Hospital PCN - complained to landowner but told to appeal through PPC

SweetPJ

Hello,

The driver of a car registered to me was unlucky enough to receive a windscreen PPC from "Excel Parking" for not parking in a valid, marked bay at a barrier-controlled, non-charging hospital car park.

A complaint was subsequently addressed to the NHS Foundation Trust but we were told to "appeal through Excel" before coming back to them to see what they could do.

The driver believes this charge to be unfair given the circumstances. They were attending the hospital for a legitimate purpose and found the car park full. They required a code for the barrier so could not look for alternative parking - the time until their appointment was getting ever closer and so made the decision to park in an unmarked area - this did not block any vehicles in or cause an obstruction however. By the time they gained the code for the barrier and were ready to leave the car park they found they had received a PCN for £40.

From my understanding, any appeal to the PPC would be unlikely to succeed given that there was plenty of signage telling people about any parking restrictions. At the same time, we feel the "fine" to be excessive.

I am aware that the landowner can cancel the PCN, however they seem to want people to go through the parking company first. The car is registered to an address in Scotland and the incident took place in England. Is the best approach here just to ignore given this to be the case? Would the advice differ if the car was registered to an English address?

Thanks for your help!

Coupon-mad

A complaint was subsequently addressed to the NHS Foundation Trust but we were told to "appeal through Excel" before coming back to them to see what they could do.

I would appeal as keeper of the car, like this:



Dear Excel,

Re PCN xxxxxxx - this is the subject of a formal complaint to the NHS Trust

I have made a formal complaint regarding the parking operation at the NHS car park at xxxxxx and the unfair fine imposed upon the driver, which I am aware breaches the NHS Car Parking Principles set by Government.

I am the registered keeper if the car and have been advised to appeal to Excel first, after which if you refuse to cancel the PCN, will revert to the CEO of the NHS Trust, to review the matter. I am also aware that it is likely the NHS Trust has the option to require that a ticket is cancelled at a cost of some £10, and since I contacted them immediately I expect that arrangement to remain frozen whilst Excel considers your response, and re-offered if rejecting this appeal.

The driver believes this charge to be unfair, given the circumstances. They were attending the hospital for a legitimate purpose and found the car park full. They required a code for the barrier so could not just leave and look for alternative parking - patients caught like this are unfairly penalised when the appointment time is due and are effectively trapped in the car park. Clearly this is an unfair business practice and contrary to the Government policy; there should be a simple method to raise the barrier within a 10-15 minute Grace Period, to release a driver who has been unable to find a space or is merely dropping off or picking up. In this case, by the time they gained the code for the barrier and were ready to leave the car park, after parking in a non-obstructive manner since they could not leave, they found to their horror that they had received a PCN. Effectively, a fine for prioritising the appointment.

I am aware that Excel does not rely upon/comply with the POFA Schedule 4 in your charge notices, so you can only hold a driver liable in any case. That driver will not be named, as is my right as keeper of the vehicle, and you will then be unable to hold me liable, should Excel proceed further. Any demands issued to me will be considered harassment.

I am also aware that Excel does not offer POPLA, and that your so-called 'IAS' is absolutely not considered to be a viable option, as it has shown itself to be a completely unsuitable ADR for consumers, being run by your own Trade Body and regularly reported as displaying alleged repeated bias and bizarre decisions in favour of its members, when hapless motorists futilely appeal and the system 'goes through the motions' of considering the matter.

Should Excel refuse this appeal I will not avail myself of that farce and will instead revert to the NHS Trust and will escalate my complaint to the CEO, Mr xxxxxxxx*, in person.




*look up that name and use it. If Excel reject, NO IAS!! Revert to the CEO of the Trust.


P.S. before trying the above, contact the Facilities Manager again today and offer outright to pay the tenner to cancel the charge (Excel only have a VERY short window allowing landowners to do this, so insist yours in one of the October cancellations and offer to cover that fee). Do that again FIRST, telling the Facilities Manager that you are well aware Excel are notorious ex-clampers who will almost certainly not cancel this charge in a million years, on appeal, so the previous advice from the NHS Trust is unfair and wrong, prejudicing your right to settle it.

INSIST. Stay on the phone, be a bugbear to the NHS Trust. Be that person who won't back down.

If the Facilities Manager doesn't agree that they can cancel these for a tenner, tell him you believe Excel contracts are pretty standard and they can, but time is of the essence. Ask him/her to check the contract and user manual and they should find a number can be cancelled per month by this method. By fobbing you off to 'appeal' pointlessly, they are throwing away that early concession and this is clearly wholly unacceptable for the NHS Trust to do to people.