Advice for a strange situation

Coupon-mad

Actually you could just send the blue template to CEL, even though it's technically too late, and replace the larger paragraph about obtaining your data from the DVLA with a section telling CEL that a formal complaint has been made to the GP's surgery who have already contacted CEL to cancel it, so you expect to receive confirmation.

You will be defending a court claim if the Practice Manager doesn't get her act together. Did you know NHS Car Parks are not even allowed by the Government guidance, to operate in a way that clearly incentivises a private firm to fine (i.e. income from PCNs only).

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/481556/HTM0703NovemberUpdated.pdf

http://www.independent.co.uk/news/uk/home-news/hospitals-still-allowing-private-parking-firms-to-prey-on-visitors-with-penalty-fines-10047797.html

Applies to GP Surgery car parks too.

However, if you end up defending a claim, you will need our advice to win it (we've never seen CEL beat us and have 99% win rate here across all PPCs, where a poster sticks around for advice through to their hearing). You'd be surprised, it's well worth fighting any PPC, it's defendable and people are so exhilarated when they win!

Collingsisit

That is some very interesting reading! I will update you all tomorrow on the outcome of the phone all with the practice manager.
Thank you both for your advice.

beamerguy

Collingsisit wrote: »

That is some very interesting reading! I will update you all tomorrow on the outcome of the phone all with the practice manager.
Thank you both for your advice.

Cannot wait to see what this practice manager now says

Check out about CEL, they are so nasty they tried to
rip off the staff at the Co-op after being sacked

The practice manager needs to move her butt as you
will not be the only one or the last where these cowboys
are involved

http://parking-prankster.blogspot.co.uk/search?q=cel

Collingsisit

Afternoon All...


Well the practice manager seems to be non-contactable today. No reply to email or phone calls.
I feel as this is going to be a dead end, as she usually replies pretty quickly to me. But regarding this matter, I don't seem to get any reply.


So im wondering now what my options will be. I have done some extensive reading, and the NHS Parking principles were quite interesting. I don't know whether to write another appeal to CEL, stating the reason for delay with the 1st appeal was due to being told that the invoice would be cancelled (with proof in email form). I was told by the practice manager NOT to contact CEL, which has not put me in a good standing.


Another tidbit of information. The manager stated she gets 3 cancellations per month. Does this have any sway or legal implications. As would they need to advertise this in anyway? In light of this, would they have a " genuine shopper clause" in the contract? As I have given them proof I had permission to park, and reasonable cause to park there.


Perhaps im grasping at straws now...

Coupon-mad

I don't know whether to write another appeal to CEL, stating the reason for delay with the 1st appeal was due to being told that the invoice would be cancelled (with proof in email form).

Yes already said, do that, because CEL don't like to see the blue template appeal:

Actually you could just send the blue template to CEL, even though it's technically too late, and replace the larger paragraph about obtaining your data from the DVLA with a section telling CEL that a formal complaint has been made to the GP's surgery who have already contacted CEL to cancel it, so you expect to receive confirmation.

I was told by the practice manager NOT to contact CEL, which has not put me in a good standing.

She is deluded. She is wrong. She seems to think it's OK that they can arrange the princely amount of 3 cancellations per month, and leave all other victims out in the cold to be sued. Not OK. It's also not OK that the Practice allows this at all, so a complaint to your MP would help.

Collingsisit

Thank you again Coupon-mad.


Blue template has been sent via their online appeals, with the edit you advised. Shall see what happens with this one!


I won't hold my breath that I'll hear from her. I just find it very poor, to dish out advice such as " don't contact them "


If this does go to claim, I will be involving them in the proceedings. As I don't believe CEL will want to their client implicated in such a way.

Collingsisit

Just a quick update. Due to lack of reply from the practice manager, my manager is now piling on the pressure. See if this gets me anywhere!

I have continued my reading, and found something interesting. According the BPA’s code of conduct, they must have the written consent of the landowner to take the accused to court... this was read on another thread on another forum. Is this true? I will revisit BPA aswell to look over their wording.

DoaM

The written consent is in the form of wording within the contract between the GP Practice and CEL. It depends on what that says ... there doesn't need to be specific, individual consent on a case-by-case basis.

Collingsisit

I did wonder if that was the case. But thankyou for your reply.

So I now have written confirmation from the practice manager ( after being told off from mine ) that the invoice has been cancelled and should expect no more letters from CEL.

I live in hope.

I will keep you updated of anymore developments. But thankyou all for your excellent advice.

The_Deep

Is there not a Practise website on which you can leave feedback?