Parkingeye - Barnet Hospital - County Court

astender

Hi, first time in this situation.

Current status
09.08 CC claim issued on 09.08, acknowledged on 21.08, now preparing defence to present on 06.09 (deadline) via email (MCOL login not working)
12.08 received
21.08 acknowledged
06.09 deadline for defence (will send by post as MCOL login not working)

I have read read the NEWBIES section, NHS car park guide, several defences against ParkingEye judgements and transcripts in and out of this forum, yet I feel unprepared!

(sorry I am not allowed to post links yet)

Here's what happened:

Sometime in 2020

My daughter has a severe allergic reaction and her face started swelling, we called 999, no ambulances readily avaialble. We were told to reach A&E within the hour.
Arrived at Barnet Hospital  around 11pm on a Friday. The small A&E car park was full. So I had to go to the Patient and Visitors one, further away, which was deserted
I noticed the meter and PayByPhone sticker, memorised the number and while rushing the patient to reception, managed to pay for 2h. It takes only 4 or 5 taps. I have used the app many times and I think £3.30 is not an unreasonable to help maintain the car park.

The A&E had 40-50 people waiting. I expected to receive an SMS to extend the parking but I never received it! (see attachment)
Between distress and exhaustion, I (wrongly) assumed that, being the weekend on an empty car park, there would be no further parking charges at least until 6m. 
We left the hospital after 4am.

13 days lafter the event a PCN Reminder for £100 was received, it included ANPR photos.

5 after that I wrote to PALS requesting cancellation, had a response acknowleging receipt, but no confirmation the case was dealt with.

There was no other communication from PE or PALS. I (wrongly, again) assumed PALS had resolved the issue because there were no precourt action, solicitor or recovery letters, only the County Court Claim received 18 months later. 

There are many clauses I have seen used to mount a defence against PE's claim, but what is really bothering me is that had I received the text saying the parking time is expiring, I would be more than happy to extend for another 2h period. What is £3.30, when the life of a loved one is in danger?

But ParkingEye only cares about the money and court about the law - there is no room for heart or emotions!

My instinct is to fight because I feel the action is disproportionate. Do you have any advice for me? 

D_P_Dance

Have you complained to your MP and PALS?

astender

Yes @D_P_Dance, wrote to PALS again and copied rf-tr.carparkingbcf_AT_nhs.net. 

Writing to MP today!

Coupon-mad

Did you move house in the meantime?  Odd that you didn’t get a LBCCC because ParkingEye do send them.  That would also have been a chance to complain and get it cancelled because ParkingEye do cancel a lot at LBCCC stage when landowners get involved.

Send another complaint, this time to the CEO of the NHS Trust.  May as well try that; show your evidence of previously complaining to PALS and yet you were ignored, despite this falling squarely within the NHS Parking Principles. 

As for doing a defence, I would Google ParkingEye defence NHS Principles and adapt one someone did before, but change the statement of truth to the newer 2020 version as shown in the Newbies thread 2nd post.

Don’t use the template defence as this is a ParkingEye claim and they don’t add false costs.

KeithP

astender said:

Current status
09.08 CC claim issued on 09.08, acknowledged on 21.08, now preparing defence to present on 06.09 (deadline) via email (MCOL login not working)
12.08 received
21.08 acknowledged
06.09 deadline for defence (will send by post as MCOL login not working)

You have a lot more time to prepare you Defence than you think.
You appear to have overlooked the five days allowed for service of the claim.
When the time comes, file it by email rather than post - as described below.

With a Claim Issue Date of 9th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th September 2021 to file your Defence.

That's over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

astender

@Coupon-mad I have not moved house. I will write to the head of NHS. Although I think he has much more important things to deal with, this exploitation at hospitals needs to stop. Thank you for the reminder, I am focusing the defence on the NHS parking Principles, and I am aware templates need to be ParkingEye specific. Thanks again, for your support here and all over this forum. The NEWBIES thread is an absolute gem of information.

@KeithP I did see the 5 days grace period mentioned on the forum, now it realise it is because of this statement on MCOL's site: The date of service is taken as 5 days after the issue date shown on the front of the Claim Form N1. Good spot. I will most certainly file via email. Thank you 

I will not be able to word the next point with law terminology, more like in lay terms instead: had I been alerted of my expiring parking time, I would be happy to pay another £3,30 to stay another 2h in the A&E as that was the best place I could be for my daughter at the time. I would even pay £10 for 24h, things anyone would do when there are much higher priorities. I do not think that is an unreasonable or unconscionable amount of money for using up a parking space in a public hospital. 

Though, it sounds like I cannot blame PayByPhone for not sending the SMS about the parking time expiring, or the mobile network for not transmitting the message, or my phone maker for not receiving it. Despite the emergency on the way in or the exhaustion on the way out, the law and the business will say I should have read the contract.

So I went back there and paid for 1h. Again, there was NO alert from PayByPhone advising of the time expiring, offering to add time to my parking! That's the scam! I parked in North Finchley (London) earlier and I did get a reminder to extend parking! If other facilities have that, why Barnet Hospital does not?? 

If the payment is to be made on the way out like an airport or shopping centre, where is the card or token to authenticate on the way out? It feels like this is done on purpose, easy preys in hospitals, the majority just paying up £60 or £100 to save aggravation.

The token was already in my hands, and I activated it on the way in. If ANPR cameras can be used to automated PCNs and trick people while they are vulnerable, why not use the technology to help us comply instead??  The Dartford Bridge and Congestion Charge will debit my card automatically, why not set up hospitals in that way and give people a chance pay in time, the right amount, and not make it into an invoice demanding a penalty charge?

Furthermore, I feel coerced because I had no option. I could not have chosen an alternative car park, I HAD TO take my daughter to the A&E, and she did not look well at all. It is not the first time we feared for her life. 

Now please tell me, what sort of contract is positioned is positioned 12ft high on a post? What if it was raining? Is it OK that a parking sign at the entrance is covered by plants? Can't tell what it is about as couldn't read it and I have photos to show.

I know it is a controlled car park, I see a meter, so logic says tI will have to pay, and I did. In good faith and I have never refused to pay the correct amount, but if ParkingEye wants to get £100, they will have to fight hard for it.

KeithP

astender said:

 I did see the 5 days grace period mentioned on the forum, now it realise it is because of this statement on MCOL's site: The date of service is taken as 5 days after the issue date shown on the front of the Claim Form N1. 

It actually says that on the back of your Claim Form too. 

Coupon-mad

We agree with you about the entire scam operated at private car parks, and particularly at Hospitals and it’s interesting that PayBy Phone doesn’t send outpatients and visitors an alert at this site...almost as if it’s deliberate...

You could ask The CEO of the NHS Trusr whether the SMS alerts have been disabled by their parking operator or by whom, and why?  To catch more people?

astender

Thanks again @KeithP and @Coupon-mad

I have written a long email with photographic evidence to PALS, Ms Amanda Pritchard (NHS CEO) and to rf-tr.carparkingbcf (which is likely to be a forward to ParkingEye)

I'll keep this thread updated.