Total Parking Solutions NHS staff charge

Littlecatwoman

Hi,

I'm about to form an appeal for a ticket i found on my car at 9pm on monday upon finishing a shift.
I parked on the prepaid staff car park. Paid from monthly wage, the car park is only entered via a fob and is barrier protected.
The car park is grossly over subscribed and if trying to park on a late shift like i was on monday it is impossible to find a space. I along with others parked on a yellow hatched area - this happens daily, basically car tetris. I'm not sure if this voids my case to appeal though.
Also the barrier was broken (lay on the floor) on monday as it is wuite often which leaves me wondering if the car park can be a bit of a free for all.
I have a template copied from another thread here, howere it talks of signage being unclear, and I'm not sure if it is relevant to my case. Is there more than on template or should i just use this? I will post it below to explain which one i mean.
I have already emailed my manager and department manager and am in the process of speaking to unison -again not sure if any of this will help but its worth a go.
I'm going to appeal through POPLA, but other than stating that I'm paying for a service that isn't provided (the parking space im supposidly paying for doesn't exist) and therefore i believe they are breeching this 'contract' held between us, I'm at a loss of what other reasons i can give.
Thanks in advance
The template i have is as follows...

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established inParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Umkomaas

I have a template copied from another thread here, howere it talks of signage being unclear, and I'm not sure if it is relevant to my case.

Well, the signage is the purported legal contract between you and TPS, including all the small print. If you're an expert in contract law, then if you deem it should be left out I will bow to your superior knowledge. Please tell us where it complies with all contract law.

The template i have is as follows...

Can you please confirm where you found and copied that? Just want to check you're using the most up to date.

I'm about to form an appeal for a ticket i found on my car

For a BPA operator (as TPS are), you shouldn't rush this. The NEWBIES FAQ sticky, post #1 tells you to wait until around day 26, please do that, or tell us why you have to deal with it right now.

Redx

I am assuming that this was a windscreen ticket issued on monday the 15th october ?

if so, delay sending that appeal until day 26 following the event, so in about 23 days time

appeal at that time as KEEPER , using the blue text template , no alterations , keep the signage point IN

in the meantime try to get it cancelled by the trsut, play holy hell with them etc, and yes try unison , try anything

if the complaints fail, appeal as keeper on day 26

then start preparing the popla appeal , ready for the rejection and popla code

use the NHS guidelines to complain to the trust

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

they have had 3 years to implement them already

Littlecatwoman

no i don't work in law sadly, I'm anaesthetic based but assumed as i was parked on hatched areas i shouldn't be sending a letter about signage, but I've clearly misunderstood what the letter is actually saying. Its like a minefield.
I copied the template from another thread on here dealing with an individuals case at an NHS carpark - the ticket was issued for the driver staying past an allotted time though if that makes any difference.

The only reason i was trying to do everything so quickly is the charge is currently £40 but the ticket says it will raise to £70 after 14 days unless payment or an appeal is made :mad: I'm back in work tomorrow and will try my best to speak to the parking office but its so difficult for me to leave theatre at all some days.
I will also aim to contact Unison tomorrow, i suffer with anxiety and its really playing on my mind but im disgusted thst I've had to fight to get a parking fob in the first place (managers have to give valid reasons and I'm 24hr cover across two sites) so want to at least try and appeal it.

Will the fact i was parked on a hatched area prevent me from appealing?

Littlecatwoman

And yes sorry the ticket was stuck on my drivers door window

KeithP

Have you seen The NHS patient, visitor and staff car parking principles?

Particularly this bit:

Contracted-out car parking

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

Point that out to 'the parking office' when they say they cannot help you and you need to speak to the parking company.

Redx

Littlecatwoman wrote: »

the charge is currently £40 but the ticket says it will raise to £70 after 14 days unless payment or an appeal is made


And yes sorry the ticket was stuck on my drivers door window

and that 14 days applies to the driver , who wont be appealing at all

you appeal as KEEPER on day 26 , then it depends if they issue an NTK to the keeper by day 56

so the KEEPER is appealing, not the driver (at this stage) - but not yet

that template is used for each and every case, regardless

Littlecatwoman

Thankyou, i keep forgetting that i don't identify as the driver. I will spk to Unison as planned

JamoLew

Does parking on the yellow hatched area have any impact on the case/appeal etc ?
Any signage - even if inadequate will mention terms and conditions etc, but surely not parking on the yellow hatches is implied and therefore ticket-able - or is it ?
Asking because it happens very often at my workplace (also a hospital)

Not taking either side, just posing a question that I don't know the answer to.

System

TPS are not known for taking these cases to court. There may even be the absence of a explicit permission to do so. But the whole idea of these systems is to nudge people to act in a particular way so the OP can ignore, or appeal and ignore.

Multiple offences may prompt the Trust to change minds on the court issue though.

Littlecatwoman

I've taken a photo of the sign but i don't seem to be able to post it here...it says i don't have permission as a new member. It does mention not to park on the hatches but we are often left without a choice.