SABA TRELISKE HOSPITAL PARKING...NOT!

DC17

Have you tried Plan A yet? Complained to the landowner or their agent? If you were visting the hospital, although as you state, not in their car park or their land, have you complained to PALS? Have you written to your MP to complain?

Plan B is to appeal to the PPC. In this case, if the driver has not been identified, use the template appeal in the Newbies/FAQ thread/ You are appealing as the RK. Do not identify the driver. The PCN is not strictly PoFA compliant but also, as they have added a £27 admin fee, the NtK does not match the NtD and therefore is not PoFA compliant.

If/when they reject your appeal, you go to Plan C and appeal to POPLA where it should be successful as long as you don't get the tea boy making the assessment. Signage, PoFA, landowner authority etc., etc. will be your argument.

If all those plans fail, you are nit having much luck and you would then defend in Plan D where a judge would be the final arbiter as to whether you have a debt to SABA.

Thanks! 

Not done anything yet as I didn't want to rush a move. Instead, asking for help here has helped me in previous cases and made all the difference in a positive outcome.

I'll start with plan A. Thanks.

Umkomaas

DC17 said:

Right but wrong...

...if you say "I didn't use the parking" or "how long I was there" in your appeal, then you will bin the win.

How so? Because I'm identifying myself as the driver, or because that is not a valuable input to the appeal?
Thanks.

As the SABA NtK fails to comply with the Protection of Freedoms Act 2012 (Schedule 4), they cannot hold the keeper liable - in law. They can only hold the driver liable and what they need is the driver's head delivered to them on a silver platter. Do you really want to do that?

DC17

So here is the feedback from the email sent.

Thank you for your email. If this is the public roads around the hospital – then this would be a Cornwall Council penalty charge notice it should explain who the issuer is on the ticket itself, as well as the nature of the parking infringement. If this is the case then they are responsible for enforcement on the public roads around the hospital. That would include any appeal you would wish to make. Saba are a private company and responsible for parking enforcement within the hospital grounds and would have an appeals process for tickets they issue.

 

Hope this is helpful

 

Kind regards

 

XXXX XXXXXX

Complaints Officer

Patient Experience

Royal Cornwall Hospitals NHS Trust

2nd Floor Knowledge Spa, Truro, TR1 3HJ

Telephone: 01872 252793

So, now that I have confirmation would I follow the appeal process?
Here is the doubt on the NtK stating the appeal has to be done within 28 days of this parking charge.
Is this the 8/06/2023, or the NtK on 13/07/2023?

If it's the first the time has passed. It would have been 06/07/2023. If the second, then it would have been 10/08/2023! Right?



Thanks.

DC17

Checking the appeals process online on the website, it has another added charge on top of the charge and the admin fee. It adds a handling fee.




Would the advise bee to use email or the website appeals process?

Thanks again in advance for all the help.

Coupon-mad

You use whatever method is on the PCN.  They can't add an admin charge. This has been discussed just days ago:
https://forums.moneysavingexpert.com/discussion/comment/80189917/#Comment_80189917

You've read the NEWBIES thread and know when to appeal and why not to imply who parked?

DC17

You use whatever method is on the PCN.  They can't add an admin charge. This has been discussed just days ago:

https://forums.moneysavingexpert.com/discussion/comment/80189917/#Comment_80189917

You've read the NEWBIES thread and know when to appeal and why not to imply who parked?

Yes, I read it and understood that.

Albeit, it states to add careful info about the driver. Am I assuming this means an edited version without names or identifiable info?

You can (carefully!) add a little to the template above, 'in order to resolve the dispute I attach copies of...':

- the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc.

The PCN would be out of date.

"In the case of CURRENT (NON-DVLA-BANNED) BRITISH PARKING ASSOCIATION (BPA) AOS MEMBERS ONLY, appeal online or by email at day 25 or 26 after a windscreen PCN but as the KEEPER, not driver, using the ''one size fits all'' blue appeal template below." 

On the NtK would still be in date; there are three...
Site, email or post.
So, I'll use the site on day 25 or 26 (which would be the 7th or 8th of August) after the NtK, right? Since I only received the NtK on 13/07/2023 after the PCN windscreen on 08/06/2023.




Yes, I wanted to add the information on this post on how they sneak in extra charges on each step.

Thanks.

Coupon-mad

Why would you appeal to a NTK quite late? That advice is clearly only for windscreen PCNs.

 Am I assuming this means an edited version without names or identifiable info?

Sorry I'm not following? Why would anyone throw away their appeal by responding without the name and address of the keeper, that the parking firm already holds?  Please re-read the advice about how to appeal.

DC17

Coupon-mad said:

Why would you appeal to a NTK quite late? That advice is clearly only for windscreen PCNs.

 Am I assuming this means an edited version without names or identifiable info?

Sorry I'm not following? Why would anyone throw away their appeal by responding without the name and address of the keeper, that the parking firm already holds?  Please re-read the advice about how to appeal.

Ok. Thank you. Sorry for the misunderstanding!

The name issue is not the keeper's information, it's the newbies information that states do not give the driver's info, yet further down states to give the driver's info like I quoted.

"the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc."

Hence the question about that information being edited, or am I to assume the info given does not reflect the driver just a genuine customer/patient?

Thanks.

Umkomaas

Hence the question about that information being edited, or am I to assume the info given does not reflect the driver just a genuine customer/patient?

Yep, that's it. 

As the NtK is addressed to the keeper, it needs to be addressed by the keeper. And especially as the NtK is not PoFA-compliant, the keeper cannot be held liable. In your appeal you can state that an occupant of the car had a hospital appointment and were a genuine patient of the hospital. You can send a copy of the appointment letter/card, even with the patient's name showing. This in no way identifies them as the driver. 

Coupon-mad

The NEWBIES thread says don't give driver's details.  But when appealing, it doesn't say 'give driver's details' it says give the keeper's (or hirer/lessee)'s name & address.

Huge difference!