Fine issued for parking in hospital car park outside of a marked bay. Is there a case to appeal?

rekko

Hi everyone,

I'd be grateful for any advice or suggestions.

I was issued a £100 fine last week from F1rst Parking (reduced to £60 if paid within 14 days) when I parked outside the marked bays in a hospital car park (well, that is what I assume it is for, as the parking charge notice just stated 'No parking'). I did not block anybody in and it seems that the ticket was slapped on minutes after I left the car.

I actually paid for my stay in the car park when leaving the hospital, which adds to the frustration.

Practically, it is difficult for me to go back to the hospital and take pictures of any signs that may say that a fine will be issued if not parked in a marked bay.

Should I just pay up or is there a good chance to appeal and win this?

Many thanks for any help!

fisherjim

I guarantee you that no signs or letters will mention anything about a "fine" you are dealing with scam parking tickets not an authority,have you read the newbies thread?

Your first port of call is plan A which will include asking PALS to get it cancelled.

Coupon-mad

Just read the NEWBIES thread first and try PLAN A first, then PLAN B as set out there.

Neither is telling you to pay, not even if you lose at POPLA.

rekko

Thank you very much to both of you for your helpful replies. I have contacted the hospital PALS with a complaint about the ticket and I will wait to see what they say.

rekko

Okay, so here is the reply I got from PALS:

"Are you able to confirm if you were parked in a marked bay, if you were, you can appeal the ticket through first parking, the details are on the ticket.   If you were not parked in a marked bay, there is signage around the site stating parking out of a marked bay would warrant a fixed penalty notice.  You can view all the images taken of your vehicle on line."

As the car was not parked in a fixed bay, should I continue to contest the 'fine' with PALS?

KeithP

Have a look at these few words from NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts...

Keep on at PALS.

Coupon-mad

rekko said:

Okay, so here is the reply I got from PALS:

"Are you able to confirm if you were parked in a marked bay, if you were, you can appeal the ticket through first parking, the details are on the ticket.   If you were not parked in a marked bay, there is signage around the site stating parking out of a marked bay would warrant a fixed penalty notice.  You can view all the images taken of your vehicle on line."

As the car was not parked in a fixed bay, should I continue to contest the 'fine' with PALS?

Yes. Persist.

Tell them this is NOT a 'Fixed Penalty Notice' (Police only) and PALS don't appear to understand this is not an appeal.  It is a complaint about the Trust's agent and mist be properly investigated independently, not referred/fobbed off back to that agent.

Quote the Government's NHS Parking Guidance at them and explain your situation again.

rekko

Again, thank you very much for your help.

It feels like I am coming up against a wall with PALS.

"You will need to appeal this with first parking, the Trust cannot accommodate drivers parking along roadsides with no bays as it causes obstructions for any emergency services eg fire engines which has happened in the past from getting around bends that have been obstructed by vehicles that are not authorised to park there hence why this is on the signage around this site that no vehicle is authorised to park out of marked bays"

I replied, explaining that the car was parked in the hospital car park, therefore not blocking the way of any other vehicles, including fire engines or ambulances.

We seem to be stuck in this place, however:

"The Trust do not facilitate the enforcement process on this site so you will need to appeal the contravention with First parking"

Coupon-mad

But you need to say what we advised. 

rekko

Coupon-mad said:

But you need to say what we advised. 

This was the reply:

"Many thanks for your email.

I would like to inform you that only the police can issue a ‘Fixed penalty notice’.

 

My complaint here is that the driver of the car was driving around for a period of time in a hospital car park looking for a place to park before a surgical procedure in the hospital. The car did not block anybody in and the parking ticket was paid for before exiting the car park. A £100 fine for this is blatantly unreasonable.

 

This is a complaint against the agent that your Trust uses to manage the car park service – which is clearly exploiting patients who use the service of the hospital, and I trust that this complaint will be properly investigated.

As I am sure you are aware, NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

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

Coupon-mad

Great!

Now respond and say you will bypass PALS for failing to take responsibility for their agent (as the Government Guidance requires) and will be escalating the complaint to the CEO of the NHS Trust because PALS have failed to take the complaint seriously.