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ParkingEye Health Centre 15minutes for £100!

Hi,

So I've had a read through the sticky starting to get an idea of the process, just wanted to check through my case see if I have a leg to stand on and confirm how to proceede

I have a notice saying the car I am the registered keeper of has been picked up by ParkingEye going into and leaving a health centre, I have received the charge notice stating the time the car arrived and left the next day. The fine is 100gbp. I do not have a 'Golden ticket' the POFA is stated on the back

These, I think are my grounds for dismissal
- from one angle driving in you cannot see the parking signs until you have manuvered in. Therefore the entrance photo is only evidence The car was driven in at which point The driver did not understand the signage properly.
- The letter states that the car was parked for 12 hours when it should have had a permit, this is incorrect only 16minutes of the time parked (that evening) would have required a log in at the surgery in order to get a 90minute permit, the other 11.44hours are allowed under the terms of the sign. There is no mention of this in the letter
-they do not prove the car was parked and left in this 16minutes
-the car park was empty and there can be no loss that would constitute a 100gbp fine
-in these 16minutes the driver who is not familiar with the car park was/could have been dropping off a person who was a patient without 'parking' and even if they did stop 16minutes grace dropping and waiting for off an ill person is not unreasonable to expect. After this time there are not restrictions to the car being left there under the terms of contract.

From the sticky, it looks like the next stage is to either write to the surgery with the last point and simultaneously write to the parking firm with the template answer, or as I have a letter do I go straight to popla? My only concern is that the signage, whilst poor on the entrance was good elsewhere so the template seems to perhaps be the wrong approach. Can someone advise on how best to tackle this one?

Thanks!
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    complaining to the landowner is always correct, never any doubt on that idea, providing there was a legitimate reason for being there of course

    without a popla code, you cannot go to popla, its that simple
    the NTK you received will not contain any popla code at all

    PE monitor time on site
    they do not monitor "parking time"
    nor do they provide any proof the vehicle was "parked"

    the blue text appeal is used on the PE website , as keeper, to send in the appeal

    if they reject the appeal, they will then issue a popla code , at this point you start to draft your popla appeal based on the following legal points

    no landowner contract
    poor and inadequate signage
    not the same as Beavis
    any BPA CoP failures
    any NTK failures
    any POFA2012 failures
  • Adm4s wrote: »
    I have a notice saying the car I am the registered keeper of has been picked up by ParkingEye going into and leaving a health centre
    Let's suppose that you, as registered keeper, were not the driver, and that the person who was driving did not want it known that they were visiting the health centre. They should therefore go back there and lodge a formal complaint against the health centre for breaching patient confidentiality (essentially letting a third party know indirectly that the driver had been to the health centre).
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Definitely complain to the Health Centre first. They should be ashamed.

    Is this the one in Bristol (dodgy altered signs), or one in Brighton, that we've seen before?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Adm4s
    Adm4s Posts: 8 Forumite
    Redx wrote: »

    PE monitor time on site
    they do not monitor "parking time"
    nor do they provide any proof the vehicle was "parked"

    the blue text appeal is used on the PE website , as keeper, to send in the appeal

    Is this grounds to say the car was not parked until after restrictions ended?

    My question is also whether the fact the restrictions are incorrectly quoted on the letter that is is grounds in itself to throw it out?

    Are these things I should bring up in the initial rejection or at the popla stage?
  • Adm4s
    Adm4s Posts: 8 Forumite
    Coupon-mad wrote: »
    Definitely complain to the Health Centre first. They should be ashamed.

    Is this the one in Bristol (dodgy altered signs), or one in Brighton, that we've seen before?

    It is in Bristol, not sure about the signs being altered or not. What I did think I noticed was that the entry sign is also in three colours which I believe means it does not conform the the guidelines. Will need to double check this though...
  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Adm4s
    Adm4s Posts: 8 Forumite
    That would be the one! OK so I will scour that thread, I did see something about insufficient signage on that site so perhaps this is still the best defense?
  • Adm4s
    Adm4s Posts: 8 Forumite
    So I can get the ball rolling is the original rejection a formality I.e. Do Ijust copy and paste the template in the sticky as a standard rejection (quoting lettering and beavis and letting size) expecting it to go to the popla stage? Or should I start to build a case? Ask for evidence of it being parked, wrong colouring on sign, wrong restrictions quoted on letter etc?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just send the blue text appeal - as it is.

    Re-read post#2 above, by Redx, where he explains that it is for POPLA that you build a tailored appeal.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    do the template only

    no asking for further info as you are delaying it and playing into their hands

    the courses of action are

    1) complain to the NHS and get it cancelled

    2) appeal to PE within the 28 day appeal window and then go to popla if they fail to cancel

    simple as that
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