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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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Colin_S
post Tue, 9 Jan 2018 - 12:46
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Is there any mileage in requesting a copy of the contract between the landowner and the parking contractor?
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eclipse_alpha
post Tue, 9 Jan 2018 - 12:59
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QUOTE (ostell @ Tue, 9 Jan 2018 - 11:56) *
I haven't got the details for contacting the DVLA.


I complained to ccrt@dvla.gsi.gov.uk and they responded from KADOEservice.support@dvla.gsi.gov.uk.
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emanresu
post Tue, 9 Jan 2018 - 13:07
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QUOTE
Is there any mileage in requesting a copy of the contract between the landowner and the parking contractor?


Lots of information here

http://www.porthosp.nhs.uk/about-us/news-a...ure_Log1617.htm


QUOTE
1. Are your carparks managed by a private contractor? If yes, please provide the name of the contractor.

The car parks are managed under the wider PFI Facilities Management Agreement by Carillion Health. Carillion subcontract enforcement to PCP Enforcement Ltd

2. How many parking enforcement tickets were issued in your carparks between 1st April 2015 and 31st March 2016?

The Trust does not hold information on the activities of the enforcement sub-contractor

3. What is the cost of a parking enforcement fine in your carparks?

£60 if paid within 14 days, then £100.

4. How many parking enforcement ticket appeals did you receive between 1st April 2015 and 31st March 2016?

The Trust does not hold information on the activities of the enforcement sub-contractor

5. How many parking enforcement ticket appeals were successful between 1st April 2015 and 31st March 2016?

The Trust does not hold information on the activities of the enforcement sub-contractor


This post has been edited by emanresu: Tue, 9 Jan 2018 - 13:09


--------------------
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 - 15:38
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QUOTE (emanresu @ Tue, 9 Jan 2018 - 10:45) *
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.


Anyone know if Carillion have a contact at the hospital?

Regarding sidestepping the PoFA, the judge can see any video footage and decide otherwise.

This post has been edited by oasis786: Tue, 9 Jan 2018 - 19:30
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emanresu
post Tue, 9 Jan 2018 - 15:53
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QUOTE
Anyone know if Carillion have a contact at the hospital?


You really should spend more time reading and checking than farting around complaining about an issue of your own making

http://www.porthosp.nhs.uk/about-us/polici...ty%20Policy.doc

Seems the CEO of the Trust could have banned the car but chose not to. That might help.


--------------------
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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Jlc
post Tue, 9 Jan 2018 - 15:57
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No need for side stepping if they have complied. Confirm this ASAP. (DVLA in process - also read here for summary of requirements)

There is probably not any video. Although, individual photo's will exist. (Or if they don't then there's angles - as they wouldn't be able to show the DVLA they had reasonable cause to request details)

This post has been edited by Jlc: Tue, 9 Jan 2018 - 15:58


--------------------
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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southpaw82
post Thu, 11 Jan 2018 - 23:41
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QUOTE (emanresu @ Sun, 7 Jan 2018 - 08:13) *
The is a PFI site owned by Carillion

This Carillion?


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


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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ostell
post Fri, 12 Jan 2018 - 08:34
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That's the one
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oasis786
post Fri, 12 Jan 2018 - 09:29
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They've ripped off the public for years and they're still struggling.

Just an update. Emailed DVLA and also written to them to confirm when, by who, and why the driver details have been requested.
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cabbyman
post Fri, 12 Jan 2018 - 14:57
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Bu99er! Water under the bridge now but there is definitely a Carillion office onsite who deal with complaints about food, housekeeping, etc. and, presumably, parking.

I was admitted via A&E at the weekend and there were notices everywhere with an onsite extension number.

EDIT: Website:

http://www.porthosp.nhs.uk/departments/fac...-management.htm

This post has been edited by cabbyman: Fri, 12 Jan 2018 - 14:59


--------------------
Cabbyman 10 PPCs 0
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oasis786
post Tue, 16 Jan 2018 - 05:12
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Still waiting on DVLA.. sent them a letter and also an email to their “foi” email but no response.

Prepared a letter with settlement offer, if DVLA confirms they have requested RK details for each individual PCN.

Now that Carillion have gone into liquidation, is the contract with the hospital PPC void therefore PCNs not valid? Just some wishful thinking!..

This post has been edited by oasis786: Tue, 16 Jan 2018 - 05:16
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emanresu
post Tue, 16 Jan 2018 - 05:36
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QUOTE
Now that Carillion have gone into liquidation, is the contract with the hospital PPC void therefore PCNs not valid? Just some wishful thinking!..


Carillion are gone and any contract is being run by the Official Receiver who can maintain or cancel any contract it wishes. Won't affect past tickets but will affect future ones.

QUOTE
Prepared a letter with settlement offer,


With them gone, any compromise/offer you might have been planning with Carillion is out the window but I don't think you were going to compromise.

