barnet hospital - parkingeye court action

shal4 · 1 June 2018 at 2:34PM

hi all,

in february 2017 we did not park car in barnet hospital car park because there was no space available to park. we kept trying to find a space in car park for 45 minutes and then when 14 minutes were left for appointment we had to rush about on roads to find parking space and then frantically ran to hospital to see the specialist. parkingeye had been sending me notices and i explained to parkingeye and POPLA that i never parked and no barriers were there to stop me going into car park etc but they did not listen. now i have been sent court order and need to respond within 14 days. i am thinking this is unfair and harassment and wastage of my time and energy. i read advice on this forum and wrote to PALS and complained to barnet hospital - i did this today after receiving court order. is there anything else i can do to stop this court order? i do not want to pay fine as i never parked there and the practice of allowing patients into car park and then fine if they enter car park is wrong. please help me asap. thanks

Umkomaas · 1 June 2018 at 2:43PM

is there anything else i can do to stop this court order

If PALS can't/won't help (and I wouldn't hold your breath on much assistance there) nothing stops this at this stage short of you paying what PE are asking. You must defend it to avoid a default CCJ.

You must acknowledge service (AOS) to give you a further 14 days to develop your defence. Get the AOS off urgently - but do read the NEWBIES FAQ sticky, post #2 which gives you precise details in how to do the AOS.

You seem quite agitated by all this (natural) so do please read the sticky carefully as to how you complete the AOS, to avoid you making any error in doing so, which could be to your detriment later in the process.

shal4 · 1 June 2018 at 3:31PM

Umkomaas... thanks... i will fill AOS form. i want to know - what legal documents can i use to defend the case effectively. as you can see, PE is wrong here. how in fact to make a counter claim against them and they should be fined and forced to use ethical trading practices? like they should use barrier and only let a car in if there is a space and in fact only fine if someone parks and not just waits there for a car parking space to get free... we did not leave the car at all and were in fact worried about missing appointment. please can you advise?

shal4 · 1 June 2018 at 4:32PM

also, PE is saying i parked in their car park. i did not park car. i was waiting in car to find a parking space for 46 minutes. how can i prove that?
also, what if on boards, PE would have written that none can enter/remain in the car park without buying ticket etc?
no driver has time to read all boards when looking for parking.
how can i defend myself to win please. please help

Redx · 1 June 2018 at 4:34PM

shal4 wrote: »

as you can see, PE is wrong here. how in fact to make a counter claim against them and they should be fined and forced to use ethical trading practices? like they should use barrier and only let a car in if there is a space and in fact only fine if someone parks and not just waits there for a car parking space to get free.

we agree with you , as do the MP,s who are currently dealing with the new Private Parking Bill by Sir Greg Knight

BUT

none of that is going to matter in your court case apart from waiting for a space is not parking and nothing you can do will force this sea change upon them , only the MP,s can do that if they wish to, by regulating the industry

you need to concentrate on your defence, not some moral crusade, no matter how noble the cause , because it wont matter in your court case

nosferatu1001 · 1 June 2018 at 4:37PM

You need to write a defence

You will major on no contract formed - no parkin* took place
You will also say - frustration of contract. Even if staying in the car park is counted as contract being formed, it was immediately frustrated because there was no space to park in

I think it was fistral beach that decided waiting isn't parking

But you can't flail here. You need to show some work on your part. Go to the newbies thread post two and read up on defences. They are a series of ARGUMENTS - not narrative - as to why you are not liable.

As to proving it - witness statement from you plus any one else in the car. Any receipts? Maybe the appointment showing it was just AFTER you left - why would you leave before?

You only have to persuade ON BALANCE you are correct and the court should find in your favour.

System · 1 June 2018 at 6:07PM

As well as dealing with the claim - you don't want to fall foul of the court - go back to PALS and continue to complain/escalate. Don't stop with PALS and move it up if you need to. They will get PE to drop the case for nothing or £60 depending if you were taking the p**s or not.

The car parking administrator's number there is 020 8216 4262 so try that too.

shal4 · 1 June 2018 at 7:09PM

HI , thanks for your help. I emailed complaint department of barnet hospital but they refused saying "I note that the parking charge notice was issues in February 2017, some 15 months ago. Unfortunately CCTV in the hospital and grounds is only kept for 30 days.

Unfortunately I must advise you that, due to the late stage of legal proceedings, the Trust is unable to intervene in this matter. This is a legal matter between ParkingEye, the court and the driver.

I am sorry that we are unable to assist you in this matter.

Yours sincerely

Corporate Complaints Manager – Barnet Hospital
"

i wonder how they can afford to just not take action. i reminded this officer again that this is not matter between me and PE but between hospital and me. but they again refused to help straightaway. i asked them to tell PE to withdraw the case. also, NHS says in its guidelines that:
Contracted-out car parking
NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

shal4 · 1 June 2018 at 7:11PM

also, who else can i complain in addition to PALS please?

may i know whose phone number have you given: parking administrator of whom please? i am grateful for all help received...

nosferatu1001 · 1 June 2018 at 7:16PM

Go back and ask why they, as principal, cannot intervent? They can order their agent at any time, including during court casss. If they demur, ask what legal advice they have taken to come to that decision x was it PE by any chance?

System · 1 June 2018 at 7:29PM

may i know whose phone number have you given:

The car parking administrator's number there is 020 8216 4262 so try that too.

As the title says, she is the Admin person for the car park and works for the Trust. She has the "secret" number for PE and can get these cases cancelled. You just have to push - politely. She has the power so treat her as a friend.

barnet hospital - parkingeye court action

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