 10 minutes but we then had to wait for a midwife to discuss something with my wife, so it ended up being 14 minutes over by the time I left the car park.

Umkomaas

Q.1:

Nope. They've had plenty of such likes. They will immediately respond with a letter refuting that you can form any such contract with them. You're up against two in-house Solicitors, so unless you're similarly qualified/experienced legally, I wouldn't back your position. You won't frighten them off.

Q.2:

Good idea - if you want to risk paying twice.

Q.3:

Possibly. Do some forum searches on 'ParkingEye North Tees Hospital' to find any reported successes.

If you want absolute confirmation of landownership you can get this for about £4 via the Land Registry - can be done online.

Coupon-mad

Make a complaint first to PALS and see if they will support the PCN being cancelled, as the delay was due to the final admin of a newborn baby & Mum being discharged, and just taking 14 minutes longer than the drop-off normally allows (which should be allowable for a new Mum, under the Equality Act 2010).

And check your PCN on the back, does it talk about the POFA and keeper liability/29 days?

Could I pay the charge amount to a charity in the name of ParkingEye and forward the correspondence to them to show a donation has been made in their name to (charity here) for the sum of £40.00 / £70.00?

No.

Has anyone here had the same experience at a hospital and had a successful appeal that didn't go to court? Does anyone know how I'd find the name of the land owner for North Tees Hospital?

Loads of cases won v ParkingEye at hospitals. Start with PALS though.

ExtraMask

Coupon-mad wrote: »

Make a complaint first to PALS and see if they will support the PCN being cancelled, as the delay was due to the final admin of a newborn baby & Mum being discharged, and just taking 14 minutes longer than the drop-off normally allows (which should be allowable for a new Mum, under the Equality Act 2010).

Can PALS instruct Parking Eye to withdraw the charge?

Do you know off hand what section of the Equality Act 2010 is relevant to this so I can use it in my appeal and email to PALS?

Edit:

Equality Act 2010 section 17 (3)A person (A) discriminates against a woman if, in the period of 26 weeks beginning with the day on which she gives birth, A treats her unfavourably because she has given birth.

So from my understanding:

My wife had given birth and wasn't as mobile as she would normally be (due to birthing complications) and therefore wasn't able to walk comfortably, which contributed to the delay in leaving the hospital.

The 20 minutes free time is for pickup / drop offs but a woman who has just given birth is a protected characteristic and due to the physical impacts. She is not within the "normal" category that the 20 minutes drop / pick up would cover and to treat her that way would be unfavourable to her and therefore breach Equality Act 2010.

And check your PCN on the back, does it talk about the POFA and keeper liability/29 days?

Yes this is on the back that they'll aim to recover charges from the driver until 29+ days and then it would fall to the registered keeper.

Half_way

The nhs parking principles clearly states that the hospital is responsible for the actions of its agents, ie parking eye.
if the hospital tells Rachel to jump then she must do as told.

Coupon-mad

Can PALS instruct Parking Eye to withdraw the charge?

Yes by referring it to the Hospital Facilities Manager on your behalf, who can. We do this ALL THE TIME!

And yes you have the right section of the Equality Act 2010, and the right idea about the complaint.

ExtraMask

Thanks for the replies.

I've sent the email to the PALS. Do I now sent an appeal to Parking Eye to make sure they don't go ahead with any further action as I'm still within the 14 days of "generous discount" period?

Umkomaas

Ignore the 14 days. It's intended to pressurise you into taking their bribe so you'll just allow yourself to be reeled in quietly, no fuss, no complaints, no appeal, just a nice cheque, thank you.

The deadline not to miss is their 28 days for your initial appeal. Don't miss that if you're still waiting for a PALS response near to it.

Redx

ExtraMask wrote: »

Do I now sent an appeal to Parking Eye

to make sure they don't go ahead with any further action as I'm still within the 14 days of "generous discount" period?

no , you dont "send" anything to Parking Eye

if PALS dont get it cancelled due to the advice above, within say 21 days , use the blue text template to appeal as KEEPER on their online website

so any appeal is SUBMITTED online , not "sent"