Received 6 letters from DCBL & CNBC for ParkingEye hospital fine

Jibedy

Today I received a letter from the Civil National Business Centre and I don't really know what to do about it.

From what I can recall I was at the hospital because my I took my dad into A&E for a possible stroke and he ended up staying overnight. I done two trips to the A&E one to drop him off during the day and I parked in the patient drop off area and the max stay was 20 minutes. The second time was to pick him up and I parked in the main car park P4 using his blue badge and I had to give my car reg to the receptionist to enter into the system.

Fruitcake

Plan A is a complaint to the PALS and/or the head of the hospital trust/CEO, and your MP. This looks like it might be a double dip case, although that isn't what is stated on the claim form.

Did you never receive the original PCN/NTK?

You have a live claim so you need to acknowledge service and submit a defence. How to do this is explained in the guide to court written by bargepole that you find in the sticky Announcement for NEWBIES and the Template Defence sticky Announcement that includes a twelve step guide to court, and 95% of the defence you need ready written for you.

Post (only) the parts of the defence that you have amended yourself on here before you submit it by email to the CNBC.

Do the AoS on day five from the issue date to give you the maximum time to create a defence. You should include the CEL v Chan case and screenshot of the transcript from the defence template thread, because the particulars of claim are woefully inadequate and do not specify a cause of action (reason) for the claim.

Send an SAR to ParkingEye, although you probably won't get a response until after the defence submission deadline, which is nominally 33 days after the claim issue date as long as you complete the AoS in time.

Get photos of the site and signage where the alleged event occurred, and any evidence you have that this was two separate visits, not one long one. (Dashcam footage, 'phone location if tracking is enabled, vehicle telemetry/black box/GPS memory, till receipts, work time-logs, witness statements etcetera).

Jibedy

I will send a complaint to PALS and see how that goes. I never received the original PCN/NTK because I moved property around that time.

Coupon-mad

Jibedy said:

I will send a complaint to PALS and see how that goes. I never received the original PCN/NTK because I moved property around that time.

You must defend the claim and it is easy.  There won't even be a hearing.  DCB will discontinue.

@KeithP will be along soon with links & deadlines for your case.

KeithP

With a Claim Issue Date of 18th March, you have until Monday 8th April to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 23rd March, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 22nd April 2024 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Jibedy

I have just gone up to the hosptial to look at the payment machines and they have been changed to another company.

Coupon-mad

Mention that in your facts paragraph 5, which goes underneath the CEL v Chan transcript.  As explained in the 3rd post of the Template Defence.

Also state this in your para 5 and suggest that it looks like ParkingEye are suing the Defendant without human checks of AI data. There is no breach and no cause of action because it was two visits that day, which the Government's Code of Practice calls a 'double dip' caused by a parking operator failing to check for all ANPR images in a 24 hour period:

From what I can recall I was at the hospital because my I took my dad into A&E for a possible stroke and he ended up staying overnight. I done two trips to the A&E one to drop him off during the day and I parked in the patient drop off area and the max stay was 20 minutes. The second time was to pick him up and I parked in the main car park P4 using his blue badge and I had to give my car reg to the receptionist to enter into the system.

Jibedy

I was unsuccessful in my PALS email, they referred me to POPLA.

Fruitcake

PoPLA is no longer an option. You have a live court claim that you must defend. You weren't asking about an appeal, you were complaining and telling the hospital to cancel because this was two separate visits. 
You need to go higher up the food chain to the head of the hospital trust/CEO, and your MP, but you must also defend the claim at the same time. Remind the hospital that they are liable for the actions of their agents, and the hospital will be required to send someone to attend the hearing as a witness. Ask then for the contact details of their legal department, and the name of the person who will be attending court.

Have you found evidence of where the car or the driver was at the time of the alleged event as advised? If you have, then you should include that in your complaints.

GrannyKate

Yes respond to PALS and say you wish to make a formal complaint to Trust CEO.  

D_P_Dance

Do above, copied  to  your MP.