IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

No spaces available

I tried to park in a hospital car park. There is a barrier at the entrance, you take a ticket and the barrier opens.
When I got into the car park I realised, after driving around the entire car park, that there were no spaces available. The car park had also become grid locked with all the cars also looking for spaces.
I found a location that did not block other vehicles on the end of a line of spaces and parked there. I had an important appointment to attend in relation to my son and had run out of time and could not easily exit the car park due to the number of cars stuck.
My argument is that the car park should not have been allowing cars into the car park when spaces were not available. I could not get out of the car park without paying, so they were effectively making a contract with me to provide parking and were then not fulfilling their side of the bargain.
I have received a fine of £100, reduced to £60 if payed within 14 days.
I am inclined to dispute this, what do you think?
«1

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 11 April 2018 at 11:24AM
    Read this

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

    and complain to PALS.

    It is not a fine, but an invoice for an alleged breach of contract.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,326 Forumite
    First Anniversary Name Dropper First Post Photogenic
    I have received a fine of £100, reduced to £60 if payed within 14 days.
    You haven't 'received a fine'. No parking company can 'fine' you. You do not have to pay this unless ordered to do so in the county court by a Judge.

    Yes, you should very much dispute it. How to do so is detailed in the NEWBIES FAQ sticky, post #1, which includes a ready made appeal for you to copy and paste. Read the sticky post carefully and thoroughly so you fully understand the game you are now caught up in.

    Also take The Deep's advice and contact PALS at the hospital and ask that they assist you in getting this charge cancelled.

    Do not ignore the charge - it needs action by you.

    Which parking company issued this?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • T6hanks for your responses - the issuing company is UKPC (UK Parking control Ltd)
  • Fruitcake
    Fruitcake Posts: 58,222 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Penny027 wrote: »
    T6hanks for your responses - the issuing company is UKPC (UK Parking control Ltd)

    BPA member, so it's worth getting photos of the entrance, and signs around the car park for your PoPLA appeal.

    You really must also complain robustly to PALs as well as your MP and Sir Greg Knight MP. This is the only way to stop this unregulated scam so it is vitally important that every poster contacts their MP.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • peter_the_piper
    peter_the_piper Posts: 30,268 Forumite
    Name Dropper First Anniversary First Post
    Don't these gated entrances have a builtin system that only allows you in if space available, (ours does)?If so then the system was at fault and you did not get what you paid for.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    You never know how far you can go until you go too far.
  • After receiving parking ticket, I contacted the hospital about there being no Full sign on the car park and they told me that "they had been told to turn this off" as cars queuing outside the car park were a problem for ambulances.

    I have now received a reply from UKPC in response to my letter (copied from the standard letter), they have written to the registered keeper and requested the drivers name and address, should I provide this?
  • KeithP
    KeithP Posts: 37,556 Forumite
    Name Dropper First Post First Anniversary
    Penny027 wrote: »
    I have now received a reply from UKPC in response to my letter (copied from the standard letter), they have written to the registered keeper and requested the drivers name and address, should I provide this?

    No you should not.

    Surely you understood that when you read the NEWBIES FAQ sticky thread?
    In particular, this bit:
    - this is why not to name the driver (thanks to The Slithy Tove for this explanation):

    http://forums.moneysavingexpert.com/showthread.php?p=69906180#post69906180
  • Fruitcake
    Fruitcake Posts: 58,222 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Penny027 wrote: »
    After receiving parking ticket, I contacted the hospital about there being no Full sign on the car park and they told me that "they had been told to turn this off" as cars queuing outside the car park were a problem for ambulances.

    I have now received a reply from UKPC in response to my letter (copied from the standard letter), they have written to the registered keeper and requested the drivers name and address, should I provide this
    ?

    Absolutely not, as advised in the NEWBIES that you were asked to read.

    Have you complained again that by turning off the sign they have caused you to receive a PCN by their actions, and therefore the hospital is responsible. Demand that they cancel the PCN as it is obviously their fault.
    Point out that yet again the DVLA have banned UKPC from obtaining keeper data because of their nefarious activities.

    What did your MP say when you complained?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 131,349 Forumite
    Name Dropper First Post Photogenic First Anniversary
    The reason they are more desperate than ever to get the driver's name & address, is that they can't hold you liable as keeper because they are banned by the DVLA, which stops them being able to issue a compliant NTK as per Schedule 4.

    Your case is the same as all other current UKPC ones, and when you get to POPLA stage you will obviously be copying from other recent May 2018 UKPC POPLA appeals that you can search for.

    Your main point will be that you can't be held liable as registered keeper because UKPC are banned and it's impossible for them to issue a POFA NTK without getting registered keeper data from the Secretary of State (DVLA). A pre-requisite of keeper liability.

    If you had come here 2 weeks later than you posted, we'd have told you to ignore UKPC. But beating them at POPLA is just as good and gets the PCN cancelled pretty soon.

    Sit tight, no reply to that desperate letter, wait till you get your rejection & POPLA code.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.1K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards