Advice on a Parking Charge Notice

Bidz

Hi,
need some advice on what to do next with a Parking Charge Notice ( Private Land) and if its any point taking it to POPLA.

I had parked in a hospital car park which uses ANPR. Upon leaving I went to a parking machine to pay for the time i was in the car park. I entered my details was presented with the amount due and presented my card to the contactless payment pad. It seemed to have worked and the screen returned back to the home screen without any indication an error has occurred or payment wasn't accepted. On this basis i left the car park thinking i had paid for parking. The exit also didn't use a barrier so there was no way to know there was an issue with the payment of the tariff. After a week i got the PCN through the post. I appealed on the grounds i had paid and that it must of been an error with the machine and that if they look at the CCTV footage at the time they will be able to see i had gone up to a Parking machine and attempted to pay. I then offered to pay the original Tariff as a fair conclusion. That was rejected simply stating no parking was paid even though there was machines available on the day.

Now i had contacted the land owners to try and obtain the CCTV footage, i was told they would not give it to me or would i be able to come and view the footage. I then asked if someone can view the footage if i gave them a time and location and then simply write a statement confirming my story that i had tried to pay but due to issue with the machine it seemed to have failed without any indication. I was told they would not do this either. So there is evidence to so i had legitimately tried to pay for parking but have been denied access to that evidence.

They are expecting my to pay £100 fine for a £4.50 parking charge.

Also looking at both the notice to registered keeper and the appeal reply they have failed to state on both documents that a person can not pay and appeal and must do one only (so they fail to meet 22.9a of the BPA code of practice )

also in regards to agreeing to the terms of the car park. The hospital car park is the only place you are able to park. The closet roads to the hospital which is a good 20 min walk away are all permit holders only. So you have no choice but to use the car park on site if driving. (Not sure if that could be used in a argument in some way to say I didn't agree which the Charge amount of £100 but had no choice if i wanted to visit my dad). So can this be used the argue to excessive amount of the fine compared to the tariff ?

The terms and conditions of the car park don't state anything regarding technical faults and thus I have not agreed to be liable for them still.

would POPLA likely agree due to the nature of the issue being machine fault and me being denied the evidence needed to prove i attempted to pay they would accept that paying the £4.50 charge as an acceptable resolution ? Or based on what i have said is unlikely i will get the conclusion i desire.

I am tempted out of principal to take the matter as far as possible, as i do feel its not my fault and I've legitimately tried to adhere to the rules

Thanks in Advance for any advice.

Le_Kirk

Your first port of call is to PALS at the hospital.

waamo

Which ppc is this?

Bidz

PALS don't deal with parking issues. I spoke to the parking team at the hospital and explained what happened and their advice was that to just pay the fine and said the CPP don't really budge.

The_Deep

PALS don't deal with parking issues.

They most certainly do if you kick @rse hard enough, get your MP on side.

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 complied?

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, [/FONT][/FONT]
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]
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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]l[/FONT]

waamo

Bidz wrote: »

PALS don't deal with parking issues. I spoke to the parking team at the hospital and explained what happened and their advice was that to just pay the fine and said the CPP don't really budge.

CPP. That's good news. Although owned by Parking Eye they don't seem as on the ball.

They often fold at a decent POPLA appeal.

Redx

Those NHS guidelines make hospitals and pals responsible

Complain again attaching a copy of those 4 years or more guidelines and stick it to them

Appeal to CPP as keeper using the blue text template

Then take it to Popla

Bidz

Ok thanks for the info guys.

Anyone know if the fact they failed to mention on both the notice and the appeal rejection that you can only appeal or pay a fine and not both invalidate the notice ?

This is the 22.9a clause of the BPA code of practice
"22.9a It must be made clear on any notices issued or on an
appeal rejection letter that the motorist has to choose
either to pay or to appeal (this also includes appealing to
the IAS) – they can’t do both. "

waamo

Bidz wrote: »

Ok thanks for the info guys.

Anyone know if the fact they failed to mention on both the notice and the appeal rejection that you can only appeal or pay a fine and not both invalidate the notice ?

This is the 22.9a clause of the BPA code of practice
"22.9a It must be made clear on any notices issued or on an
appeal rejection letter that the motorist has to choose
either to pay or to appeal (this also includes appealing to
the IAS) – they can’t do both. "

It doesn't invalidate it. It is worthwhile incorporating it into a POPLA appeal though as they are supposed to abide by the CoP.

Le_Kirk

Bidz wrote: »

PALS don't deal with parking issues. I spoke to the parking team at the hospital and explained what happened and their advice was that to just pay the fine and said the CPP don't really budge.

Go back to the PALS desk with a printed copy of the NHS parking principles clutched in your hand and ask them to explain why they are refusing to deal. This is of course assuming it is actually an NHS car park and not just one close to a hospital.

Coupon-mad

PALS don't deal with parking issues.

They do, all the time.

Search this thread (that was linked in the NEWBIES thread so you must have seen it already when you read the sticky) for the word PALS:

https://forums.moneysavingexpert.com/discussion/4766249/successful-complaints-about-private-parking-tickets-how-to-get-them-cancelled

Use 'search this thread' (on that thread, not your one) and pop those 4 letters in...