ParkingEye Disabled Bay Royal Free Hospital

IvorieS

My visit to the hospital was on a Saturday afternoon at 4.15pm. The hospital was not allowing anyone in unless they have an appointment. From memory there was only one other vehicle in the car park. When I reported to reception there was no one else there expect myself and my mother. 

So to answer your questions - 
No I do not expect someone from the hospital to plough through CCTV footage but what I do expect is that staff conduct their duties so that I do not now have to waste my time trying to sort this out. If the reception lady had recorded my vehicle in the first place I wouldn’t be on this forum or talking about retrieving footage. 

I am hoping the footage will show me exiting the vehicle with the badge in my hand and entering reception to show it to the lady. Since there was no one else around at the time, I don’t think it will be too difficult to identify myself and my mother. 

There is no need to be so flippant in your response and yes, I am well this is not a murder case. However, since the hospital was reception area was empty as was the car park pretty much, I think footage will show exactly what I expect it to. Besides, if there is signage displayed outside, I don’t see what else I can argue my case with. 

Fruitcake

There are lots of things you can use to argue your case.
Not the landowner
No standing to issue charges in their own name
Breach of the Equality Act 2010,
Inadequate signage
Unfair contract terms
Frustration of contract (you handed the badge and VRM details to reception so you held up your end of the bargain)

to name but a few.

I too believe you will get nowhere asking for CCTV footage. 

Start with a complain to PALS as advised, and the head of the Hospital Trust.

If the charge is not cancelled then send the blue appeal template from the NEWBIES before the appeal deadline. Send it unaltered from The Keeper.
Save all your other evidence for PoPLA.

KeithP

IvorieS said:

I don’t see what else I can argue my case with. 

You don't have to prove your case. I wrote earlier that it is for the Claimant to prove their case.

As we all seem to agree this isn't a murder case  , or a criminal case of any kind, you only need to show on the balance of probabilities that what you say is true.

Anyway, that's enough about court, just get PALS to cancel it. Easy job.

IvorieS

That’s helpful, thank you. 

I’ve never received a PCN and so it’s the first time I’m looking in to how to defend my case. I only collected my post a few hours ago so still quite raw. 

Plus I am a carer for my mother and this was an emergency appointment so that’s irritating me too. 

Thank you again for your help. 

Redx

I am in agreement with all the above , so ignoring the probably futile CCTV request , fruitcake has outlined every tool at your disposal if it comes to it

Mention frustration of contract , plus the Equality Act and those NHS guidelines that they failed on

It takes two to tango , you fulfilled your part of the parking contract , if it was as empty as you say , they weren't too busy to record the VRM and the blue badge details

IvorieS

I’ve been watching too much of Sherlock Holmes! 

I’ll speak to PALS tomorrow and let you all know of the outcome. 

Once again, thank you for the help you have provided this evening. Receiving that PCN was horrid but seeking guidance here and the support from you all has helped. Thank you. 

Johnersh

These cases technically depend on a contract with the DRIVER. The problem PE have is that the parking fee exemption requires the performance of a Third PARTY (i.e. Steps outside of the drivers control).

It is not enough for them to say no registration was "white listed" so we charged you. They need to show a failure to perform your obligation, which in this case appears to have been only to park and present proof of eligibility for free parking at the desk. 

If (and we can imagine how it happens) reception are too busy to input it or make a typo in their ipad, that is a system error not a breach of contract terms by the driver.

1. I would ask for the log of all car registrations to see if any typo has occurred (this is NOT personal data since you have no access to the dvla database to obtain any restricted details) 
2. I would ask for evidence from the hospital that you did not present your blue badge (other than from their ipad log). 

Further the imposition of a fine without checking eligibility could be argued to be a form of indirect (i.e. Unintended) disability discrimination since no other able bodied drivers need to place trust in a third party to comply with the parking terms. Further it is noteworthy that in a parking scheme with a warden, no ticket would be applied, since a blue badge would have been displayed, since you had one and presented one. 

Let's not play silly bu88ers here, this is a case where I think it's advantageous to front up who's driving and do a clear statement. 

D_P_Dance

IMO, PE would be most unwise not to cancel this, I  Would also consider a counter claim for a data breach.

Redx

In addition to what Johnersh says above , check if Parking Eye complied with POFA , they often do comply !!

If yes , if they complied in timeframes and wording , it is pointless complaining or appealing as a Keeper under POFA , hence it is much better to follow his advice and be a first person witness as the driver and include what he said above

IvorieS

Morning All,
Just to give you an update - I tried reaching out to PALS but they were unavailable via the phone.
I then called switchboard and asked to be put through to the person managing the car parks.
I was transferred to the Parking Manager.
Explained the situation to her: I had bought my mother to the hospital for an emergency appointment and parked in the disabled bay within the Pond Street car park. I reported to reception, showed the lady the blue badge and she wrote down the VRM but since then I have now received a PCN.
The parking manager asked me to email her a copy of the disabled badge and if she is satisfied once seeing it, she will cancel the PCN.
I have just sent the email over to her along with a copy of the PCN and a copy of the text with appointment details; lets wait and see what follows.
I will keep you all updated.
Thanks again for all the help provided!