IMHO you may be lucky with this one but it will depend on the wording of the letter of authority/contract that Carillion granted the PPC - which you won't see until a few days before the hearing. Squeaky bum 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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MFM
post Tue, 16 Jan 2018 - 08:42
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QUOTE (emanresu @ Tue, 16 Jan 2018 - 05:36) *
Carillion are gone and any contract is being run by the Official Receiver who can maintain or cancel any contract it wishes. Won't affect past tickets but will affect future ones.


Hopefully this will be lost in the unorganised mess that Carillion is(was). If they had countless people on the payroll who were no longer with the company you can only hope there's no way this will be further pursued.
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peterguk
post Tue, 16 Jan 2018 - 08:51
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QUOTE (MFM @ Tue, 16 Jan 2018 - 08:42) *
QUOTE (emanresu @ Tue, 16 Jan 2018 - 05:36) *
Carillion are gone and any contract is being run by the Official Receiver who can maintain or cancel any contract it wishes. Won't affect past tickets but will affect future ones.


Hopefully this will be lost in the unorganised mess that Carillion is(was). If they had countless people on the payroll who were no longer with the company you can only hope there's no way this will be further pursued.


The claimant is Parkshield Collection Ltd, presumably unrelated to Carillion. What is to stop them continuing the claim? Won't they just be recovering monies for the O.R. instead of Carillion?


--------------------
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emanresu
post Tue, 16 Jan 2018 - 08:55
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QUOTE
The claimant is Parkshield Collection Ltd, presumably unrelated to Carillion.


Yes to the Claimant but no to "unrelated" as Parkshield only derive their own standing via the authority granted to them by Carillion.

QUOTE
it will depend on the wording of the letter of authority/contract that Carillion granted the PPC - which you won't see until a few days before the hearing. Squeaky bum 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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peterguk
post Tue, 16 Jan 2018 - 09:00
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QUOTE (emanresu @ Tue, 16 Jan 2018 - 08:55) *
QUOTE
The claimant is Parkshield Collection Ltd, presumably unrelated to Carillion.


Yes to the Claimant but no to "unrelated" as Parkshield only derive their own standing via the authority granted to them by Carillion.

QUOTE
it will depend on the wording of the letter of authority/contract that Carillion granted the PPC - which you won't see until a few days before the hearing. Squeaky bum time



OK. So any benefit/liability within the authority/contract doesn't automatically pass to the O.R.?


--------------------
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Churchmouse
post Tue, 16 Jan 2018 - 10:40
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QUOTE (peterguk @ Tue, 16 Jan 2018 - 08:51) *
QUOTE (MFM @ Tue, 16 Jan 2018 - 08:42) *
QUOTE (emanresu @ Tue, 16 Jan 2018 - 05:36) *
Carillion are gone and any contract is being run by the Official Receiver who can maintain or cancel any contract it wishes. Won't affect past tickets but will affect future ones.


Hopefully this will be lost in the unorganised mess that Carillion is(was). If they had countless people on the payroll who were no longer with the company you can only hope there's no way this will be further pursued.


The claimant is Parkshield Collection Ltd, presumably unrelated to Carillion. What is to stop them continuing the claim? Won't they just be recovering monies for the O.R. instead of Carillion?

If it is like most other PPCs, the Claimant was only ever "recovering monies" for itself, not to turn them over to Carillion.

--Churchmouse
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oasis786
post Thu, 18 Jan 2018 - 12:25
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I've received the info from DVLA.

In total they have sent 16 x V888/3 keeper request forms to DVLA. Two of these are not even at the local hospital and are at a hospital somewhere in Liverpool (Where I've never been) - So 14 in total at the alleged location.

Some of the copied request forms have "SD x 8" and "SD x 10" on. Not sure what this means, but can one V888/3 form be used to request details for multiple PCNs? Or do they need to submit one form per PCN?

This post has been edited by oasis786: Thu, 18 Jan 2018 - 12:33
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nosferatu1001
post Thu, 18 Jan 2018 - 12:41
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Theyre supposed to be using the electronic link, so the fact theyre not smells slightly
No idea what x8 and x10 menas, however they can only specify ONE date they want the details for, and EACH PARKING EVENT must be applied for seperately. Written into POFA, so law not something optional IF they want to hold the keeper liable.

16 (14) is less than 36, THEREFORE they cannot hold the keeper liable for the ones they DID NOT apply to the DVLA for. You should work that out as best you can, to work out how many they can *potentially* hold you liable for. You then work out if you were driving or not and when, as best you cna, giving as much info as possible to support your assertion.

Then go with a reduced offer, pointing out you are not the correct defendant in at least 20 cases, that they applied for your details UNLAWFULLY in at least 2, as your vehcile was never at the site claimed, and so on.
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Jlc
post Thu, 18 Jan 2018 - 13:14
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PoFA Schedule 4 11(1) (a) says 'the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper’s details in relation to the period of parking to which the unpaid parking charges relate'.

It doesn't have to be via electronic link but there has to be a request for each event (along with the date) to get the keeper at the date of event (KADOE). The DVLA also like their £2.50's.

The keeper could change at any point - which is why a request per date must be made.


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