PCN received for dropping off a disabled child at a hospital entrance. Please help

Cili

Hello everyone,



I received a £100 parking charge notice from Parking Control Management (UK) Ltd (hereinafter "PCM") for stopping my vehicle for 27 seconds to drop off a disabled autistic child & his mother/carer at the entrance of the New QEII Hospital at Welwyn Garden City, Hertfordshire for his doctor's appointment. According to PCM, stopping at the hospital entrance to drop off a disabled patient who struggles to walk far is and I quote "You parked in a manner whereby you agreed to pay a charge... You raised the issue of the length of parking (or 'dropped', as you aver). This principle was addressed in an appeal hearing in December 2018, pertaining to the joint cases between Vehicle Control Serices Ltd and Nick Idle & Vehicle Control Services Ltd and Damien Ward. In the words of Judge Saffman, in paragraph 49 of his Judgement on the case, 'it does not cease to be a breach simply because the car is stationary for a short period. It is the process of bringing the car to a standstill that creates the breach' ".



I've gone through the appeal process & just received their debt collector's letter and is now waiting for their letter before court action which, is stressing me out. We don't live in that area and is not even aware of the parking notice as it's our first time going to that hospital and we were only passing through to drop off a disabled friend at the hospital entrance with no intention of parking whatsoever. Is there any court judgement I can quote to fight this parking charge? Otherwise, any motorist who drops off any disable patients at any hospital entrance in the future will have to pay £100 parking charge. Please help.


Many thanks!

The_Deep

Read these

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

https://www.slideshare.net/safaraz/protected-characteristics-equality-act-2010es/nhs-patient-visitor-and-staff-car-parking-principles.

Have they fully complied ?

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

Ralph-y

did you complain to PALS at the hospital?




have a read of the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou


to a quaint your self with what's to come ...


you can search the forum for other hospital threads ...



HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.



Ralph:cool:

Cili

I've read the Newbie threads as well as all existing threads but can't find any answer hence, this new thread of mine. I've clicked on the 2 links provided by The Deep but the pages is not found. Would appreciate it if you could further help point me in the right direction on this.


Yes, I've complained to PALS at the hospital but unfortunately, the land is owned by Belway and there's nothing they can do about my parking charge. I did complain further to the CEO of the East & North Hertfordshire NHS Trust about being penalised by PCM for making reasonable adjustment for my disabled autistic friend who struggles to walk far under the Equalities Act 2010 and is waiting for his response at the moment.


I've also complained to DVLA & ICO (Information Commissioner's Office) but there's nothing they can do as the information has been obtained "legally".



Will file a complaint with my MP next.



I am wondering if I can use Jopson Vs Homeguard to argue that "stopping" at the hospital entrance to drop off a patient is not "parking".

Fruitcake

Definitely use Jopson vs Homeguard.

Whilst The Deep's links might not work, you can use the text from them to work out what to put in an internet search.

If Belway are the landowners then complain to them, quoting the EA 2010. If this goes to court you will need to ask for a copy of a contemporary contract between the landowners and the scammers, and the landholder (NHS) and scammers.

I suggest you also contact local and national press about this unregulated scam.

Cili

Thanks, Fruitcake.


Will definitely complain to Belway and the press. See what they have to say.

Egbert_Nobacon

Don’t forget to involve your MP.

This is exactly the kind of issue we pay them for.

Cili

Will do... plenty of letters to write today, thanks.

The_Deep

Try these

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

https://www.gov.uk/government/publications/reasonable-adjustments-a-legal-duty/reasonable-adjustments-a-legal-duty

Cili

Many thanks.

steve1500

Cili wrote: »

Yes, I've complained to PALS at the hospital but unfortunately, the land is owned by Belway and there's nothing they can do about my parking charge.
".

Never heard of NHS land being privately owned.


I would put in an FoI request asking who owns the land. Think you might find that ultimately it is public land