POPLA Appeal

Coupon-mad

Escalate the PALS complaint because they CAN get involved and this is a complaint about the NHS Trust and their agents.  Copy in the CEO of the NHS Trust, by name (Google them).  Take that complaint higher!

mhugradar

Coupon-mad said:

Escalate the PALS complaint because they CAN get involved and this is a complaint about the NHS Trust and their agents.  Copy in the CEO of the NHS Trust, by name (Google them).  Take that complaint higher!

Already did PALS .. did not do anything .. escalated to CEO .. who passed this onto Director of Estate who as mentioned earlier also did nothing ...

D_P_Dance

Complain to the Secretary of State, get you local media involved, write bad stuff on Facebook, kick  @rse.

MistyZ

mhugradar said:

the local MP responded to me, and she has also written to POPLA  mentioning my points asking them to go in my favour to cancel the ticekts

Well done, that looks promising.  Though it seems an odd route - I'd have thought the MP would have been better off putting pressure on the hospital to cancel.  But I'm not sure ... maybe MPs do have some clout with POPLA ...

Coupon-mad

MP wrote to the wrong people.  MP should have written to the CEO of the NHS Trust.

mhugradar

ok, i have just contacted her again to also write to the CEO of the trust 

thanks

mhugradar

Good Morning

So the first ticket has had comments added

They have added pictures of NCP signage from around the grounds BUT not where i was parked, and not the route you take to get there

I have pictures of the route and there is no NCP signs there. So i can upload this,along with a google Maps showing this route.

In terms of landowner authority they have attached this

https://imgur.com/uRS2iio

MistyZ

Did you embed images of the area in which the car was parked & route there?  Or explain the lack of signage or both?  If so, you can easily refute NCP's so-called evidence by asserting that their images do not relate to the points you made as they are from other parts of the car park.  Compare & contrast but do so snappily - remember you only have 2,000 characters.  

I am not sure if you can add images to your response to their evidence.  

Not sure what to make of the contract letter .... see what others say.  However it is interesting that it specifically mentions signage!  Given what you've said, NCP do not seem to have complied with the hospital's requirements.   

mhugradar

i did not upload them images, as at the time my daughter was not well ..so caring for her was main priority...and going back to the hospital (which is not round the corner) was difficult to do. and as time was running out i had to do the appeal.

i have done the below:


In relation to my first point “The Operator failed to display sufficient signage at the location where the vehicle was parked” The Operator said:
“The evidence within this pack will illustrate beyond doubt that a clear breach of contractual Terms and Conditions occurred and the PCN was in fact issued correctly.
The motorist has appealed on the basis the operator failed to display sufficient signage at the location where the vehicle was parked and no evidence of Landowner Authority – the operators is put to strict proof of full compliance with the BPA Code of Practice.
The motorist was within the car park for 1 hour and 14 minutes. A Parking Charge Notice was issued for overstaying the displayed time. The car park displays clear and sufficient signage at the entrance and throughout the car park regarding terms and conditions and time limits.”
The photos provided by the Operator showing signage are not in the same location as to where I was parked. Or the route that is taken to get to the parking bays where I was parked.
My vehicle was parked outside the Children’s Observation unit , which is an emergency unit for Children who are given access to urgent care bypassing A&E. This was due to the prematurity and oxygen requirements of my daughter.
To get to the unit you have to access the Hospital Grounds from Haslingden Road (Near KFC) at Entrance B. There is no Operator sign when entering here. You then follow the road to the right, then left onto Old Bank Lane towards the unit. There are no Operator signs along this entire route.
When reaching the unit and at the parking bays, once again there are no Operator signs in this area.
The Unit is accessed from its own entrance and the exit is the same.
The exit route again has no signs, as you follow the same route out.
The Operator has also said: “There is signage on the entrance to the car park and signs located throughout the car park, which advice ‘terms and conditions apply when parking with us’ and also advise ‘charges apply, see tariffs. CP also place signage close to the pay and display machines in order to bring the Terms and Conditions to the attention of the motorist. The size and font on all signage is BPA approved and also has signs advising motorist the car park is monitored via ANPR cameras on entry and exit to the car park”
The operator is trying to mislead POPLA my showing signs at other entrances to the car park, and signs at other locations and not the route my vehicle took, or the location my vehicle was parked.
There are no Pay and Display machines in this area either, so this again is misleading and not attending to the point raised that there is no signage on the route to the unit or where the vehicle was parked. The signs put up by the trust do not create a contract with me and the operator.

The second point I raised was “No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice”
The Operator states:
“Section G will show a copy of authority to undertake the enforcements on the car park to ensure people are not abusing the Trusts Parking Policy. Section G will also show the car park attendants photograph of the vehicle contravention”
Once again POPLA is being mislead as this is not the actual contract I requested, this is just a request for service. I would require the operator to provide the contract.

MistyZ

I make that 2,782 characters without spaces, a lot more if they count spaces which I think they do.  So way over the 'allowance'.  

I would make this more assessor-friendly.  You don't need to quote from the evidence pack so extensively and, in fact, doing so obscures the key points you need to make.  Use abbreviations as long as the meaning is clear e.g. 'NCP' rather than 'the operator'.

For example, I'd replace the first bit with something like this:  

'NCP claim in their evidence that there is 'clear and sufficient signage at the entrance and throughout the car park'.  But they do not include any images of signage in the area in which the car was parked or along the route taken.  Car was parked outside Children's Observation Unit (the emergency unit for children's urgent care which bypasses A&E).  There are no NCP signs at the COU.  To get to the unit you have to access hospital grounds from Haslingden Rd (Near KFC) at Entrance B.  There is no NCP signage at that entrance.  There are no NCP signs along the road and Old Bank Lane towards the unit from the entrance.  The exit route is the same and there are no signs along it.  
NCP have NOT included any images of any of these areas.  They are trying to mislead POPLA by showing signs at other entrances and locations.  My appeal must therefore be upheld.'    

And yep, you need to mention the lack of payment machines too but keep it concise.    

You might be able to wring more out of the so-called contract too.  My reply will bump this up so hopefully others will have something to say about that letter.

If anything I've made my suggested wording more wordy than is usually necessary.  But I think in this case there may be something to be gained by emphasising the serious nature of the hospital visit, even though POPLA doesn't take mitigating factors into account.