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Parking Charge Notice On Derriford Hospital Grounds.
KingWhiskers
post Sun, 20 Oct 2019 - 03:49
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Only ever having had one Parking ticket before from the Cornwall County Council which I paid I have had another from SABA the parking firm that runs Derriford Hospital parking.This is in Plymouth Hospital grounds.
There are a few Disabled parking spaces around the Oncology department that are not in a barrier controlled car park. Otherwise you have to park in a barrier controlled carpark and pay.
There is an area of grass that is off road and behind the pavement that I was able to park on and not being close to any signs that said anything to the contrary I parked on it as all the other spaces were occupied at the time and some of the disabled spaces had been put out of use by building works use.
I was late for an appointment for a magnesium infusion and the distance that I can walk really prohibits my use of the barrier controlled car park really forced me to take this opportunity to park there.
I had seen others parked on this area of grass before without tickets so I tried it and got a Parking Charge Notice.
Breach code 07 - Not parked fully within a marked bay/designated area.


I have appealed it and am waiting to hear back.

I was displaying a Disabled parking Badge for a Tax Exempt vehicle.


Any thoughts on the matter greatly appreciated.
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post Sun, 20 Oct 2019 - 03:49
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The Rookie
post Sun, 20 Oct 2019 - 05:52
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First step is to talk to PALS at the hospital, they have specific guidance not to penalise genuine patients, mention the equality act and making a reasonable accommodation and that they had failed to ensure enough disabled spaces were available and the driver had to take alternative action for the patient.


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KingWhiskers
post Mon, 21 Oct 2019 - 03:15
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QUOTE (The Rookie @ Sun, 20 Oct 2019 - 06:52) *
First step is to talk to PALS at the hospital, they have specific guidance not to penalise genuine patients, mention the equality act and making a reasonable accommodation and that they had failed to ensure enough disabled spaces were available and the driver had to take alternative action for the patient.



Thanks for that, I will look into it tomorrow.

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KingWhiskers
post Tue, 22 Oct 2019 - 18:31
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QUOTE (The Rookie @ Sun, 20 Oct 2019 - 06:52) *
First step is to talk to PALS at the hospital, they have specific guidance not to penalise genuine patients, mention the equality act and making a reasonable accommodation and that they had failed to ensure enough disabled spaces were available and the driver had to take alternative action for the patient.


I got in touch with Pals who got in touch with Saba on site at Derriford and this was their reply.

I can confirm I have shared your email with the Parking Department who have provided the following response:

'The appeal has been rejected and there is nothing that Saba can do to overrule this decision as the driver breached the T&C's for the site and also the blue badge holder rules and regulations.

Kind regards
Mr Birchall, Assistant Contract Manager'

Please accept my apologies we have been unable to help further on this occasion.

So basically ignored the appeal.

It does not actually make it clear in my opinion that the whole grounds are controlled by SABA which is why I have been charged as in the appeal refusal it states,

Thank you for your correspondence in relation to the above Parking Charge Notice.
Saba Park Services Limited operates as an AOS approved operator, in accordance
with the British Parking Association Code of Practice for private parking. When
parking on private land, the onus rests with the motorist to accept and to comply
with the land owners Terms and Conditions of parking.
On the date above, the driver parked the vehicle in breach of the Terms and
Conditions of parking which are displayed at the car park.
Not parked correctly within a marked bay
Having reviewed the photographic evidence which is also attached, the vehicle has
not parked correctly within a marked bay.
If the car park is full, it does not entitle you to park in breach of the Terms and
Conditions and alternative parking / travel arrangements must be made.
By entering and parking in the car park the driver is agreeing to park in
accordance with the Terms and Conditions and it is the customer's responsibility
to ensure they observe the terms and conditions before leaving their vehicle in the
car park. It clearly states the vehicle must be parked in an authorised single bay
or authorised marked designated area. The signage also states a Parking Charge
Notice may be issued if this is not adhered to.
Although I have noted the points in your appeal, your appeal has been rejected due
to not being parked in a marked bay as stated on the terms and condition signage,
in which the blue badge scheme does not apply on private land, in which the
vehicle must park as per the terms and conditions which state vehicles must be in
a marked bay. If you have any problems when trying to find a car park space you
can call our onsite parking shop for assistance.
Having reviewed the circumstances surrounding the issuing of the above Parking
Charge Notice, and having considered your reasons for appeal, our decision is to
uphold the Parking Charge Notice.

I was not actually in a "Car Park" I was at the side of the road parked on grass, clear of any tarmac and pavement.

Thinking I might pay up to save the hassle.

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The Rookie
post Wed, 23 Oct 2019 - 02:04
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Don’t give up easily, PALS are not doing their job, get back to them and ask about the equality act and the guidance, if they won’t play ball go to the hospital CEO, also speak to your MP.

PALS are letting SABA who are EMPLOYED BY THE HOSPITAL dictate terms to the employer, the tail is wagging the dog.

