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Parking Charge Notice

Hi, I parked at Barnet Hospital in Hertfordshire two weeks ago and today I have received a Parking Charge Notice (PCN) from ParkingEye.

Initially on arriving in the car park, I paid £4 for four hours parking. I then returned; within the four hours, to put a further two hour ticket on my car. I paid £2, which I thought was the payment for two hours and I left the car park within the two hours.

I now find out that it costs £3 for two hours parking, so it turns out I only paid for an extra hour on the day. My fault that I misread the tariff. On the actual ticket (which I still have), it only displays the time when the ticket was purchased & the amount of money paid. If it had displayed the expiry time, I would have noticed that I needed to pay extra money.

Do you think I have a chance to appeal and successfully overturn the PCN?

Thanks for your advice in advance.

Regards,

Kath

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Read post #1 of the NEWBIES FAQ sticky thread to find out more about the game you are now caught up in.

    In there you will find a blue text template appeal already written for you.

    Send that appeal unchanged - no additions or alterations necessary.

    Send it as the vehicle's keeper.


    At the same time complain to PALS at the hospital.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    2 weeks ago? Be specific

    What day the the contravention occur?
    What is the date on the NtK?
  • KeithP wrote: »
    Read post #1 of the NEWBIES FAQ sticky thread to find out more about the game you are now caught up in.

    In there you will find a blue text template appeal already written for you.

    Send that appeal unchanged - no additions or alterations necessary.

    Send it as the vehicle's keeper.


    At the same time complain to PALS at the hospital.

    Thanks for your helpful advice. 👍🏼
  • Umkomaas
    Umkomaas Posts: 43,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Here's a link to a key case currently going through the county court system for this hospital and PE. Hopefully it might help you prepare fully for the worst case scenario, but you may be able to rescue it before it gets as far.

    http://forums.pepipoo.com/index.php?showtopic=120906

    POPLA must be your main opportunity to get this killed off - I don't think
    PALS at Barnet are as helpful to patients as we see most other hospitals are. Must be a cause of shame!
    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
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 12 October 2018 at 9:57AM
    The advantage of complaining to the landowner is that you can do just that: complain. You are much freer to 'tell it like it is' than is the case at the appeal stages.

    And in this case it's not a landowner you need to complain / explain to, but PALS who are used to understanding the 'patient/visitor experience'(!). If you were stressed on that day, tell them. If the hospital visit took much longer than expected, tell them. What comes across in your post is that this was a genuine error on the part of someone who really tried to pay the correct amount and who did in fact pay £1 an hour for parking, if you can convey that to PALS they should cooperate. The 'system' does sound confusing and things that are confusing on a good day can be ten times worse when visiting a hospital.

    Don't let Barnet Hospital PALS' possibly poor reputation put you off. Just do your best to get them on side and emphasise that you are strongly requesting that they cancel the charge. I found a success story on this forum quite quickly:
    https://forums.moneysavingexpert.com/discussion/5587479/barnet-hospital-parking-eye-penalty-charge-notice&highlight=parking+eye+barnet+hospital#topofpage

    Meanwhile, of course, enhance your leisure time by reading everything relevant here and ensure that you send the blue text appeal on the Newbies's thread to the parking company within the time frame. Oh, and one more important thing, don't reveal who was driving, not even to PALS. You complain to them as an occupant of the car on that day. You should edit your post here substituting 'the driver' for 'I' and refer to yourself as the Registered Keeper, assuming that you are.
  • Thank you for your comments. All the information is very helpful.
    I’ll post how I get on in due course.

    Kind regards,
    Kath:)
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Kaths wrote: »
    Thank you for your comments. All the information is very helpful.
    I’ll post how I get on in due course.

    Kind regards,
    Kath:)

    Kath - I specifically asked for the date of contravention and date on the NtK to eliminate the possibility of the NtK being served out of time - a 100%b sure fire winner.

    Check yourself if you don't want to put the dates on here. It needs to be 14 working days starting on the day after the contravention, but not a Saturday, Sunday or bank holiday. See POFA for details or put the dates up for us to check.
  • The date that I parked inBarnet Hospital carpark was 26th September 2018.
    The date the PCN was issued was 9th October 2018.

    Thanks for your help.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Kaths wrote: »
    The date that I parked inBarnet Hospital carpark was 26th September 2018.
    The date the PCN was issued was 9th October 2018.

    Thanks for your help.

    Just as well that you answered that because it looks like they are OUT OF TIME !! and can't pursue you as Registered Keeper, as long as you don't admit who was driving.

    POFA says

    8. 4)The notice must be given by—
    (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
    (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
    (5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended


    so, day after parking is

    1 27th
    2 28th
    3 29th
    4 30th
    5 1st
    6 2nd
    7 3rd
    8 4th
    9 5th
    10 6th
    11 7th
    12 8th
    13 9th
    14 10th

    So to comply, they needed to get the NtK in your hands by 10th October

    But POFA also says

    A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted;


    So to comply they needed to have sent the NtK on the 8th October, not the 9th.

    You need a single point appeal on Out of Time. Just adapt the winning point on post #3185 here on the POPLA DECISIONS sticky thread https://forums.moneysavingexpert.com/discussion/4488337/popla-decisions&page=160
This discussion has been closed.
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