Barnet Hospital pcn but could not park

dadsma

Just to clarify, please.  In the POPLA appeal the keeper did not admit to being the driver but cannot do so now because it would be “two bites at the cherry”?

Gr1pr

A driver can implicate themselves at any point in time, regardless of what was written in the first appeal or in a subsequent Popla appeal 

You appear to be wanting to do a reset, not possible if the keeper and driver are the same person 

dadsma

Thank you.  There are a few days left before the LBCCC timeline ends. I will defend any claim but I am now abroad until the end of the year and worried that I won’t be able to deal with it fully until I return. Should I give PE my temporary address abroad or ask them to wait until after the new year?

Gr1pr

Just ensure that your mail is being collected and checked regularly, with you receiving pictures of any claim form issued by the CNBC in Northampton 

Dealing with it can be done online anyway, as explained in the newbies sticky thread in announcements, plus advice in the defence template thread too 

I don't think that PE via the CNBC will issue papers to a foreign address anyway, but I'm any case you should be getting your mail checked regularly, regardless of who sent it 

dadsma

Unfortunately our home is locked until after Christmas so post cannot be accessed and I am worried about missing the 14 day reply deadline.  I did a dummy run on the new (beta? section of the MCOL website for making claims. It asks for the defendant’s postal and email addresses and it says it will email the defendant to advise a claim has been made against them. Do you know if that includes the claim form itself or is that only available as a posted hard copy?

Coupon-mad

dadsma said:

Thank you.  There are a few days left before the LBCCC timeline ends. I will defend any claim but I am now abroad until the end of the year and worried that I won’t be able to deal with it fully until I return. Should I give PE my temporary address abroad or ask them to wait until after the new year?

Claim forms are posted. DO NOT TELL PEYE YOU ARE ABROAD. Give a trusted friend or relative's address for service (as if you've moved).

Instruct the trusted relative NOT to 'helpfully' panic and pay on your behalf, when they open the post and find a court claim form...

Gr1pr

I agree, email the DPO at Parking Eye with a Data Rectification Notice, changing the address for the service of papers, telling them that they MUST ERASE the old address 

Do not tell them your location, otherwise you could really cause yourself problems regarding a quick default claim to the old address 

In future ensure that post is checked regularly, otherwise council or police notices could arrive with expensive consequences, never mind other authorities etc.  to many people come here with default CCJ s, causing all kinds of expensive issues and paperwork.  Even worse if its official documents that aren't dealt with promptly 

The MCOL system uses post, Parking Eye will use the last known address. N1SDT claim packs come in the post, currently it would arrive to an unmonitored locked up empty address 

dadsma

That shows how easy it is to get misled by assuming what might be the correct course to follow.

So, thinking ahead to a claim.  I have a copy of the parking contract which says PE supply all services free of charge in return for income only from pcn’s plus £10 a time if the hospital orders them to cancel one.

The Dept of Health Parking Principles for NHS Trusts say:

“NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.  Contracts should not be let on any basis that incentivises additional charges, eg ‘income from parking charge notices only’.”

Can that glaring breach be used as part of the defence and does it legally implicate the trust as being jointly responsible for the actions of PE?

Coupon-mad

Yes and yes.

dadsma

dadsma said:

 I have a copy of the parking contract which says PE supply all services free of charge in return for income only from pcn’s plus £10 a time if the hospital orders them to cancel one.

The Dept of Health Parking Principles for NHS Trusts say:

“NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.  Contracts should not be let on any basis that incentivises additional charges, eg ‘income from parking charge notices only’.”

Can that glaring breach be used as part of the defence and does it legally implicate the trust as being jointly responsible for the actions of PE?

Coupon-mad said:

Yes and yes.

I cannot find any forum example defences where this parking contract/NHS Principles conflict has been used.  

Are there any implications for the validity of the contract?

Would the non-compliance with NHS Principles have any implications for the hundreds or maybe thousands of previous pcn’s issued for the Royal Free, Barnet and Chase Farm hospital sites?