Your not asking PALS to ask for it to be cancelled, your informing them they should be telling their agent to cancel it.

This post has been edited by The Rookie: Wed, 23 Oct 2019 - 02:05


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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Rookies 1-0 Birmingham

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nosferatu1001
post Wed, 23 Oct 2019 - 07:29
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Also, SABA are saying they themsevles are unable to do something entirely within their power
What was that crap abou tht e "blue badge rules and regulations"? Inform them that no such "regulations" apply on private land, so unless theyre claiming this is public land, they need to not misrepresent the legal position to an unrepresented consumer, else trading standards may want a word with them.
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KingWhiskers
post Fri, 25 Oct 2019 - 04:21
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QUOTE (nosferatu1001 @ Wed, 23 Oct 2019 - 08:29) *
Also, SABA are saying they themsevles are unable to do something entirely within their power
What was that crap abou tht e "blue badge rules and regulations"? Inform them that no such "regulations" apply on private land, so unless theyre claiming this is public land, they need to not misrepresent the legal position to an unrepresented consumer, else trading standards may want a word with them.


Questions to PALS

Dear Mr Birchall,
I am very disappointed with this outcome, I thought Saba worked for you?

So if Saba works for you why can they not reverse their own decision.

Under equal opportunities you are obliged to provide for me and at the present time you have removed 3 disabled parking bays from outside the ED and 4 at the bottom of car park B.

Also 2 have been removed from the oncology area as they are now a permanent rubbish stores and another temporarily by building works in the oncology area.

So that makes 10 disabled parking spaces removed from use at this moment in time. I see nothing done about this.

This leaves only 14 disabled spaces at this side of the hospital left out of 24 not an acceptable situation.

I have recently had major bowel surgery, 7.5 hours on the table and am very lucky to alive

My mobility is still very poor at the moment and it was never the best before the operation.

My previous op was in March 2012 when I had a bowel tumour removed and was sewn back up with 4 inches of dead bowel inside me and consequently spent 7 months of 2012 actually in Derriford.

On the day in question I was in for a magnesium infusion in the AAU, you can check if you like.

To be discriminated against by these removals is not fair and this will go to your CEO and my MP.

Also on Google earth this shows as public access and not under Saba jurisdiction as it is not a barrier car park where I was parked so you can see my dismay and confusion over the situation.

So if this is private land Blue badges do not Apply so I am not in breach of use, more misinformation.

Awaiting your reply


Reply from PALS


Thank you for your email.

Derriford hospital provides a large number of disabled parking spaces across the entire site. This includes a full car park entirely for Blue Badge holders (Car Park F) which also has a mobility buggy service. This allows those patients and visitors with reduced mobility to park and be driven safety to the main entrance to the hospital.

We also have a number of free for 4 hours spaces as well as disabled spaces within a number of our other car parks on site. The Trust has also just incorporated a number of Demetria friendly spaces within 4 of our car parks.

There are plans to turn another 12 P&D spaces opposite the temporary MRI Scanner in disabled spaces and this should be completed within the next few weeks.

You are correct that the site is public access and Saba control all parking across the site not just barrier car parks. The position you parked was not a designated parking space or within a car park. When the public drive onto the site there is signage displaying the T&C's for the land on entry and also within the car parks.

You displayed your blue badge on your dashboard as the photographic evidence shows and this would mean you intended to use it for "off street parking" on the site. Page 17 of the Blue Badge scheme T&C's refers to this. As you rightly stated this is private land and the Blue Badge T&C's do also state blue badge holders must follow the landowners instructions and signage and park in a courteous manner.

The letter you received explains this and also gives details of how to appeal the decision using POPLA.


Looks like the end of the road or go through POPLA

Derriford Pals aren't being very sympathetic.
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Half_way
post Fri, 25 Oct 2019 - 06:49
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You did mention the NHS parking principles for staff patients and visitors when you contacted PALs didn't you ?
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KingWhiskers
post Wed, 30 Oct 2019 - 04:54
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I can't be hassled with the aggro over this, it does not do my heart condition any favours so I have paid £25.00 to get rid of it.

Sorry for that but I have more important things to do than get embroiled in litigation and threats from Saba.

Derriford are now reinstating 12 unbarriered free disabled bays, there is probably some legal requirement for this but it is too difficult for me to find out what exactly.

PALS were certainly not very helpful in this matter and took no responsibility for the lack of spaces that Derriford have created.

All in all a poor show from Derriford Management and no compassion whatsoever.

Live and learn, I won,t do it again. Just a bit pi55ed off at not getting away with it when others have been parked in worse positions and longer than me and looked like they had got away with it.

Thanks guys for your replies.

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ostell
post Wed, 30 Oct 2019 - 09:10
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Rattle the cage of the hospital CEO and your local MP
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nosferatu1001
post Wed, 30 Oct 2019 - 09:59
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Send them a bull for £25 for their failure to provide adequate spaces
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