POPLA Appeal

mhugradar

ok thanks
He has copied in Annette Murphy (Labour MP from a ward .. not the Local MP - unsure why that particular person has been copied in)

In my response i write:

Good Afternoon James

 Once again i would like to remind you of the guidelines and ask you why are they being ignored?   The trust are severally liable for significant breaches of the NHS Car Parking Principles as set by Government.

Especially after what the government recently said about this being unacceptable and to be imminently changed next month due to trusts ignoring their responsibilities. 
No i have not lost the appeal, it is still with POPLA but i am being made to go through an appeal process when i should not be required to do so.  The trust is failing to follow guidelines, then ignoring my appeal and the evidences shown by me on lack of signage from the Operator.
This is no longer an appeal but a direct official complaint, so i take exception to it being called an appeal.


any more tips on what can be added?

Redx

It's not a governed process , it's a legal contract between the trust and a private contractor , where both sides have legal liabilities

KeithP

Ask why the hospital authority feels able to ignore the NHS patient, visitor and staff car parking principles published by The Department of Health and Social Care.

In particular, this bit:

Contracted-out car parking

NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

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

mhugradar

Good Afternoon James

Once again i would like to remind you of the guidelines and ask you why are they being ignored?   The trust are severally liable for significant breaches of the NHS Car Parking Principles as set by Government.

Especially after what the government recently said about this being unacceptable and to be imminently changed next month due to trusts ignoring their responsibilities.

No i have not lost the appeal, it is still with POPLA but i am being made to go through an appeal process when i should not be required to do so.  The trust is failing to follow guidelines, then ignoring my appeal and the evidences shown by me on lack of signage from the Operator.

This is no longer an appeal but a direct official complaint, so i take exception to it being called an appeal.

On numerous occasions i have told you about the lack of signage where i was parked and the route to parking here, yet on every occasion you are ignoring it. 

I ask again, why the Hospital authorities feels it is acceptable to ignore the NHS Patient, visitor and staff car parking principles published by The Department of Health and Social Care.

In particular:

Contracted-out car parking

NHS organisations are responsible for the actions of private contractors who run car parks on their behalf (https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles)

 

You continue to ignore my questions and direct me to NCP or the Appeal process, but this is not an appeal but an official complaint.  So please respond or escalate accordingly.

Regards

MistyZ

Do you want your name to remain on the post above?  As you are taking this to the media, you'll lose anonymity.  But personally I wouldn't want my name on a forum without good reason, we get some oddballs looking in.  

Redx

then ignoring  my appeal  my complaint , you are complaining to the trust , not appealing to them

Umkomaas

The trust are severally liable for significant breaches of the NHS Car Parking Principles as set by Government.

'Jointly and severally liable' is the standard terminology. 

mhugradar

MistyZ said:

Do you want your name to remain on the post above?  As you are taking this to the media, you'll lose anonymity.  But personally I wouldn't want my name on a forum without good reason, we get some oddballs looking in.  

\Thanks, i did not see that!

mhugradar

DECISION!!!

1/3

When assessing an appeal POPLA considers if the operator has issued the Parking Charge Notice (PCN) correctly and if the driver has complied with the terms and conditions for the use of the car park. I am satisfied that the appellant was the driver of the vehicle on the day of the contravention. I will therefore be considering their liability as driver of the vehicle. The operator has provided photographs of the signage, which it has installed around the car park. These signs show the following terms and conditions: “Drop off Only… Maximum stay 30 minutes… This car park is for Staff Permit Holders only… Failure to adhere to the terms & conditions set on additional signage may result in a Parking Charge Notice of UP TO £40.00 being issued”. The operator has issued a Parking Charge Notice (PCN) as the driver exceeded the displayed time limit. The appellant disputes that the signage at the site is sufficient. They dispute that the operator has a valid contract with the landowner. As the appellant has disputed that the operator has a valid contract with the landowner, I would have expected it to provide evidence showing that a valid contract exists. In this case the operator has not provided any evidence of this nature. As I am allowing the appeal on this basis, I do not need to consider any other grounds of appeal.

nosferatu1001

OK so you won on one as NCP were incompetent! Good