Help - I've already told them who the driver was!

JessB

Hello lovely people. Hoping for some friendly advice - this is my first post since 2009 so I'm not at all well versed in the world of forums!

I've read through all the newbies info but hoping for a bit of advice - as it seems I should have come here much earlier - I need to know whether I'm screwed or not....

My husband, as registered keeper, received a PCN from Civil Enforcement Ltd for parking in our local hospital car park 'without authorisation'. The car park is free but you are required to enter your reg number on ipad-type screens inside the building. On the day in question I was driving our baby to an appointment at the hospital, when we arrived the door to the area we were visiting was locked and the person who came to open it was the lady we had the appointment with. She invited us to sit down and the appointment started straight away - meanwhile I completely forgot about entering my details on the iPad.

So, a PCN duly arrived and in panic I submitted an online appeal explaining what has happened, how I've always entered details on previous visits, it was a genuine mistake etc etc. Oh, and telling them it was me driving. I thought going down the polite route would appeal to their better nature and they would see I did have legitimate reason to be in the car park. It seems not and they've replied to say my claim was unsuccessful.

It's only now crossed my sleep deprived mind to look here for advice - and what I've read over and over on the Newbies thread is 'don't tell them who the driver is' and 'don't make excuses'. Hmm, fail and fail.

My question then - is there any point appealing to POPLA or have I messed up and should just pay the reduced fine?

Any advice gratefully received. Please don't tell me what a fool I've been, I'm beating myself up already and wondering how I'm going to afford the fine whilst in the depths of unpaid maternity leave
:embarasse

Thank you

Umkomaas

My question then - is there any point appealing to POPLA or have I messed up and should just pay the reduced fine?

It is not a fine. Get that out of your psyche - it is a speculative invoice.

Giving the driver’s details loses the Protection of PoFA 2012, but is not fatal.

The CEL business model is largely based around hassling the naive and unwary into coughing up with minimal fuss. They don’t like dealing with detailed POPLA appeals (or court defences) and withdraw once they’ve squeezed the motorist by giving them plenty to do, but with no intention on their own part to fight it.

So get a detailed POPLA appeal together and this is winnable.

The NEWBIES FAQ sticky, post #3 tells you how to win at POPLA, and includes ready-to-use template appeal points (just copy and paste) to form the basis of your appeal. You obviously won’t be able to use the ones about PoFA or the PPC not knowing who the driver was. Let us see your draft before submission. Don’t miss the POPLA deadline.

But you seem not to have involved the hospital’s PALS service (Google it) as they will often act in your behalf and get the PCN cancelled.

Half_way

Contacting the Hospital PALs service, as above should be right up there towards the top of your priorities, however it would be advisable to post on here first anything you may wish to say to them so it can be checked before you either shoot yourself in the foot, or waste time

this is recomended reading for NHS cases : https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles
especially the section on contracted out car parking, as quite a few sites come up with the nothing to do with us, we contracted it out to a private car park company
in particular

NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

Another thing that may point in your favour is if you know what hospital it is/was, some NHS site boasted of a new car park system that was free for the Hospital, as the parking company kept ( what the media referred to as ) fines, with the NHS trust keeping the money from standard tickets - this directly contradicts with this

Contracts should not be let on any basis that incentivises additional charges, eg ‘income from parking charge notices only’.

The_Deep

Even if you were to lose at PoPLA, it is more than likely that a judge would find for you. As the car park is free, the PCM has probably been given permission by the trust to keep any penalties it can gouge out of the unsuspecting public.

Under no circumstances pay them a penny unless a unless a judge so directs, they are not out of pocket, the hospital has lost nothing, it is a scam designed to intimidate the gullible and the vulnerable.

Half_way

the PCM has probably been given permission by the trust to keep any penalties it can gouge out of the unsuspecting public.

which would be in direct conflict with the NHS parking principles

JessB

Thank you so much for your responses. Next stop PALS, I'll let you know what they say.

JessB

*UPDATE* I've just had a response from the PALS team at the hospital who have confirmed they've had the PCN cancelled. Thanks so much for the advice on here and the main site - without it I wouldn't have realised the landowner can get tickets cancelled. Frightening how many people must just pay up.

Redx

agreed and well done

it is disgraceful , so please email your local MP about it and ask them to support the private members bill currently going through Parliament (second reading next feb)

and in future , no blabbing , lol