NHS emergency badge...UKPC, private estate

barbiedoll

twhitehousescat wrote: »

ANPR Ltd had a lack of post deliveries after there site was declared "unsafe" following a bout of tickets on royal mail and postmens vans/cars

We had a local postbox moved (that had been there since the start of the Royal Mail service) because posties were getting their vans ticketed for being parked at a bus stop. Despite a lot of local opposition, the RM bowed down to the council as the posties were refusing to pick up from the postbox. It’s like a bloody war with them, isn’t it?

Half_way

If you can supply a photocopy/scan/photo of your medical permit, tell the PPc that you were attending an emergency call out, and as such they MUST cancel the parking charge notice with immediate effect




To UKPC re parking charge notice#### issued to vehicle registration xxxx on date X

An occupant of the vehicle was attending a medical emergency and a Healthcare Emergency Badge was displayed at the time.
Your trade associations code of practice, for which adherence to is a core term for accessing, storing and processing registered keeper data from the DVLA is quite clear on this matter, and you must not issue parking charges to such vehicles/individuals.
You MUST now cancel the parking charge notice with immediate effect, and cease all attempts to recover this parking charge notice.

As you had no just cause to access, store and process my personal data, you must also report this data abuse to the ICO and cease processing my own data with regards to the recovery of any so called parking charge notice.


If you know who took on the PPC, i would go one step further and drag them into this mess

Umkomaas

barbiedoll wrote: »

Complaint sent off today!

Who to?

Your best point of contact, and I’m sure he’ll sort this out, is Steve Clark of the BPA.

steve.c@britishparking.co.uk

Email him and lay out all the issues you and your colleagues are facing there. Someone is going to get really sick if the estate becomes a no-go zone for medics.

twhitehousescat

Umkomaas wrote: »

Who to?

Your best point of contact, and I’m sure he’ll sort this out, is Steve Clark of the BPA.

steve.c@britishparking.co.uk

Email him and lay out all the issues you and your colleagues are facing there. Someone is going to get really sick if the estate becomes a no-go zone for medics.

:rotfl::rotfl::rotfl::rotfl::rotfl:

Le_Kirk

Umkomaas wrote: »

Email him and lay out all the issues you and your colleagues are facing there. Someone is going to get really sick if the estate becomes a no-go zone for medics.

I hope that was a deliberate choice of words, because it made I larf out loud!

DoaM

OP - was it a window or postal PCN you responded to? (The photos indicate that it was a "person on site" who raised the PCN, but they may not have affixed it to the windscreen - rather referred it back to the office for a postal PCN).

Undervalued

Half_way wrote: »

If you can supply a photocopy/scan/photo of your medical permit, tell the PPc that you were attending an emergency call out, and as such they MUST cancel the parking charge notice with immediate effect




To UKPC re parking charge notice#### issued to vehicle registration xxxx on date X

An occupant of the vehicle was attending a medical emergency and a Healthcare Emergency Badge was displayed at the time.
[/I].

But what is the definition of "a medical emergency" for this purpose? Plus, who decides if a particular case meets that criteria?

Would the patient have been exposed to any significant risk if the OP had parked in the nearest lawful public place and walked the remaining distance to the address, perhaps arriving ten or twenty minutes later?

The OP says, quite rightly, that they cannot share the patient's medical details to support their case. So, should there not be a procedure where a more senior HCP be able to examine those details and certify (or not) that this was indeed an "emergency".

Le_Kirk

The BPA CoP 9.3 (if I remember where this started) states that it has to be someone carrying a HEB. That person is a health worker (nurse/doctor substitute what word you like) and is in a far better position to determine what is an emergency than anyone at the BPA or any PPC. You make a valid point but I would have thought (being a simple soul) that the appeal and all the other proof the OP has supplied would have persuaded anybody with common sense ....... oh, I see where my argument falls down!

Nuddmann

Undervalued wrote: »

But what is the definition of "a medical emergency" for this purpose? Plus, who decides if a particular case meets that criteria?

Would the patient have been exposed to any significant risk if the OP had parked in the nearest lawful public place and walked the remaining distance to the address, perhaps arriving ten or twenty minutes later?

The OP says, quite rightly, that they cannot share the patient's medical details to support their case. So, should there not be a procedure where a more senior HCP be able to examine those details and certify (or not) that this was indeed an "emergency".

I'm not sure why there is so much discussion relating to whether or not the OP was attending something that could be defined as an emergency. As per their earlier post, they state explicitly that the HEB is issued to be used in emergencies only. The BPA code 9.3 is very clear that vehicles displaying such a permit MUST not be subject to enforcement action.

I may not be a solicitor, but it seems very straight forward to me: The BPA CoP recognises that a vehicle displaying such a badge or BMA permit IS exempt from enforcement because of their work. There are no caveats or qualifications that I could see that would allow some one celled enforcement agent/company from being able to apply their own interpretation. The presence of a badge/permit that makes the vehicle exempt form enforcement under the COP. End of.
There is, surely, an irrefutable presumption by the BPA that a vehicle displaying such a permit is there for the correct reason? The lack of. caveats or exceptions seems to support this. The whole point of 9.3 would appear to be to eliminate grey areas or interpretation.

If the presumption is rebuttable, then, surely, the operator would have to show proof that the permit was being used incorrectly? However, given the lack of caveats and exemptions in the COP I don't see how this can be the case. If it were the case then PPCs would have carte blanche to ticket all of the exempted vehicles in 9.3 of the BPA COP, which would utterly defeat the whole point of the paragraph.

It seems that some people are flipping the whole point of that paragraph around and finding grey area where none exists.

It seem to me that if this went to POPLA they would have to uphold an appeal based purely on the OP's adherence to the requirements of para 9.3. However, I stand to be corrected....

Undervalued

Le_Kirk wrote: »

The BPA CoP 9.3 (if I remember where this started) states that it has to be someone carrying a HEB. That person is a health worker (nurse/doctor substitute what word you like) and is in a far better position to determine what is an emergency than anyone at the BPA or any PPC. You make a valid point but I would have thought (being a simple soul) that the appeal and all the other proof the OP has supplied would have persuaded anybody with common sense ....... oh, I see where my argument falls down!

But as I read it the OP has said she cannot provide proof that she was attending an emergency as doing so would breach patient confidentiality.

Another poster contends that simply displaying the HEB card should be sufficient as far as the parking company is concerned. Any misuse of the card would then, presumably, be a disciplinary matter to be dealt with by the HCP's employer? Or, are they saying that all of their work should be treated as emergency, regardless of whether it was actually urgent or not?

Where do you start and stop with all this? Should a vet attending an emergency situation with an animal have the same privilege?