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Hosptial Parking Charge Notice
Russ H
post Tue, 28 Aug 2018 - 12:59
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Good Day All,

We recieved a parking charge notice a few weeks ago, and had planned to respond last week.

The parking fine relates to the car parking at a local hospital during which were there was a medical concern of a new born baby. We were advised to park in the maternity bays by the entrance. The appointment when on alot longer than first thought, but the nurse on duty said not to worry about the parking.

We have now recieved this notice, and have spoken to the hospital and been advised they do not get involved in parking notices but to appeal it.

We are not sure if there is enough merit in the above to appeal it, and was wondering if there were any other clauses they were not abiding with to appeal against.

To note, the car in question is a company leased vehicle. The notice was sent to the company address direct, with no specific person put for attention.
In addition, there were no accompanying documents, such as the signed lease agreement etc, only what is attached here.

Any advicde would be great, although I appriciate I am running out of time and need to get a reponse sent today or tomorrow

Thanks



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This post has been edited by Russ H: Tue, 28 Aug 2018 - 21:03
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post Tue, 28 Aug 2018 - 12:59
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nosferatu1001
post Tue, 28 Aug 2018 - 14:06
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That answewr from the hospital is appalling

Get onto PALS (google it if not sure) and tell them how appalled you are that, having followed the nurses directions to park...
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ostell
post Tue, 28 Aug 2018 - 15:22
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IMPORTANT Edit the post so that the identity of the driver cannot be inferred. Use "the driver......" etc.

As a lease vehicle was the PCN addressed to the hirer or a copy addressed to the leasing company that was forwarded by them?

Glad you pointed out the lack of other documentation. If this is true then the following from your company:

Sirs

Ref PCN xxxxx VRM yyyyyy

We are the hirer/keeper of the above vehicle and are in receipt of the PCN you issued. We have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to us, the hirer keeper..

There is no legal requirement to identify the driver at the time and we will not be doing so. As a body corporate we could not have been driving.

Any further communication with us on this matter, apart from confirmation of no further action, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


Send this so that it arrives 2 days before the period given for a response (22 days?) so that they cannot send out a compliant Notice to hire. Get free certificate of posting from a Post Office

This post has been edited by ostell: Tue, 28 Aug 2018 - 15:24
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Russ H
post Tue, 28 Aug 2018 - 16:54
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Hi

The notice was addressed to the hirer, I.E the company that leases the vehicle

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Redivi
post Tue, 28 Aug 2018 - 18:56
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I think what Ostell means is to delay the appeal until it's too late for ParkingEye to send the copy of the hire agreement as well as the Notice to Hirer
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Russ H
post Tue, 28 Aug 2018 - 21:07
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Thanks Guys,

I think we have already missed the repsonse time (letter dated 3/8/2018, so should have been sent by 25/8/2018). This was due to a family bereavement last week and my mind was else where

Should I still send that letter?

This post has been edited by Russ H: Tue, 28 Aug 2018 - 21:08
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ostell
post Tue, 28 Aug 2018 - 21:21
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Yes, you must send it as soon as you can before they get up to even more mischief
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Russ H
post Tue, 28 Aug 2018 - 21:29
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Thanks, I will send it first class recorded tomorrow morning
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ostell
post Tue, 28 Aug 2018 - 21:51
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Send it first class with a free certificate of Postage from a Post Office.
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Russ H
post Tue, 28 Aug 2018 - 23:04
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Ive never heard of that, is that the same as recorded?
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The Rookie
post Wed, 29 Aug 2018 - 04:38
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No mainly there is no such thing as recorded anymore - it's just signed for, it's a waste of money, signed for is not recommended as they can refuse to sign for it or it's not actually signed for in larger recipients cases. First class with proof of postage is best, it costs no more but proves you sent it.

It doesn't really matter when you reply, the hirer has no liability ever, PE's own timelines are irrelevant.

To be clear who is the PCN actually addressed to? is it in your name or to your (either you own or are an employee of) company?

As above get on to the Patient Advisory and Liaison Service a or escalate to the chief exec, the staff cannot direct you that it's OK to park somewhere and then abdicate themselves from controlling the agent THEY EMPLOYED from chasing you later when you have done so.



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

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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ostell
post Wed, 29 Aug 2018 - 07:25
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When I've used signed for it never gets signed for and hence no proof. Certificate of Posting is free and shows that you have sent something to that address and is assumed delivered 2 working days later.

I say 2 days before the 22 days so that there will be no argument from PE about lateness of response but at the same time making it impossible for them to correct.

The OP said it was addressed to the company.

I agree that PALS and the hospital should be taken to task about their treatment of a "customer".
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Half_way
post Wed, 29 Aug 2018 - 07:42
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You must get back in touch with PALS and remind them of the NHS patient, visitor and staff car parking principles: Rules for managing car parking in the NHS.
see here https://www.gov.uk/government/publications/...king-principles

in particular
QUOTE
Contracted-out car parking

NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

NHS organisations should act against rogue contractors in line with the relevant codes of practice where applicable.

Contracts should not be let on any basis that incentivises additional charges, eg ‘income from parking charge notices only’.

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The Rookie
post Wed, 29 Aug 2018 - 07:51
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QUOTE (ostell @ Wed, 29 Aug 2018 - 08:25) *
assumed delivered 2 working days later.

Not true I'm afraid, the appeal is not a specified document so the Interpretation act doesn't apply. However in a civil case a judge would almost certainly treat it the same way.


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

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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Russ H
post Thu, 13 Sep 2018 - 16:35
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Evening All,

We have now had a reply on this park charge notice following us sending the letter recommended above.

Please fine below

What are your thoughts on this?

Thanks


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This post has been edited by Russ H: Thu, 13 Sep 2018 - 16:38
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ostell
post Thu, 13 Sep 2018 - 17:29
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They're trying to frighten you into paying when they know they haven't go a cat in hells chance of being able to get the money. Notice they are making reference to you as the registered keeper, which you most certainly are not.

A complaint to the BPA about the threatening letters as you haven't named the driver.

Ignore

This post has been edited by ostell: Thu, 13 Sep 2018 - 17:30
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cabbyman
post Thu, 13 Sep 2018 - 18:25
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QUOTE (ostell @ Thu, 13 Sep 2018 - 18:29) *
They're trying to frighten you into paying when they know they haven't go a cat in hells chance of being able to get the money. Notice they are making reference to you as the registered keeper, which you most certainly are not.

A complaint to the BPA about the threatening letters as you haven't named the driver.

Ignore


........this letter, but don't go into general ignore mode. Come back when you next receive something.


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Russ H
post Fri, 14 Sep 2018 - 10:55
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Thanks guys, so just for clarity, should I just ignore this or send some form of response?
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cabbyman
post Sat, 15 Sep 2018 - 10:43
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Ignore this one but come back if/when you get more from them.


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Cabbyman 10 PPCs 0
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