Popla Appeal Rejected (Hospital Ticket) - Letter Before County Court Claim - ParkingEye

bestfootie

Popla Appeal Rejected (Hospital Ticket) - Letter Before County Court Claim ParkingEye

Letter Before County Court Claim

Hi All

Thanks in advance for any help you guys offer. I've been in touch before and always think to myself how nice it is that you all give so much of your time to help others 

I previously posted at an earlier stage but for some reason I can't find the post in the search facility or by clicking my profile.

See initial letter from ParkingEye here

I wrote this letter back to Parking Eye click here.

I received this informal letter from Parking Eye rejecting my representations click here.

I then wrote again to them with the same information as first letter.

They again rejected it formally this time. click here..

I appealed to Popla using the code they gave me.

Parking Eye submitted the following case pack to Popla. It is a pretty comprehensive document and includes all the above so if someone wants to understand their case against me, this would be the best place to start probably - https://drive.google.com/file/d/1gTYlt_9HtV...iew?usp=sharing.

I wrote the following to Popla:- https://drive.google.com/file/d/1CLnZ8lmShz...iew?usp=sharing

Today, I received notice from ParkingEye of a Letter Before Action in County Court - https://drive.google.com/file/d/1rVgr8BAfVx...iew?usp=sharing.

Looking forward to your advice!

Redx

My advice is simple , to avoid court action , get a landowner cancellation through PALS or the trust

D_P_Dance

Please read this, have they complied?

https://www.google.com/search?q=nhs+parking+principles&oq=NHS+Parking+prin&aqs=chrome.1.69i57j0l3.15528j0j8&sourceid=chrome&ie=UTF-8

Also read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

There is a good chance that a judge would agree and throw out there claim if they took this to court.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation. 

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,

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

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.r

bestfootie

D_P_Dance said:

Please read this, have they complied?

https://www.google.com/search?q=nhs+parking+principles&oq=NHS+Parking+prin&aqs=chrome.1.69i57j0l3.15528j0j8&sourceid=chrome&ie=UTF-8

No, they have not complied with this.
I have already complained to PALS at the NHS Trust, see the OP. I have also sent an email to PALS on 19 June 2020:-

Dear Sirs

Please see the below communication from January 2020 with PALS at ***** Hospital. 

Since then, ParkingEye who manage your car parks have sent a Letter Before County Court Action.

I am extremely dissatisfied at the behaviour of your parking management company who are predatorily preying on the sick and disabled in contravention of Government guidelines https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles). These include, inter alia:-

a.    charges should be ‘reasonable’ for the area;
b.    ‘concessions, including free or reduced charges or caps, should be available for the following groups:- … frequent outpatient attenders’; and
c.     additional charges should only be imposed where reasonable an should be waived when overstaying is beyond the driver’s control (e.g. when treatment takes longer than planned…)’.
 
I wrote this letter in reply to Parking Eye here. This letter contains the substantive reasons for my complaint. Among other things:-
 
1.    I was not driving the vehicle.
2.    The land concerned is a hospital car park. Separate specialist guidelines apply to parking in hospital car parks (see https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles).
3.    A person with a disability cannot be subject to any detriment relating to any matter to do with their condition (Equality Act 2010). The vehicle was being used by a patient at a hospital for a condition to which the act applies.
A few days ago, ParkingEye rejected my representations and I received notice from ParkingEye of a Letter Before Action in County Court - please click here.  
*******

See the initial letter from ParkingEye here.

I ask that you forthwith now liaise with ParkingEye to cancel the ticket, inform ParkingEye that they are to stop contacting me and pursuing this matter. As they will then no longer have 'reasonable cause' to process Keeper details, they no longer have the right to process information relating to the Keeper. I require them to cease processing all my personal data relating to the Keeper and for them to confirm within 10 days that this has been effected. Failure to confirm this will result in a complaint to both the ICO and DVLA with a view to removing their ICO registration and barring access to the Keeper database. 

I look forward to hearing from you urgently.

Yours faithfully

Previously the correspondence with PALS went like this:-

27th January 2020

Our Ref ****

Dear ****

RE: Appeal to Parking Charges at ******** Hospital

 Thank you for your email of 20th January

 In the first instance, all appeals regarding car parking should be directed to ParkingEye, an external company using the contact details on your charge letter and as detailed below:

 ·         By calling the ParkingEye call centre on 0844 247 2981

·         By writing directly by post to ParkingEye, PO Box 575, Chorley, PR6 6HT

·         By using our online appeals form which can be found at http://www.parkingeye.co.uk/Appeal

If this has been carried out, and you are not satisfied with the response gotten, please contact the car park office at **** Hospital at the below email address and a form will be sent for you to complete so the matter can be reviewed.

Kind regards

I have now followed up again with the hospital to seek their reply and will continue to do so until I garner a reply from them.

I will now also follow your advice and write to my MP. He and I are well-acquainted after many matters! :-D

In the meantime, any help in what to write to ParkingEye themselves would be greatly appreciated! TIA.

Ralph-y

was this during lockdown?

are you a health or essential worker ?

Ralph

bestfootie

Ralph-y said:

was this during lockdown?

are you a health or essential worker ?

Ralph

Hi Ralph - thanks for your reply! No I am not and this happened in January 2020, before lockdown.
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I have now complained to the DVLA about the conduct of ParkingEye as follows:-

Dear Sirs

Ref No: ****

Vehicle Registration No:*****

Date: 24 June 2020

As registered keeper of the above vehicle, I have received what I believe to be a very unfair parking charge from ParkingEye, the Parking Management Firm at *****  Hospital. They would have obtained my details by contacting the DVLA for the same.

The driver was seeking urgent medical attention for an ongoing medical condition for which they had been summoned to the hospital.

Since ParkingEye's request to you, and the subsequent supply by you of my personal data to them, ParkingEye have refused to cancel the ticket. This is notwithstanding the following information provided to them:- 

• I have sent them a letter confirming the driver was a patient at the hospital on the day in question.
• I have reminded them of many mitigating circumstances at the time, including unforeseen hospital delays and roadworks.
• Parking was paid, receipt attached, parking had extended by around 30 mins due to treatment overrunning.
• Per ParkingEye's own terms with the NHS Trust in question, ParkingEye is required to consider genuine emergency cases like this. Based on the reasoning outlined above, I respectfully requested they cancel the charges in this instance.  They continue to persist in their pursuit of a supposed breach of contract.
• ParkingEye, to whom you supplied my personal data, have now sent a Letter Before County Court Action in total disregard for the Government's guidelines. The DVLA has been complicit in this non-compliance.

I am disappointed that the DVLA is enabling ParkingEye in its breaching Government policy by allowing a private firm like ParkingEye to profit from PCNs particularly in instances where patients are seeking vital treatment or urgent medical care. Firms like ParkingEye are clearly incentivised to issue charges as their earnings are little other than penalty income. This is wrong and against the will of Parliament, please see https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles  

• Specifically, ParkingEye have broken these principles of the above (inter alia):-

  a.    charges should be ‘reasonable’ for the area;

  b.    ‘concessions, including free or reduced charges or caps, should be available for the following groups:- … frequent outpatient attenders’; and

  c.     additional charges should only be imposed where reasonable an should be waived when overstaying is beyond the driver’s control (e.g. when treatment takes longer than planned…)’.

The parking was paid for and this is nothing other than a predatory attempt by ParkingEye to punish people notwithstanding they suffer from genuine illnesses and are seeking medical treatment.

A person with a disability cannot be subject to any detriment relating to any matter to do with their condition (Equality Act 2010). The vehicle was being used by a patient at a hospital for a condition to which the act applies.

A few days ago, ParkingEye rejected my representations and I received notice from ParkingEye of a Letter Before Action in County Court - please click here.  

I ask that you now:-

• forthwith now liaise with ParkingEye to cancel the ticket;
• inform ParkingEye that they are to stop contacting me and pursuing this matter;
• as they will then no longer have 'reasonable cause' to process Keeper details, they no longer have the right to process information relating to the Keeper that you provided to them. 
• I require them to cease processing all my personal data relating to the Keeper and for them to confirm within 10 days that this has been effected. 
• I ask that you now remove ParkingEye's ICO registration and bar them access to the Keeper database. 

I look forward to hearing from you urgently.

Yours faithfully

I have also now sent the letter above (with minor amendments) to my MP. :-)

Le_Kirk

Was it this one: -
https://forums.moneysavingexpert.com/discussion/6047571/success-story-at-early-stage#latest
The only other one you posted was a Poll, which was closed.

bestfootie

Le_Kirk said:

Was it this one: -
https://forums.moneysavingexpert.com/discussion/6047571/success-story-at-early-stage#latest
The only other one you posted was a Poll, which was closed.

Nope. Different one. That was a private ticket in a retail car park, this one is a private ticket in a hospital.

FrankCannon

There was another thread posted on here last month regarding Barnet Hospital, and Coupon-mad recommended that the OP contacted Mr Mustard for some specialist local help ....

https://forums.moneysavingexpert.com/discussion/6136578/parking-eye-barnet-hospital-anpr-error/p1

bestfootie

Mr Mustard is a good guy, we've been in touch before. Good ol' Derek. :-)

bestfootie

Response from DVLA:-
Dear *******
Thank you for your email of 24 June 2020 about the release of information from the Driver and Vehicle Licensing Agency’s (DVLA) vehicle register.

Information about the registered keepers of vehicles can be released by the DVLA under Regulation 27 (1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002 permits the disclosure of vehicle keeper information to those who can demonstrate a reasonable cause for needing it.  The release of information under this legislation is not based on the consent of the data subject. Regulation 27 provides a legal gateway for the release of information. Disclosure in these circumstances does not breach the Data Protection Law and the Information Commissioner’s Office is fully aware that data held on the DVLA’s records is released in this way.

I have liaised with the parking company in question; ParkingEye Ltd and can confirm they had sufficient reasonable cause at the time to make the enquiry for data. Automatic Number Plate Recognition (ANPR) captured the vehicle in question; ****", entering the **** Hospital - Patient & Visitors B car park at 10:25:47 and departed at 12:00:15, which means the vehicle overstayed by 34 minutes.  ParkingEye Ltd advised that the parking charge was incurred due to insufficient parking time purchased, therefore an enquiry was made to DVLA for keeper information.

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it is not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil disputes between motorists and private car park enforcement companies. The DVLA cannot regulate any aspect of a company’s business. Any representations should be made to the landowner or his agent. DVLA releases information on the basis that reasonable cause is demonstrated.   

The company in question, ParkingEye Ltd, is a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry. The BPA’s code of practice is published on its website at www.britishparking.co.uk under the heading “Approved Operators Scheme”. If a member of this scheme does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA.

If you feel that any of the practices used by the company do not comply with the BPA’s code of practice, you may wish to contact the BPA at Stuart House, 41- 43 Perrymount Road, Haywards Heath, RH16 3BN, or submit your further complaint via the BPA’s online portal at https://portal.britishparking.co.uk/compliance/LogComplaint.

I trust that my response helps clarify matters

Kind Regards,

 

Sinead O'Sullivan

 

Compliance Officer,

Data Sharing Strategy and Compliance Team,

Strategy, Policy & Communications Directorate/ C2/ East/ DVLA Swansea/ SA99 1DY,

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Thoughts on a reply?