Civil Enforcement LTD (CEL) PCN - medical emergency

rg184

Hello moneysavers,

I was looking through the parking ticket threads but could not find anything on my specific case so here goes.

Basically I received a ticket in a residential parking lot. I am a doctor and was visiting a patient so did not have time to think about parking. As such I received a PCN in the mail indicating I did not have the appropriate permit to market in the property.

I had appealed the fine directly to CEL providing a signed letter from myself on my practice letterhead reading as follows:

'This letter is in response to the above parking charge notice. My name is xx and I am the owner of Vehicle Registration number `xx. I am a GP from xx who attended an urgent medical home visit for my patient residence at xx.

As it was a medical emergency I was not aware at the time t register my vehicle on the registration tablet that was inside the building. I would be grateful if you could waive the fee on this occasion.'

I had also submitted a letter from my practice corroborating the story and basically saying the same thing. CEL rejected the appeal and have sent a letter stating we can pay the reduced charge or appeal to POPLA.

I'm in process of writing my appeal and have read much of the information that exists within the forum but wondering if any of it could be relevant to my defence:

1. Signage isn't terrible but could argue it isn't sufficient.
2. In the letter I've mentioned it's my car, does that quality as saying I'm the driver and nullify the Notice to Keeper and driver contract defence?
3. In general has anyone seen anything in reference to medical emergencies? Are there regulations I can quote to this extent and what is the best way to frame this?

Any and all advice would be much appreciated. Thanks in advance.

Umkomaas

Unfortunately mitigating circumstances rarely hold any sway with a money-greedy business that will reject any form of appeal as doing so cuts them off from their raison d'etre.

CEL do, however, often capitulate on receipt of the forum initial appeal contained in the NEWBIES FAQ sticky, post #1. But it seems you've done your own on the basis of mitigation.

So now you must turn your attention to getting a viable POPLA appeal together. Your emergency work can be used in setting the context, but you must not rely on it to form the main thrust of your POPLA appeal.

Please read the NEWBIES FAQ sticky, post #3 about putting together a winning POPLA appeal. I'm sure you have far better community things to do than deal with this crap, but unless you can get this nipped in the bud (as best as you can), you do face an uber-litigious outfit who will put you through the legal wringer trying to gouge £100 (and a serious amount more if it gets to the court stage) out of you. Then the workload to rid yourself of this ramps up, as does the financial implication.

In parallel with dealing with your POPLA appeal, why not get your local press involved (the Daily Mail and Guardian are also 'on the case' with private parking firms - so contact them too). They'd all love a 'medical emergency - Doctor hit by private parking fines threatens patient safety' case (they'll find better words than my off-the-cuff attempt).

Get your MP involved too - after the latest Brexit mess tonight, he/she may be relying heavily on your vote in the very near future!

One really hopes that 'karma' is not just a mythical phenomenon!

Quentin

2. You look to have told them you were driving in your appeal?? (Is the appeal set out in your post the one you sent?)

rg184

Thanks for your quick reply Umkomaas. Some good suggestions.

My intention is definitely not going the litigious route, definitely not the time / effort vs just paying the reduced fee. I'm appealing more on principal so will try my luck on getting an appropriate POPLA appeal together and hope that works.

The press is an interesting angle and certainly one to consider. Will keep this in mind and thanks for your help. If you don't mind once I've written the appeal I may post back here to get another eye cast over it.

rg184

Yes here's the appeal again for reference:

'This letter is in response to the above parking charge notice. My name is xx and I am the owner of Vehicle Registration number `xx. I am a GP from xx who attended an urgent medical home visit for my patient residence at xx.

As it was a medical emergency I was not aware at the time t register my vehicle on the registration tablet that was inside the building. I would be grateful if you could waive the fee on this occasion.'

I guess indirectly I have identified myself at the driver but wondering if it's still worth a shot.

Thanks,

The_Deep

Learn about this scum infested industry, read/watch what MPs think about it.

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

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP.

In my opinion, the best way to get this cancelled, if the PPC do not do so, is to get the Managing Association and/or the Residents' Association, (if there is one), on the case. The Daily Mail might also be very interested.

If this went to court the PPC would probably come a huge cropper, especially if you were to claim costs for unreasonable behaviour.

Quentin

rg184 wrote: »

Yes here's the appeal again for reference:

'This letter is in response to the above parking charge notice. My name is xx and I am the owner of Vehicle Registration number `xx. I am a GP from xx who attended an urgent medical home visit for my patient residence at xx.

As it was a medical emergency I was not aware at the time t register my vehicle on the registration tablet that was inside the building. I would be grateful if you could waive the fee on this occasion.'

I guess indirectly I have identified myself at the driver but wondering if it's still worth a shot.

Thanks,

That looks to definitely identify the driver!

rg184 wrote: »

I'm appealing more on principal so will try my luck on getting an appropriate POPLA appeal together and hope that works.

POPLA usually won't look at mitigation

The_Deep

That looks to definitely identify the driver!


A doctor attending an emergency was ticketed by a scammer, does it matter who was driving? Sometimes Quentin your posts are more of distraction than a help.

Umkomaas

Why not contact the landlords/managing agents who have had this tablet system of entering car reg numbers installed and ask for their help in getting this quashed. Tell them you don't want to have to implicate them when you go to the press about this story.

Surely, remind them that they have a duty of care for their tenants, and your case isn't going to encourage any other health care professionals to rush there. There may even be a point where the time taken to input on a tablet might make you too late in a life or death situation.

Surely they have cancellation clauses in their contract with CEL to cover emergency services (an ambulance, for example, can be on the scene for over an hour at times) - or has some naive goon simply signed a contract without proper due diligence, providing CEL the licence to maraud at will?

Unicorn51

Were you displaying "Doctor on call" sign in your vehicle.


The BPA code of practice includes the following, they must not ticket.



"vehicles being used by a doctor or other healthworker (such as a midwife or district nurse) who is on an emergency call at the address under control, and the vehicle is displaying a BMA badge or authorised Health Emergency badge."

Quentin

The_Deep wrote: »

That looks to definitely identify the driver!


A doctor attending an emergency was ticketed by a scammer, does it matter who was driving? Sometimes Quentin your posts are more of distraction than a help.

My posts regarding the driver already being named are due to the OP asking if having told the PPC who owns the car means that no POFA defence can be used


If you had read the posts you would see that the OP actually revealed who was driving, hence the posts you now are unnecessarily critical of!


With respect - don't make sweeping criticism of posts if you haven't read the context they relate to! Just unnecessarily confusing for Newbies