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PCN private ticket, Parking eye
Ncookie
post Mon, 16 Sep 2019 - 08:58
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Hello
could I please kindly request your assistance with this private parking fine
It was at a hospital and I understand the rules of waiting and dropping limiting to 20mins
If you can lay out all possible options to fight this case and avoid penalty fine please
Kind regards

https://ibb.co/5ktZPyF
https://ibb.co/2YQM1St

If further information is required please let me know
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post Mon, 16 Sep 2019 - 08:58
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Jlc
post Mon, 16 Sep 2019 - 09:04
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QUOTE (Ncookie @ Mon, 16 Sep 2019 - 09:58) *
It was at a hospital and I understand the rules of waiting and dropping limiting to 20mins

Without knowing why the driver stayed for 1 hr 44 mins it's hard to comment further.

They will almost certainly issue a court claim. They will reject any appeal you make and POPLA won't help you from what we know so far.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Ncookie
post Mon, 16 Sep 2019 - 09:15
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Hospital appointment to last 20 mins or less
I was struggling to take all 3 small children with me as a single parent - who has difficulty with mobility
There was a delay in being seen on time a long wait at the hospital clinic and could not get back to move the car with three small children whilst in clinic. The clinic session lasted once I was seen lasted longer than expected on top of the waiting delays. Nobody was in the car.
I have heard that private parking fine can't legally take to court and usually send out few forwards urging to pay fine and then they stop altogether?
Is there no way of avoiding this fine?
For example if they are breaking law with 28 days grace response time and other discrepancies in their terms and conditions, loop holes to make an appeal
I'm happy to make an appeal which gets rejected but does court actually go through and with what type of evidence


I have previous experience of council fine from harrow borough - which after an appeal got cancelled - the fight was based on their regulations even though the mistake was mine.
Regards
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ostell
post Mon, 16 Sep 2019 - 09:36
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Yes they do take matters to court, especially PE. And PE usually get the format of the notice correct.

Your best bet is to put in a complaint to PALS at the hospital and mention all the delays caused by the hospital,
https://www.royalfree.nhs.uk/contact-us/pat...n-service-pals/

If that fails then you aim at the CEO of the hospital

Of course the zone was a drop off zone, hence the quite generous 20 minute limit. The limit is to allow more people to use the drop off/pick up facilities. You were not using it as that, rather as part of a normal car park. It's no surprise that you got the charge. Yes it's harsh but I had difficulties last week caused by people doing exactly what you did when I visited the local hospital and had to drop off a patient with a wheelchair and couldn't get close to the entrance because of long staying parkers.

What do the signs in the area say?

It's not a fine, merely an invoice.

This post has been edited by ostell: Mon, 16 Sep 2019 - 09:46
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Jlc
post Mon, 16 Sep 2019 - 09:53
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QUOTE (Ncookie @ Mon, 16 Sep 2019 - 10:15) *
I have heard that private parking fine can't legally take to court and usually send out few forwards urging to pay fine and then they stop altogether?
Is there no way of avoiding this fine?

Private parking charges are very much enforceable. Many do ignore them and indeed nothing happens but ParkingEye do issue court claims in large numbers.

QUOTE (Ncookie @ Mon, 16 Sep 2019 - 10:15) *
For example if they are breaking law with 28 days grace response time and other discrepancies in their terms and conditions, loop holes to make an appeal
I'm happy to make an appeal which gets rejected but does court actually go through and with what type of evidence

There are requirements in the BPA's Code of Practice but it will be difficult to distract from the fact you parked in a drop off area - the predominant reason for the regime.

You can try the hospital's PALS but they may not be sympathetic.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Ncookie
post Mon, 16 Sep 2019 - 21:40
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Involve has been sent to the owner of the car
Who was not infact driving the car
I have heard that no information regarding driver needs to be disclosed to parkingeye?
If I write it might alert attention.
If I ignore it might just go away, if not then I'll be receiving a few more invoices before they decide to take to court
Could wait and see rather than creating any unwanted attention
Regards

Also read the following on another site - what are your thoughts?
"You COULD send the letter, and state clearly that you consider any future correspondence, other than confirmation that the ticket has been cancelled, as harassment and you will consider taking appropriate action against them and the car park owner [do you know who this would be?].

Then cc it to the car park owner.

That way, if they do continue to hassle you, you would have every right to issue a claim for harassment."
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mic-hael
post Mon, 16 Sep 2019 - 22:57
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I think your apathy and ignorance to the facts will ultimately end up with a visit to court, listen to what these learned folks are telling you, and dont think if you ignore it will go away
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nosferatu1001
post Tue, 17 Sep 2019 - 07:53
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Youve already been told that they can hold the keeper liable, as they usuallly get this right.
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Jlc
post Tue, 17 Sep 2019 - 08:06
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QUOTE (Ncookie @ Mon, 16 Sep 2019 - 22:40) *
If I ignore it might just go away, if not then I'll be receiving a few more invoices before they decide to take to court

Unfortunately PE seem to take many hospital cases to court. Should it go to court they will raise a claim for £175 and you would also be liable for the hearing fee (£25) if it goes that far.

QUOTE (Ncookie @ Mon, 16 Sep 2019 - 22:40) *
Also read the following on another site - what are your thoughts?

It's hogwash.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Redivi
post Tue, 17 Sep 2019 - 09:12
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Do we know for certain whether this particular hospital parking contract includes the authority to take legal action ?

This won't be easy to defend because there was never any chance that the OP would return within 20 minutes

If the OP has mobility problems, a disabled area would have been a much better option

What does anyone think of a strategy of damage limitation such an offer to settle for £40, or pay by instalments ?

ParkingEye makes a loss on cases that proceed to a hearing so it's often prepared to accept low offers

Its costs to date would be easily covered by the offer - £2-50 for the OP's details at the DVLA, £5 for stationery and stamps, £15 to issue the claim

The Legal Representative Fee £50 is an artificial cost because she's a full time employee but very profitable
I looked at the accounts for one year and she was the difference between profit and loss for the company




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