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Debt recovery
Clarabelle
post Fri, 21 Jan 2022 - 11:49
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Please be gentle with me; I am struggling with my mental health and putting my head in the sand. I am trying to do something about this now but it may be too late.

My brother has a motability vehicle. It was parked in hospital car park when he was taken to hospital. He is wheelchair-bound and known to the parking attendant. Long story short the parking attendant placed a parking ticket on the windscreen for failure to display a blue badge. My brother doesn't have a blue badge although would be entitled to one as he only leaves his wheelchair when placed in bed. The driver of the vehicle (the vehicle is insured to be driven by anyone over the age of 21 as he is in a care home) approached the parking attendant and explained he had ticketed the vehicle in error. The attendant said he would sort it out and took the ticket. Forward a few weeks and a letter about failure to pay arrived. Several have arrived since. The parking charge date was September 2021. Debtrecoveryplus have now sent a pre-legal action letter. I really don't know what to do. Should I continue to ignore? Any help or advice is appreciated as I can't deal with this by myself.
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post Fri, 21 Jan 2022 - 11:49
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Jlc
post Fri, 21 Jan 2022 - 11:55
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DRP can be ignored.

However, who issued the charge?

Best approach would be to contact the Hospital (PALS - Patient Advice and Liaison Services) to get them to cancel it in the circumstances. Sounds like the Equality Act does apply as Protected Characteristics are applicable.


--------------------
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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nosferatu1001
post Fri, 21 Jan 2022 - 11:56
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Which parking company?

In general debt recovery company's are ignored. They have NO power at all.
However a letter to the parking company, stating that an occupant if the vehicle met the requirements for rwasonabke adjustments under the EA2010 and, by restricting this only to those with blue badges they are discriminating against users who must have access to these spaces.
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Clarabelle
post Fri, 21 Jan 2022 - 12:25
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QUOTE (nosferatu1001 @ Fri, 21 Jan 2022 - 11:56) *
Which parking company?

In general debt recovery company's are ignored. They have NO power at all.
However a letter to the parking company, stating that an occupant if the vehicle met the requirements for rwasonabke adjustments under the EA2010 and, by restricting this only to those with blue badges they are discriminating against users who must have access to these spaces.


The letter says it is Gemini Parking Solutions London Ltd.

When I've queried this in the past I'm told the land is nothing to do with the hospital. I assume under Private Funding Initiatives the land is owned by someone else. I will try PALS and see what they say though.

Thank you both for your advice.
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nosferatu1001
post Fri, 21 Jan 2022 - 12:29
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Try pals, as a first step. See what happens

But, as I said, if that doesn't work you need to get onto the ppc.
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Clarabelle
post Fri, 21 Jan 2022 - 13:08
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QUOTE (nosferatu1001 @ Fri, 21 Jan 2022 - 12:29) *
Try pals, as a first step. See what happens

But, as I said, if that doesn't work you need to get onto the ppc.


I have emailed PALS hopefully they will help. I had a similar situation in the past; again at the same hospital ( the only place the vehicle ever goes) and wrote to the PPC and they essentially said tough however somewhere along the line the parking attendant must have managed to get the ticket canceled. This is why I didn't contact them this time, I hoped the attendant would help, but he's been off sick for an extended period with covid so I think he's had other things on his mind.

Once again thank you for your advice.
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Clarabelle
post Wed, 26 Jan 2022 - 12:28
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PALS came back and said it was nothing to do with them as it's private land; just as I thought unfortunately.

Apart from outlining the facts what should I be saying to the PPC? I'm cognisant of the fact that when I wrote to them in the past (previous ticket) they told me I still had to pay as below.

"After reviewing your appeal we understand your genuine comments, However on the date of contravention the vehicle in
question failed to display a valid blue badge. The terms and conditions of the above location requires all motorists to clearly
display a valid blue badge to validate the vehicles parking. We can confirm that there are clearly displayed signs located
through out the car park to advise motorists of the sites rules and regulations. Please see below for photographic evidence.
Having considered all grounds for the appeal you will understand that sadly we are unable to accept your appeal. You have
now reached the end of our internal appeals procedure and therefore you now have two options: You can pay the total amount
due or you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) within 28 days using
the POPLA Reference code provided. Should you wish to make a second appeal, this can be done through POPLA – the
independent appeals service – at www.popla.co.uk.
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative
dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in
their alternative dispute resolution service. "

This post has been edited by Clarabelle: Wed, 26 Jan 2022 - 12:29
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