CEL parking scam - NTK for an NHS worker parking in a residential car park where the patient lives

longtermrenter

Hi, I have had a good read of the Newbie's thread. My wife is a community NHS worker and went to visit a patient in a town where parking isn't very easy. The patient lives in some flats with a car park run by CEL and she parked there thinking it would be OK as a visitor to a resident who is unwell. There was no ticket put on the car, all she got was the NTK, delivered yesterday, the 20th Nov. The day she parked in the car park was the 5th Nov and the sign says Private Land, Permit holders only. One thing is that we have just moved house, my wife sent her logbook (v5) off on about the 11th so CEL sent the NTK to our old address where it was redirected by Royal Mail. The NTK looks POFA compliant so I just have two questions:

1. Should she try complaining to the property management company first or just go straight in for an appeal. The details of the company are on the sign.
2. Should she declare she is the driver or just use the standard text in the Newbie's thread for the appeal.

To me, it seems mad that these people are trying to stop genuine health visitors from coming to see the residents as this could affect their health. The fine is the usual £60 rising to £100 in 14 days

Fruitcake

The keeper should complain to the landowner and managing agent asap, as well as their MP and the Secretary of State for Health. It is disgusting that health workers are being targeted by these unregulated companies.

Send a rectification notice to the DPO of CEL instructing them to erase the keeper's old data and replace it with their new address for service.

Wait to see if the charge is cancelled by the landowner. If this is not forthcoming, send the appeal template in blue text from the NEWBIES, unaltered, from the keeper.

It may be better to reveal the driver's identity at a later date, but don't do it just yet.

KeithP

Is this paragraph from the BPA's Code of Practice any use to you?...

Fruitcake

The keeper should also get photos of the site and signage, and obtain a copy of the lease/AST/property rental agreement of the person being visited. 
It is important to determine what the lease etcetera says about parking, parking permits, visitor parking, visitor permits and how to obtain them. What it doesn't say is just as important if not more important.

longtermrenter

Fruitcake said:

The keeper should complain to the landowner and managing agent asap, as well as their MP and the Secretary of State for Health. It is disgusting that health workers are being targeted by these unregulated companies.

Send a rectification notice to the DPO of CEL instructing them to erase the keeper's old data and replace it with their new address for service.

Wait to see if the charge is cancelled by the landowner. If this is not forthcoming, send the appeal template in blue text from the NEWBIES, unaltered, from the keeper.

It may be better to reveal the driver's identity at a later date, but don't do it just yet.

Thank you for your help. For the complaints to the landowner, MP etc., Do we use my wife's name, revealing the driver, or just refer to the vehicle.or would we just say she is the keeper and refer to her in the 3rd person anonymously e.g. 'the driver is an NHS worker'?

longtermrenter

KeithP said:

Is this any use to you?...

Thank you for this. My wife was doing an assessment as part of her job so wouldn't be classed as an emergency worker. Crazy really as many of her patients are either very old, vulnerable, end-of-life or a combination of all three. In the context of that paragraph above, a district nurse arriving to give planned palliative pain relief to a dying cancer patient would not be classed as an emergency so they could be slapped with a nice juicy ticket, or several if they made a few visits that day/week. Lovely!

longtermrenter

Fruitcake said:

The keeper should also get photos of the site and signage, and obtain a copy of the lease/AST/property rental agreement of the person being visited. 
It is important to determine what the lease etcetera says about parking, parking permits, visitor parking, visitor permits and how to obtain them. What it doesn't say is just as important if not more important.

Thank you as well for this advice. I think getting hold of the lease agreement could be very difficult but I wonder is it possible to ask the management company or CEL for this. Perhaps under FOI? Will definitely get a photo of the site and signage. Thanks again.

Redx

If it's a private company , FOI does not apply

It's not a fine , never refer to the PCN as a fine , it's an invoice , a private parking charge notice , not a fine

The keeper complains as keeper to the management company , not admitting to being the driver , yet , the royal WE is ok

The keeper appeals to CEL using the blue text template , adding a sentence that , the driver was a health visitor ( or NHS worker ) covered by clause 9.3 of the BPA CoP , so cancel the PCN

No blabbing about who was driving

Umkomaas

Is the NtK PoFA-compliant?

What is the date of issue shown on it?

longtermrenter

Umkomaas said:

Is the NtK PoFA-compliant?

What is the date of issue shown on it?

Hi, yes it's POFA compliant. Date of issue is the 16th Nov so 11 days after the car was parked.

D_P_Dance

Have you complained to your MP?