Support in fighting a PCN

Anon0012300

Hi all,

I received a PCN from legion group as a result of being incorrectly parked at the hospital which I work at.

Back story: Informed of a medical emergency at work by a fellow colleague (doctor) at ward level. Rushed to get in to the hospital, we have multiple carparks but as with every other trust; there are more permits available than there are bays to park so parking can be a struggle. Given that there was a medical emergency, I parked in a spot which was safe enough (and someone parks there pretty much every single day if I'm honest) although not a marked bay. Barriers to go further into the hospital were obstructed by a a vehicle waiting to be let through to the hospital grounds (where a further two car parks are located - likely to have also been full as this is normal at my place of work). I simply could not wait given the situation and preferred to get in ASAP to support and get on with my day job with the intent to move my vehicle later. Although unrelated to the matter above, and doesn't matter in the slightest;  the patient for which I rushed to deliver support did pass away (decision for time of death was made whilst I was performing CPR almost 45 minutes in total after further deterioration, so this was already not a good day for me!).

Later returned to my car to see a PCN stuck on my windscreen (despite security initially stating it's fine and I could move my car later). Initially was not clued up and was told to ignore it. I know of members of staff in-trust who have ignored all correspondence which has been from debt collectors for ~2 years and nothing has been done since - I am aware that the best options are to appeal, then submit a POPLA and then to ignore correspondence where DR+ communications are received, until a court order is received.

The problem:
Initially, their website was not working so I could not submit an appeal - had some correspondence and submitted an appeal on day 14 (trust security advised me that if I appeal it should get cancelled) - of course this did not happen. The response went into my junk email (appeal rejected + POPLA code issued), I then went abroad for 2.5 weeks. I contacted security again to receive a shrewd response saying it is my own fault anyways. My POPLA code is now expired (today is day 35 post rejection).

Having now read the relevant forums, I assume the steps going forward will be to ignore debt collector correspondence and see what happens with regards to court.

Pictures were taken of my car on the red routes which are marked in the Trust's car park - however, the sign pertaining to the red route is taken from outside of a different car park which is around 20 meters away from the one which I was parked in
There are no signs regarding marking of red routes inside the Trust's car park but there is a sign near the entrance of the car park which mentions this
The spot where I parked would not obstruct traffic under any circumstances, some of their bays are actually in tighter/more awkward spots - I know of at least five people whose Cars have been scraped due to some tighter car parking spots in this very car park and CCTV footage/security intervention to identify offending individuals has been denied completely despite requests in writing as per their instructions
The Trust's security team also parks wherever they like - red routes, along the road forcing cars to go around their parked vans, and even in a yellow box junction like marking which states "no parking in this area" - I just took this photo today and this is seen literally every day (even when parking spots are available)

Do I have a case to fight this?

I contacted PALS who informed me that they cannot help as I am a member of staff but I should contact the head of security (who I'm sure will resist my emails anyways).

Problems which I am now aware of:
Appealed earlier than I should have
Missed POPLA deadline
They are aware who I am as I have contacted security + my appeal foolishly mentions my circumstances (genuinely thought it would be fine given the unfortunate situation + was informed by my own Trust's security to appeal
Security also informed me that the landowner has no power to rescind the PCN - also incorrect

Pictures:

Sign at car park entry, I note letter E

I know three colleagues whose cars have been damaged from parking in the "marked bay" where the white car is

Yellow line: where I was parked

Red route sign (not directly in front of or inside the car park)

Security van - sometimes 2 of these are parked here, even when space is available, clearly states "No parking in this area"

Umkomaas

If you can't get the hospital to cancel this, and you've missed your POPLA appeal deadline, all you can do is ignore anything else that comes your way apart from a Letter Of/Before Claim or a formal Court Claim via the Northampton CCBC. OCS (t/a The Legion Group) isn't recognised as being litigious. If you change address in the next 6 years, you must inform the parking firm in writing. You do not want to risk a (highly unlikely) court claim being served on an old address. 

You must formally ask the hospital (in writing) what procedure you should follow in terms of parking should the same scenario of an emergency call repeat itself. 

Are you aware of the NHS Parking Guidance issued by Govt?  Quote it at the hospital. 

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

Are you a member of a Trade Union?  Get them involved to help you. 

