POPLA appeal letter - staff member - hospital car park

nigelbb

Tugay44 wrote: »

Thanks, however as soon as I mention the permit and the tickets I need cancelling, I'll have to give the reg to prove I have said permit. Which automatically gives my Identity to the hospital.

It's not the hospital who are trying to "fine" you though is it? It would also be breach of the Data Protection Act for the hospital to forward on your correspondence to ParkingEye.

Tugay44

I was warned earlier that the letter should not reveal the driver.

However considering the above two replies, can my letter to the hospital (from my wife) go something like...

Dear hospital,
I am the owner of car xxxx xxx which has been subject to PCNs whilst on your premises. The driver of the car during these times is a doctor at your hospital with a valid parking permit he pays £40 a month out of his wage for.

.....then mention all the legal stuff, NHS parking principles etc helpfully mentioned in this thread......

Due to the above I do not consider it legal nor moral to be asked to pay these fines. I will be fighting the fines if they are enforced, however I would appreciate it if you could advise the CPP to cancel these fines. It would be in nobody's favour for these grievances to be solved publicly through the courts.

Signed
*My wife*

MistyZ

As per Le_Kirk's question above, I too wondered how the PCN would be cancelled without identifying the driver. However on the balance of probability I decided that if Coupon-mad thinks it's a bad idea to do that, then best not to as she is almost unerringly right.

I figured that if a complaint without identifying details were to receive a very promising response from the hospital which also requested more details, then that might be the time to supply them.

I can understand why you may wish to keep the tone of the complaint polite but I think the absurdity of the parking situation needs to be emphasised i.e. that although parking is paid for there aren't always spaces ..... perhaps that is covered in the 'etc.' bit? Presumably staff are going to keep getting PCNs unless the hospital faces facts. They undoubtedly know what those facts are but need to hear them reiterated for anything to change.

Coupon-mad

Far too mild. To operate with a flagrant disregard for the NHS Parking Principles is a breach of public policy and the regime is a scam, and its things like this which can be the final straw to cause the best, hardworking NHS staff to leave.

Be stronger about the effect this has on families and staff (and patients) and that it is a disgrace.

Tugay44

Thanks.

I wasn't going to be as mild. That was just to make sure I got the gist of not giving the driver's name away (but letting them know the driver has paid for a staff permit).

I shall send this letter tomorrow.

In the mean time I have one POPLA appeal I need to send today or tomorrow. Or at least before I get a reply from the letter to the facilities manager. Should I just appeal on the grounds set out in the templates. Signage, Keeper liability, landowner authority, charge unconscionable, and incompatibility with rights under lease.....? And hope the hospital cancels my fines before POPLA have to make a decision? And should I mention in POPLA appeal that I've written to Hospital?

Coupon-mad

You have 32 days to use a POPLA code, not just the supposed 28 (honestly).

Please don't tell us what the POPLA website says about 28 days...we know what we are doing and you ALWAYS have 32 days, so does that give you the weekend too?

The complaint comes before POPLA so push the complaint this week and DO NOT POST BY LETTER! Far far too slow.

And should I mention in POPLA appeal that I've written to Hospital?

Yes, but we want to hear tomorrow that you've got this cancelled, if possible, why not make some phone calls to bend some ears? Nothing to lose, and at the very least it would get you a name to send the complaint to in person, by email.

Tugay44

Make some calls? Get it sorted tomorrow? This all sounds good :-)
I will write/ speak to the site manager tomorrow, should I be writing/speaking on the phone in my own name now? Not my my wife. If I'm extremely determined/aggressive about it on my behalf as a staff member/ doctor, chances are they'll cancel them? Or still better doing the letter from the keeper's point of view?

Coupon-mad

Why not try both a written email complaint from your wife, written from the heart, and a phone call from you a couple of hours later, pointing the Facilities Manager to read it and (please) sort it out...

...not least due to the significant distress this is causing your wife and yourself, and the breach of the NHS Car Parking Principles, which is Govt policy and not to be ignored at the expense of beleaguered staff.

And this week is Mental Health Awareness Week...and they need to be aware how unsettling and distressing it is to be sued or have that threat hanging over you.

Tugay44

So an update....I did the above. I think the letter was very good. Unsure whether I should post it here publicly? But the gist was as you suggested.
I tried to also speak to Hospital (the head of car parking and securities). I was rebuked over the phone with "i've forwarded this to securities head who will reply in the coming days". I got no such reply for two weeks, at which point (my wife) e-mailed asking what the delay was. We got a reply the day after from this "head of securities".......a few things:

-firstly, the chap that replied is not employed by the hospital. He works for a company 'Mitre' who run the parking for the hospital. So not Parking Eye/CPP, but a seperate company the hospital must sub-contract to. He said they "work in partnership" with the hospital when I challenged him on this in a follow up phone call (see below).

-secondly, the e-mail picked apart my e-mail with points such as:
-The contract I signed stated that my permit (£30 a month) does not guarantee a space is available". Plus other parts of the contract T+Cs such as if I park in an unauthorised zone my permit will be rendered void.
-Disregards NHS parking principles by saying the trust must put patient and visitor parking ahead of that of staff.
-Aknowledged the poor staff parking and says it will be addressed when a new hospital is built (years away)
-States there is still spaces on the off-site parking they have acquired (a private multistorey 10 mins walk from site)
-Declines to withold information about the driver of the car should POPLA enquire

Thirdly, I called him following this letter and explained who I was. Asked about his company and whether he was an employee of the hospital. He isn't. They work "in partnership" with my hospital. Said if I wanted to take it up with the hospital I should speak to the head of car parking.....which is the person we originally e-mailed! And who forwards his complaints to this third party!

Also he was quite agressive on the phone. His letter, and the phone call, was all about me breaking rules, and did not aknowledge at all the points I made about staff morale, looking after your staff, mental health week, etc.
Had no answer when I put to him that the parking situation for staff has changed substantially since I signed my contract.

So I assume my next step is to go to someone higher in the hospital? Someone in a more clinical or executive role? As the chap from the private company made plain he will not instruct PCNs to be cancelled, that would have to come from the hospital.

MistyZ

Tugay44 wrote: »

So I assume my next step is to go to someone higher in the hospital? Someone in a more clinical or executive role? As the chap from the private company made plain he will not instruct PCNs to be cancelled, that would have to come from the hospital.

Insult added to injury. What a bunch of pirates.

I'd go to the Chief Executive or whatever they're called.

The PPC and their associates are making it difficult for you to get into work. They've responded both rudely and inaccurately, revealing their ignorance of NHS parking principles and a tendency to use bullying tactics against dedicated members of staff. In short, they have given you even more reasons to complain.