Hospital PCN

coffee_bean

Looking for some advice re: PE appeals process
Trying to get my head around it all.
Car parked in hospital staff car park. Driver is staff and under the impression the car has a permit. PCN arrived. Contacted car parking department - permit out of date. Immediately re-issued. Car now has permit. Car parking department 'do not deal with PE appeals'
So I'm going to appeal via PE website. However, the generic appeal on the newbies thread doesn't seem to fit. Also it will be difficult to make this claim without identifying the driver as holder of the permit.
My thoughts are for the driver to appeal with permit held as a reason and explain the situation. The permit is a database and the care should therefore now be registered if the database is working correctly.
I have submitted my complaint to the hospital and hopefully that will sort it before I have to appeal in the next 2 weeks.

steve1500

Which hospital.

Was there a reason why the new permit wasn't issued. If this was a technical issue , then this is most definitely the Trust's problem , they should tell PE to cancel

Facilities do deal with it, they just don't want the hassle of dealing with annoyed members of staff or admitting they had an issue

Umkomaas

My thoughts are for the driver to appeal with permit held as a reason and explain the situation.

Definitely not if the Notice to Keeper (NtK) doesn't meet the strict requirements of the Protection of Freedoms Act 2012 (Schedule 4).

Does the reverse page of your NtK contain a paragraph about the Protection of Freedoms Act 2012, which commences 'You are notified under paragraph 9(2)(b) of Schedule 4 ..... '. And a further paragraph which commences 'You are warned that if, after 29 days from the date given ....'?

Also, please provide the date of the parking event and the Date of Issue shown on the NtK.

waamo

The template appeal does fit. I suspect you've skim read the first post and not read the reasoning behind why it fits perfectly.

coffee_bean

UHL cardiff.
Partly technical - previously held permit, worked at different hospital, returned to work at UHL/ UHW, permit request submitted via internal mail - not received in time. Driver made the assumption that it would have been issued by the parking date based on previous experience (no issues in the past despite reputation).
I know they deal with it but they are getting very stroppy about it and have decided to go and speak to them in person as well as making a written complaint.

coffee_bean

Umkomaas wrote: »

Definitely not if the Notice to Keeper (NtK) doesn't meet the strict requirements of the Protection of Freedoms Act 2012 (Schedule 4).

Does the reverse page of your NtK contain a paragraph about the Protection of Freedoms Act 2012, which commences 'You are notified under paragraph 9(2)(b) of Schedule 4 ..... '. And a further paragraph which commences 'You are warned that if, after 29 days from the date given ....'?

Also, please provide the date of the parking event and the Date of Issue shown on the NtK.

Date of parking event 13/8/19, date of issue 16/8/19. All the POFA stuff seems in order from what I've read.

Umkomaas

coffee_bean wrote: »

Date of parking event 13/8/19, date of issue 16/8/19. All the POFA stuff seems in order from what I've read.

If you're happy that the PoFA requirements are met, there is nothing protecting the keeper. PE's PoFA compliance is pretty much spot-on, unless they've messed up on dates, in which case they issue a quite different NtK (colloquially known in these parts as a 'Golden Ticket').

steve1500

You might ant to speak to your Information Governance people to see if their signs are GDPR / DPA compliant. Take a photo of the sign and send it to them for their opinion


If they say they are not & they are the people who should decide, that will be a big feather in your cap

coffee_bean

All advice above taken gratefully. Will submit the standard appeal as described
@waamoI think I get it now - its difficult to get your head around the lack of genuine appeal processes.
@steve1500 Next time I'm on site will take some snaps and try the IG route.
Hopefully a strong arm request to the parking office and escalated if required will get this sorted.

Redx

PE will pursue this to the end , including court , they won one in Court not long ago , so it's extremely important to get this cancelled by the trust themselves

If PE complied with POFA , there is very little you can win an appeal on

New contract last year , new signs , pofa compliance , all make it hard for you , so get the HR to cancel it asap

The_Deep

Have you read this?

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

Have they fully compled?

Their signs are rubbish anyway, read this thread

https://forums.moneysavingexpert.com/discussion/6014081

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.