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BP67
Wondered if anyone has any advice please.

I parked in a hospital car park operated by Parking Eye whilst taking my partner to an appointment. I have used this car park several times previously with no problem. On exiting the hospital we discovered none of the ticket machines were working so we were unable to pay with coins as we normally do. I read the PE signs and rang the number on the sign to attempt to pay over the phone. However when I was prompted to enter the number of the site as listed on the sign, it confirmed a completely different location to where I was! I'm pretty sure I did this twice to double check. Therefore I did not complete the payment as I thought I would be logged as parking at the incorrect location, which would probably cause me to get a parking fine.

I then texted my registration number twice to the text number given on the sign and received a message back saying thank you for registering.

I did not really know what else I could do at that point, so exited the car park feeling I had done everything possible to try and pay, and also feeling very stressed and annoyed.

This was on 3rd February and It wasn't until yesterday 3rd March that I received a notice of a £70 fine from Parking Eye which was dated 11th February. Therefore I only have until 9th March to pay the fine. I am pretty annoyed as I tried to pay at the time but found the whole pay by phone/text process confusing and frustrating.

I would imagine several,people have been affected by this, there was an elderly couple who came out after us who I'm guessing probably didn't have any other means of paying other than coins, so they have probably ended up with a fine too.

Any advice would be appreciated. Many thanks.
Lynnzer
Which hospital?
I know their usual hospital car park system. You park and generally have a 20 minute free period between entering the car park and leaving: not being parked.
If you go over this you are required to enter your details in their machine and make the appropriate payment when you are ready to leave. There's no facility to make payment prior to an excess of over 20 minutes so you have to wait until you leave.

So for your part, you have followed the proper procedure but PE have failed to allow payment for parking at the actual place you were in.

In my opinion they have breached the terms of the KADOE Contract they have withthe DVLA to obtain your personal details as they have no reasonable cause to access them in this case. That amounts to a breach of the Data Protection Act too which you could claim damages for. Current amounts vary between £250 to £750. It's up to you to decide on the amount.

That aside, you must complain to the NHS Trust about this. This situation will reflect onto all sorts of other visitors to their site. They also have the means to kill this ticket.

Speak with the PALS office at the hospital.
ManxRed
Edit your first post and refer to the driver, as 'the driver'

Do not pay. Do not admit to Parking Eye who was driving.

1. They have failed to meet the criteria of Schedule 4 of the Protection of Freedoms Act 2012 that enables them to hold the Registered Keeper liable for the driver's supposed breach of contract (legally, this is what they are trying to charge you for). If no windscreen ticket was left on the car, they have 14 days with which to serve the registered keeper with the notice to keeper. They are WAY outside of this timeframe. Their issue is with the driver, you are under no obligation to name them.
2. There has been a frustration of contract. Circumstances beyond the driver's control (but perfectly within theirs) prevented the driver from complying with the terms and conditions of their contract (the contract is the signs on display).

Contact PALS and complain. Stick an appeal into PE mentioning the above two points.
BP67
Thank you both for,your comments and advice, much appreciated. I will lodge an appeal and contact the PALS office at the hospital. Many thanks smile.gif
ostell
And as advised edit the first post. They do read the forums, and present them in court.
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