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Kirkmeister
Hi,

In June this year I visited Scunthorpe Hospital on my motorbike. As is usual I try to fined somewhere inoffensive to park, causing no hindrance to others. There are no designated 'motorbike parking' facility at this hospital.
I was stunned to find I had incurred a parking charge for parking in a 'restricted area'. I attach a couple of pics to show where I had left the bike for the couple of hours I had attended.

Its a challenge parking a bike 'legally' in a hospital. If you take up a full parking bay, queuing car drivers pass comment that I should be parked up elsewhere. If you do use a bay, there's nowhere to safely leave you ticket as evidence you have paid.

I respected the 'due process' of appeal when I received my letter from 'Liberty Printers', and of course they rejected it. I then elevated it to POPLA, where after three months they rejected my appeal. They based their decision on the notice at the entrance to the hospital which states that parking is only allowed in designated bays, and therefore everywhere else is 'restricted'.

I did point out that there were no 'restriction' notices anywhere where I had parked, though I did notice faded yellow lines when I moved my bike afterwards. I had not blocked a pathway, caused an obstruction nor deprived them from income by blocking a parking bay.

I'd be grateful as to any thoughts on my next steps. I have not yet heard from the parking company. They will be expecting a payment of £70.
I wonder if challenging this charge on the basis of how they reasonably 'lost revenue' due to my actions would work.
Should I make them an offer?

many regards
David K
Jlc
Was a PCN placed on the bike or initially via post? You mention a tariff? (Did you pay?)

The due appeal process has concluded. The 'lost revenue' angle may not work either following the Supreme Court ruling - although there may be some distinct differences here.
Kirkmeister
Thanks...the notice was stuck to the bikes screen.
I did not buy a ticket on this occasion as I believed I had not left the bike within a designated parking bay, nor caused obstruction.
I have not paid anything to the parking company yet.

regards
David K
Albert Ross
Jug has previously featured on these boards.
The parking Policy is here

5.17 Motor Cycle Parking
5.17.1 The use of motor cycles rather than cars is encouraged and therefore no charge is
levied. All motor cycles should be parked in the designated parking area. Motor
cycles are not required to display a current permit, although they are encouraged to
share their details with the site Car Parking & Security Office.

5.17.2 Securing of motor cycles in areas other than the designated bays where no restriction
to emergency access/egress footpaths, emergency exits, stairwells or other
inappropriate area may be accepted providing parking of such offers no risk. In the
event of a motor cycle being secured or parked in an unauthorised location, this will
be subject to a CPN.


It appears that you have complied with the Policy, although the contractor has acted entirely for their own ends...
The Policy also indicates that the trust can intervene at any point and I would instigate appealing to them now, without mentioning of course that you have been through CPP + POPLA.
Let them know that you are aware of the Policy that is and was in force at the time of Parking and that specific notices in the policy would override a general notice at the entrance to the site.

EDIT:- my bold
emanresu

QUOTE
It appears that you have complied with the Policy, although the contractor has acted entirely for their own ends...


You are being unfair to CPP. The greedy sod** is the person that insisted this clause in the contract.

QUOTE
The company will pay to the client a 50% of all revenue collected upon either at the full or reduced rate



** He is/was the chair of the Healthcare SIG for British Parking Association. This Special Interest Group appears to have sanctioned a number of aggressive court claims against NHS personnel just prior to Xmas. There are going to be a few default CCJ's in early January by all accounts.
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