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

rekko

Coupon-mad said:

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.

"I think you misunderstood, where you parked was out of a bay  - signage is around this site informing users to only park in marked bays.  As mentioned in my previous email,  the Trust do not want drivers parking anywhere on this site which is private land, hence why there are marked bays where its permissible for drivers to park.    If you visit the site again please only park in marked bays to avoid receiving another fine.   If you wish to appeal please contact First Parking as they manage the enforcement process."

And the reply:

"Thank you again for your email.

It feels, however, that you are not taking my complaint seriously. The car was parked inside a walled car park that has entry and exit barriers. A fee was paid for parking in the car park. Your previous emailed stated that the Trust does not want people to park in places that can obstruct emergency vehicles – which of course makes sense. However, the car did not obstruct anybody.

As you already know according to the linked guidelines below, NHS organisations are responsible for the actions of private contractors who run car parks on their behalf. Therefore, my understanding is that PALS feels it is okay for somebody to receive a £100 ‘fine’ for parking outside of a marked bay in a paid car park, but not causing any obstruction to others. I also need to remind that only the police can lawfully enforce a ‘Fixed penalty notice’.

As you have failed to take seriously this questionable business practice, I will be escalating this complaint to the CEO of the Trust."

It is an exhausting process and I am almost tempted just to pay the £60 for peace of mind.

1505grandad

Have you involved your MP?

Coupon-mad

Just send a complaint to the CEO of the Trust.  ALWAYS worth fighting.

fisherjim

You really should stop legitimising this by calling it a fine, you have already told PALS it isn't and they don't seem to be the brightest sparks, better off calling it an invoice or charge IMHO

rekko

Again, thank you all. After raising a complaint with the CEO I understand my task is to now sit tight for 3 weeks and then appeal the PCN?

Coupon-mad

Yes, you can appeal for 28 days.

So the complaint comes first and is very urgent, because the Trust's CEO and their Leadership team will be on holiday within days...