Fruitcake

Go for the head of the hospital and request this be cancelled. Point out the government guidelines as above, ask what you should do next time this happens. Remind them about the anti-bullying and abuse of staff requirements.
Ask them in writing to put in writing that you will not be disciplined if this happens again but you turn round and go home if you can't find a parking space.
I certainly couldn't have afforded to do my job if it came with a £100 surcharge every time.

Complain to your MP and the secretary of state for health. Contact local and national press.

Get your union rep involved if you have one. They should be all over this like a rash.

Having more permits than spaces in my opinion is entrapment. You are invited to form a contract but the "service" supplier has failed to comply with their side of the deal.

As for the security van parking in the no-parking area, that is a matter for the two different sub-contractors to sort out between them. What you don't know is if Legion Group issue/issued PCNs to the Mitie company van.

OCS Group Ltd t/a Legion Group don't pop up here very often, so I don't know if they are litigious or not, but you need to get this resolved before it gets that far.

Anon0012300

Fruitcake said:

Go for the head of the hospital and request this be cancelled. Point out the government guidelines as above, ask what you should do next time this happens. Remind them about the anti-bullying and abuse of staff requirements.
Ask them in writing to put in writing that you will not be disciplined if this happens again but you turn round and go home if you can't find a parking space.
I certainly couldn't have afforded to do my job if it came with a £100 surcharge every time.

Complain to your MP and the secretary of state for health. Contact local and national press.

Get your union rep involved if you have one. They should be all over this like a rash.

Having more permits than spaces in my opinion is entrapment. You are invited to form a contract but the "service" supplier has failed to comply with their side of the deal.

As for the security van parking in the no-parking area, that is a matter for the two different sub-contractors to sort out between them. What you don't know is if Legion Group issue/issued PCNs to the Mitie company van.

OCS Group Ltd t/a Legion Group don't pop up here very often, so I don't know if they are litigious or not, but you need to get this resolved before it gets that far.

Ironically, the mitie van is what security use to get around the premises - they are also thr same people who ticket others who may be 'incorrectly' parked. Also noted another one of their vans parked on a red route infront of a set of doors 😂
I will send an email the head of security today and see what happens today

Anon0012300

A copy of the Trust policy - any vehicles parked inappropriately will receive a PCN. So there is no exclusion for security staff!

However it also states that the Trust cannot withdraw PCNs - I know that  this is untrue and the Trust has the ability to get these cancelled (if they would like to!)  

KeithP

Anon0012300 said:

However it also states that the Trust cannot withdraw PCNs - I know that  this is untrue and the Trust has the ability to get these cancelled (if they would like to!)  

and that document that @Umkomaas linked to confirms that the trust remain in control...

Anon0012300

Update:
Emailed head of security, no response.

Emailed his colleague who then replied asking me to submit an appeal and wait on legion to respond if I haven't already (have already done this) and that they will get back in touch with me after discussing with the hospital security.

Also have recived 2x letters from DR+ 😅

Fruitcake

What did the head of the hospital trust, your MP, and the Secretary of State for Health have to say about being penalised for going to work?

Do you have a union rep? If so, what did they say?

From para 5.4 of the Trust policy,

" ... ensuring that the Trust is able to operate safely and the required activity is maintained."

People going home because they can't park means the Trust will not be able to operate safely.
Getting a £100 charge for going to work is an incentive to go home.

I also note that in 5.4.1 the policy refers to a penalty. I believe this is unlawful as an unregulated private parking/security company is not permitted to issue penalties.

This policy term is unlawful as it breaches the Equality Act 2010.

"Vehicles not displaying the required disabled badge or permit which are parked on disable spaces."

The blue badge scheme is not applicable on private land. A blue badge is an indicator of a disability, but it is not the only indicator. Issuing a PCN to a motorist where an occupant of the vehicle is disabled and has protected characteristics in accordance with the EA 2010 is indirect discrimination. Once the Trust and/or their agents are made aware that an occupant of the vehicle has a disability, to progress with the PCN and demand monies would be direct discrimination.
The Trust should be aware that they are leaving themselves wide open for legal action against them if this policy is maintained.

Have you contacted local and national press about this? The public need to know that hospital staff are getting charged £100 to go to work which is could result in resignations and reduce health care at the hospital, and could cost lives.