Pcn at hospital

Yvo

Hello,

First of all, please forgive me if this has already been covered. I've beem through the newbie thread but couldn't find anything about my situation. I just wanted a 2nd opinion to continue the fight to my PCN or to pay up the discount. I have no problem fighting it to court bit not if I don't have a chance of winning.

The situation is as follows; I work in a statutory role within the mental health act. I had a job to do in the hospital in Basildon and entered a multi storey carpark ran by First parking. When i entered it the digital display said there were spaces. But i drove around for quite some time (between 15 and 20 minutes) and couldn't find a space. I got proor for this because i own a dashcam. Therefor I double parked because I would be breaking the mental health act code of practice if I would be late. When i returned 2 hours later sure enough, I received a PCN.

I already appealed to firstparking (I only stumbled on this forum now) arguing that they broke the contract in the first place because they said there were spaces when there were in fact none. Secondly because of that they said there were spaces but there weren't i didn't have a choice and had to double park or I'd break the law. I also started paying for just driving around in a carpark.

I had about 6 pieces of evidence but could only upload one. The appeal by them was refused because they said I did double park and that it was clear i shouldn't, not mentioning any of the other circumstances. I didn't expect them to clear it anyway.

Anyway, foolishly I did admit I was the driver, once again only stumbled on this very useful forum now.

What do you think, try POPLA or take the discount?

Yvo

Correction in my terminology, I in fact got a ticket for parking outside a marked area. There were some lovely pictures attached.

KeithP

Yvo wrote: »

What do you think, try POPLA or take the discount?

Go for PoPLA and take the 100% MSE discount.

Fruitcake

PoPLA, definitely. The mugs discount is for Mugs.

Have you complained to the hospital management and/or PALS. You should do so, as well as complain to your MP. Have you read the NEWBIES with the information there about what MPs said in parliament last Friday? You should use those very damning words about the unregulated private parking industry in every complaint you make.

Use all the template PoPLA appeal points available to you from the NEWBIES and post your draft here for checking before you submit it. Get your own pictures of the entrance and signage in the car park.

Ralph-y

you have know idea as to how unregulated this industry has descended into ...

while you look how to fight this .... and please do

take a few mins out to see what our MP's think about this massive scam ...

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

it may help your resolve

Ralph:cool:

Coupon-mad

No-one here pays F1rst parking.

First of all complain to the Facilities Manager at the Hospital, demand they cancel it.

If they will not, then appeal to POPLA of course (plan B, must be within 32 days of the POPLA code issue). Read the NEWBIES thread post #3 and show us your POPLA draft.

If you lose, so what, it's only F1rst and yes, they are beatable in court, if they try (not huge players).

waamo

Ask the hospital for a copy of their parking policy. It may even be online. I have come across some that are so out of date they would give POPLA a right laugh.

Some predate POFA and may be full of ways out.

Yvo

Thank you for all the pointers; I'll contact PALS and will draft a letter for Popla and share it with you before I send it off.

I will also complain to my MP. It is so ridiculous I can't even do my job without getting fined. These companies are absolute thugs.

Yvo

Small update; I have learned the hospital does not have an actual written policy. However, they let the signs say there are spaces available when the carpark is full on purpose. They say they do this so emergency vehicles so there is not a queue and emergency vehicles can pass more easily, and they justify misleading people by saying there is a high turnover rate of cars.


I have experienced firsts hand there is no high turnover rate and people sometimes spend 1 hour looking for a space and missing appointments or parking outside the bays and getting fines after they are misled.
I requested data on how many cars enter and leave the carpark during set times, and how many of the cars that enter leave again within 30 minutes (they usually do not park but just drive around looking for a space).


But what a surprise, they did not want to share this information. But I have requested it via the Freedom of Information Act so I guess i'll get it anyway at some point. I will then send a letter to the local MP explaining that people are being misled and then ripped off so hopefully something will then be done about it.


In any case, I still have to file an appeal with POPLA. Do you think the misleading entrance signs will qualify in the POPLA online appeal as 'I was not improperly parked' or under 'extreme circumstances'?


Thank you in advance for your reply.

Half_way

Have you contacted the Hospital, reminding them of the NHs parking principles?
https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Contracted-out car parking

NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.
NHS organisations should act against rogue contractors in line with the relevant codes of practice6where applicable.
Contracts should not be let on any basis that incentivises additional charges, eg 'income from parking charge notices only'

Coupon-mad

Do you think the misleading entrance signs will qualify in the POPLA online appeal as 'I was not improperly parked' or under 'extreme circumstances'?

I never use either of those choices, we just tell people to do a decent POPLA appeal including all the usual template points and embedded with your photos (NOT uploaded separately, make it one pretty, illustrated and readable document), save it as a PDF and upload it to POPLA under OTHER.

Only 'OTHER'. No point ticking the rest of the boxes when your appeal is in a PDF.

You will not be able to say 'I was not improperly parked' anyway.

Can you get the fact that they deliberately advertise spaces, when there were none, in writing from the Facilities Manager, or was this hearsay in a chat? Doesn't help...

Read other Hospital POPLA appeals by searching for something like this on the forum:

POPLA NHS Car Parking Principles Landowner authority

...and then show us your POPLA appeal draft over the weekend, cribbing from other ones. DON'T look for one about F1rst - you'd do well to copy a decent Gemini one and adapt that, as long as it includes all the usual stuff from post #3 of the NEWBIES thread, plus a section about breach of the NHS Car Parking Principles.

You cannot use anything re the POFA. Annoying, because the keeper would have 100% won!

Even if you lose it's no big deal. You won't be PAYING!