Partner of nervous disposition being chased for an overstay of 1 minute

OneMaccChap

Hi MSE, long time lurker, first time poster.

Will re-read the newbies post before proceeding any further, just want to give an opportunity for input, and a thread to add to the DCBL discontinuation thread (fingers crossed). Here's a quick(ish) backstory, as I don't want to waste anyone's precious time here. All communications until now have been ignored, sans where stated:

1. Partner attends mental health appointment 15/11/22, at a hospital with ParkingEye ANPR. Attends appointment, pays for parking, leaves.

2. Receive PCN from ParkingEye dated 19/11. Timestamp of entry: 12:55:37, & exit: 15:17:17. £70 discounted to £42 for 14 days. Appealed using details on PCN, but denied. Did not further appeal to POPLA.

3. Receive Letter Before County Court Claim from Parking Eye dated 01/02/23. No further appeal received, £70 now due.

4. Receive the following from DCBL (Debt Collection Bailiffs LTD):
- Notice of debt recovery dated 27/03/23 for £140.
- Final reminder dated 17/04/23 for £140
- Final notice of debt recovery dated 16/05/23 for £140.
- Notice of intended legal action dated 12/06/23 for £140
- A year and a half with no correspondence, before receiving another Final reminder letter, dated 18/12/24 for £140. Copy paste job from letter in April, but with the typeface now justified, not aligned left (there's the £70 upcharge right there! /sarc)
- Another Notice of intended legal action dated 13/02/25 for £140. Identical to the June 23 letter, bar the issue date.

5. Receive Letter of claim from DCBLegal dated 14/02/25 (happy Valentines to you too...) for £140. Will postscript my post with this to view.

Here are the facts as I have them:

1. Partner attended a scheduled appointment, and paid for parking in good faith, for 2 hours.

2. Signs at the hospital indicate free parking for 20 minutes (appears to be for drop off only), and separately, "tariffs payable at payment kiosk or by phone on exit."

3. "Time in car park" is stated on the initial ParkingEye letter as 2 hours 21 minutes. This is entry on site to exit, and does not constitute time parked, to do which, additional time was spent finding a space, and on exit, spent in a queue, waiting in line to be snapped by the ANPR.

4. The continued threatening mail is having an adverse effect on my partner's mental health, of which was the reason for her legitimate and parking-paid visit to the hospital.

On a more speculative basis, I don't know the exact space that she parked in, but using good old google street view, it's possible that she didn't pass any signage mentioning a £70 charge. I can see one on the way in that says "No unauthorised parking", but the small print is completely illegible in a moving vehicle.

I know I'm late coming here with this, as there's 2 days remaining to the 30 days given on the latest letter, but I've just now had it open, as she's had it tucked away and ignored to avoid triggering herself with the legal threats.

Find it odd that we've had an LBC from ParkingEye that wasn't followed up (wasn't aware of the recommendations on here at the time, so it was just ignored like the rest), and again now from DCLegal. All the same, I'm looking to take proper action now. Off to read the newbies post again. Here's the redacted LOC, and I've added the PCN too, for reference. Let me know your thoughts. TIA.

Archergirl

Not read it all but I thought the 20 min bit was in and out in 20 min for free  not add 20 mins to your parking time, but I could be mistaken.
 

Coupon-mad

Find it odd that we've had an LBC from ParkingEye that wasn't followed up (wasn't aware of the recommendations on here at the time, so it was just ignored like the rest), and again now from DCLegal.

Normal for PEye. They shy away from hasty litigation at hospital sites.

But last year they signed up to churn a bulk load of mainly older case data to DCB Legal, who have no such qualms. There will be a claim unless you can get the hospital to cancel it sharpish and you may be too late, as that LBC is a month old.

I'd reply today by email, immefiately, asking for a 30 day hold to seek debt advice.

Then use that month to BOMBARD the top banana at the hospital (or the Hospital Trust itself) with angry complaints.

Get your MP to join in with the complaint to support you. Act quickly.

You'd not be too polite: bottom line:

- HOW DARE THEY do this to people attending mental health appointments?

- They are breaching the Equality Act 2010

- They are breaching the NHS Car Parking Principles (read those, you'll see).

Car1980

I'd respond to DCB Legal and ask precisely how long the car was parked for, as the Parking Charge Notice only shows when the car entered and exited the car park.

They won't be able to answer, which can be used as evidence. And it might put them off a court claim.

OneMaccChap

Very useful info that I otherwise wouldn't have considered. Thank you all. 

@Coupon-mad, thanks for the mention of the NHS car parking principles. It does look like there are several failures here.

- Additional charges imposed only where reasonable, and waived where overstaying is beyond control.

- Details of charges/concessions well publicised Inc. In hospital, in letters and on the website. 

Looking further into the published parking info for the trust, they state "We appreciate that our car parks can get very busy and it can sometimes take a while to find a parking space. Parking charge notices will be issued to anyone who does not pay for their parking." As discussed, parking was paid for, delays on entry and exit, were not.

Then follows a list of requests for those parking at their sites; which were all followed, and notice that any PCNs (they refer to them as parking fines) received unfairly should be appealed with Parking Eye (I read that as don't bother us about PCNs). Obviously we're past this stage, as the appeal was rejected.

As per your advice, I shall email requesting 30 days for debt advice, and contacting the trust to make complaint regarding the matter.

In terms of contacting the local MP, we've done this before on other issues and have had some great outcomes. Fair play to the authority around here, our MP does a good job.

Thanks again everyone. Will keep popping in here with replies and if I've any outcomes to share.

1505grandad

Are these the " NHS Car Parking Principles" you have read?:-

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

fisherjim

Also this is a typical PPC honeytrap way of letting people believe that the "20mins free" period is an add on to the paid period it never is.

OneMaccChap

@1505grandad, correct, plus the info for my local trust, as quoted in my last post. Any thoughts on the relevancy to the case of the info from the NHS on parking in our case with DCBLegal?

GrannyKate

Contact PALS first thing Monday - contact details for the Trust will be on their website.  Don't accept them saying they can't cancel it as they can.

OneMaccChap

Evening all. 

On the back of emailing DCB legal the LBC response from the newbies thread template (no reply yet due to the weekend), I've had a thought that's bothered me:

I responded on behalf of my partner and made that quite clear (no reason given as I dont feel her mental health is any of their concern). Will this be an issue, and can they deny the request for 30 days for debt advice on account of the response not being from the "defendant", for want of a better word?

If they don't let her communicate through me a a proxy, she'll just break down and pay them immediately, purely due to her mental health condition.

Thanks again. 

Coupon-mad

Yes they can ignore your email because you aren't the D.  That was silly.  Do it again.

All you had to do was do it 'as her' from your email address. Why are you trying to be her proxy? Just BE HER when writing.