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Over £3.5k Claim, Help appreciated!
oasis786
post Sat, 6 Jan 2018 - 17:54
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Hi everyone,

Having visited the hospital every day for around 18 months, I have paid for many many tickets at QA Hospital in Portsmouth.

If anyone has visited here, they will know the parking is a nightmare. Friends also used the car in question very frequently and to cut a long story short, I didn't get any of the mail until recently I got this letter..

https://s14.postimg.org/s2decjyc1/IMG_8787-blank.jpg

Would love some help with this and what route to take. The Carillion attendants here really have it in for me. Ticket the car within a few minutes now. There was actually one time where I dropped somebody off and the attendant blocked me from leaving. I was in the driver seat the whole time and the car was always running. The attendant then threw the ticket through the window at me and told me to have a nice day!

Thank you in advance

This post has been edited by oasis786: Tue, 9 Jan 2018 - 12:59
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post Sat, 6 Jan 2018 - 17:54
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oasis786
post Mon, 8 Jan 2018 - 00:37
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PCN copy is on post #25

http://forums.pepipoo.com/index.php?s=&...t&p=1344879

Will get sign photo tomorrow and try to get a copy of a letter.
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ostell
post Mon, 8 Jan 2018 - 09:08
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OK have you got a Notice to keeper to post up? This could be a get out.

Parkshield are named on the signs I saw last night but these were in the disabled bays and there were no conditions other than "See the conditions", but these were nowhere in sight. I thought that originally PE were the operators there.
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nosferatu1001
post Mon, 8 Jan 2018 - 09:10
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OK, "some" does not help you!

Be. Precise.

Start collating what NtK you do have (please dont say you threw them away....) as it will be key to see if they ahve actually met the requirements of POFA to hold YOU liablle EVEN THOUGH you did not drive on every occasion.

For EVERY time you did not drive, work this out. Put a date to it. You then state, for those where you DO NOT have a NtK, that they cannot have met POFA2012 requirements as you never recieved a NtK, and therefore YOU as keeper are not liable. For those instance(s) where no parking occurred, agai n, get dates

You have to put together a timeline.
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oasis786
post Mon, 8 Jan 2018 - 10:59
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QUOTE (nosferatu1001 @ Mon, 8 Jan 2018 - 09:10) *
For EVERY time you did not drive, work this out. Put a date to it. You then state, for those where you DO NOT have a NtK, that they cannot have met POFA2012 requirements as you never recieved a NtK, and therefore YOU as keeper are not liable. For those instance(s) where no parking occurred, agai n, get dates

You have to put together a timeline.



Unfortunately any NTKs sent to me were thrown away. I could probably figure out the days I was not the driver however.

How would they know if I received a NTK for every ticket? All letters were sent 2nd class.

This post has been edited by oasis786: Mon, 8 Jan 2018 - 11:20
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ostell
post Mon, 8 Jan 2018 - 11:46
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They would assume that the NTKs they sent would have been delivered. This is why you need to query it with them now to narrow the issues. Request copies of the NTKs they will be relying on.

How about contacting The News ? I can just imagine the headline "QA fine relatives for visiting dying family member". You get the idea, it could invoke a rapid response by the hospital. It would look well with the rubbish report they got lately.

This post has been edited by ostell: Mon, 8 Jan 2018 - 11:47
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unicorn47
post Mon, 8 Jan 2018 - 13:36
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It would be worth contacting the DVLA to see if they actually applied for your details for all 36 PCN's. Non compliance with POFA 2012 issues.

Did you park in a regular Pay and Display car park. The reason for issue was "failing to display a valid permit", which would suggest you parked in a staff car park.

If you parked in a P&D car park then the issue should have been "failing to display a P&D ticket.

Do they have any photo evidence of each event. Of all the NTK,s issued by this PPC i have found online, none include photos.

Attachment included

Clause 6.11 does not include "failing to display a valid permit"

This post has been edited by unicorn47: Mon, 8 Jan 2018 - 13:39
Attached File(s)
Attached File  Parking_Control_Security_Policy.doc ( 465K ) Number of downloads: 15
 
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ostell
post Mon, 8 Jan 2018 - 18:02
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There is another thread running which has PCP Enforcement as the company esconced at QA a shile ago ( I thought it was PE). This info came via a FOI requst to the Trust. This thread http://forums.pepipoo.com/index.php?showto...40&start=40

If your original NTKs were from another company, or the signs were, then another company should not be instigating court proceedings.
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Jlc
post Mon, 8 Jan 2018 - 19:21
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QUOTE (unicorn47 @ Mon, 8 Jan 2018 - 13:36) *
It would be worth contacting the DVLA to see if they actually applied for your details for all 36 PCN's. Non compliance with POFA 2012 issues.

Definitely - if they are seeking such liability then they have to access the DVLA every single time. (The DVLA like their £2.50's and, oh, it's a statutory requirement for keeper liability)

This post has been edited by Jlc: Mon, 8 Jan 2018 - 19:21


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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oasis786
post Mon, 8 Jan 2018 - 20:35
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QUOTE (Jlc @ Mon, 8 Jan 2018 - 19:21) *
QUOTE (unicorn47 @ Mon, 8 Jan 2018 - 13:36) *
It would be worth contacting the DVLA to see if they actually applied for your details for all 36 PCN's. Non compliance with POFA 2012 issues.

Definitely - if they are seeking such liability then they have to access the DVLA every single time. (The DVLA like their £2.50's and, oh, it's a statutory requirement for keeper liability)


Thank you for this.

Spoke to a solicitor today (at the lovely cost of £120 for 30 minutes) who recommends settling out of court and going the sympathy route, and hoping they accept less.

They even got my name wrong on the PoC - Let's say my name is Mr John Smith, they've listed it as Mr Smith John! rolleyes.gif

To top it off they've put my registration wrong! They've put the 2 numbers in the middle (09) as the letter O and the number 9 (O9)

I take it mistakes like this can be rectified from their end?
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ostell
post Mon, 8 Jan 2018 - 20:45
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You've found a solicitor that can't have handled many pafking cases. Sympathy is an unknown concept for parking companies.

Get on to The News and see if they can elicit some sympathy, but do it quick.
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peterguk
post Mon, 8 Jan 2018 - 20:48
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QUOTE (oasis786 @ Mon, 8 Jan 2018 - 20:35) *
They even got my name wrong on the PoC - Let's say my name is Mr John Smith, they've listed it as Mr Smith John! rolleyes.gif

To top it off they've put my registration wrong! They've put the 2 numbers in the middle (09) as the letter O and the number 9 (O9)


Neither error is of any consequence.


--------------------
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oasis786
post Mon, 8 Jan 2018 - 21:15
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Contacted CEO at QA Hospital, let's see what he says. As "landowner" I understand they can settle this?

Going to speak to PALS tomorrow.

This post has been edited by oasis786: Mon, 8 Jan 2018 - 21:15
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ostell
post Mon, 8 Jan 2018 - 21:30
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Might as well start at the top and let the kicking go downward. The moment you get a refusal straight on to The News.
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oasis786
post Tue, 9 Jan 2018 - 09:18
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QUOTE (unicorn47 @ Mon, 8 Jan 2018 - 13:36) *
It would be worth contacting the DVLA to see if they actually applied for your details for all 36 PCN's. Non compliance with POFA 2012 issues.


QUOTE (Jlc @ Mon, 8 Jan 2018 - 19:21) *
Definitely - if they are seeking such liability then they have to access the DVLA every single time. (The DVLA like their £2.50's and, oh, it's a statutory requirement for keeper liability)


Photo of the sign: https://s14.postimg.org/6pfrjtrdr/IMG_8851.jpg


Just spoke to the DVLA, they wouldn't tell me over the phone how many times the keepers details have been requested. They need me to fill up a form, send ID, and request the info.

How would this change things if say for example, they only submitted one form for the keepers details? Couldn't they just go ahead and submit more forms for a new claim?

Also meeting with PALS tomorrow. Just exploring all avenues before I make them a settlement offer. Completely unsure of what this should be.

This post has been edited by oasis786: Tue, 9 Jan 2018 - 09:55
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nosferatu1001
post Tue, 9 Jan 2018 - 09:53
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They MUST obtain RK details FROM THE DVLA *every* *single* *time*. If they did not, they CANNOT claim the Keeper is liable for that event. The POFA 2012 Schedule 4 limits teh time period they can do this - for a PCN stuck on a car, tehy cannot acce before 28 days and after 56 days if they want to claim the keeper is liable. This is certain. Do not query this point.
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oasis786
post Tue, 9 Jan 2018 - 10:05
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QUOTE (nosferatu1001 @ Tue, 9 Jan 2018 - 09:53) *
They MUST obtain RK details FROM THE DVLA *every* *single* *time*. If they did not, they CANNOT claim the Keeper is liable for that event. The POFA 2012 Schedule 4 limits teh time period they can do this - for a PCN stuck on a car, tehy cannot acce before 28 days and after 56 days if they want to claim the keeper is liable. This is certain. Do not query this point.


Thank you! Better get filling up that form then!
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nosferatu1001
post Tue, 9 Jan 2018 - 10:08
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Theyre not asking you to send a V888 are they?

I thinkOstell or similar have a letter to send and where to send it to. Takes them around 2 weeks or so, on average.

You have acknowledged the claim to give you the max time yes?
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emanresu
post Tue, 9 Jan 2018 - 10:45
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QUOTE
Contacted CEO at QA Hospital, let's see what he says. As "landowner" I understand they can settle this?


It's PFI so they are not.

You've also put enough information here to identify you to anyone from the PPC to identify you and you have confirmed you knew you were visiting a P&D and failed to take enough change to pay when you got there.

You'll also have been well aware of a) the signs and b) the penalties for breaching the rules but despite that you continued to collect tickets directly and indirectly as keeper.

QUOTE
Spoke to a solicitor today (at the lovely cost of £120 for 30 minutes) who recommends settling out of court and going the sympathy route, and hoping they accept less.


You also have this advice here for free.

Suggest you get your head straight on this one, and see Carillion about the issue. A trip to the court is going to be very, very expensive. The judge can sidestep POFA and decide you were driving each and every time.


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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oasis786
post Tue, 9 Jan 2018 - 11:48
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QUOTE (nosferatu1001 @ Tue, 9 Jan 2018 - 10:08) *
Theyre not asking you to send a V888 are they?

I thinkOstell or similar have a letter to send and where to send it to. Takes them around 2 weeks or so, on average.

You have acknowledged the claim to give you the max time yes?


Yes they are asking for a V888.

Yes the claim has been acknowledged.

This post has been edited by oasis786: Tue, 9 Jan 2018 - 11:50
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ostell
post Tue, 9 Jan 2018 - 11:56
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I haven't got the details for contacting the DVLA.
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