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driverkeeper1
I'm very sorry to add another PCN case to the forum, but could not find any examples that seemed to be similar.
I have reached the popla appeal stage for a PCN received after the driver of the vehicle parked in a hospital car park and had not paid. The driver works as a doctor, was at the hospital for teaching and gets their parking ticket refunded. The driver parked in an overflow carpark as there were no spaces, but the ticket machines in this area were not working so they drove off without having paid.
Would the fact that they get their parking ticket refunded be grounds enough to be succesful in the popla appeal - on the grounds of genuine pre estimate of loss / not similar to parkingeye vs beaver case.
I would really appreciate any help the experts on this forum could provide.
nosferatu1001
GPEOL will never, ever work at POPLA

Surely, and this is obvious yes? - surely THE TICKET MACHINES WEReNT WORKING is a big one to throw at POPLE?

You also throw in would have been refunded anyway, and their need to be there was far greater so finding alternative parking was not an option.

He should also have told the hospital to get it cancelled.
driverkeeper1
QUOTE (nosferatu1001 @ Tue, 1 Oct 2019 - 09:27) *
GPEOL will never, ever work at POPLA

Surely, and this is obvious yes? - surely THE TICKET MACHINES WEReNT WORKING is a big one to throw at POPLE?

You also throw in would have been refunded anyway, and their need to be there was far greater so finding alternative parking was not an option.

He should also have told the hospital to get it cancelled.


Thank you for your reply
The issue is the 2 ticket machines weren't working in the additional car park, but there were other ticket machines working at the site.
Unfortunately, the hospital have refused to cancel the fine - they have said they don't have the authority
ostell
Letter of complaint to the CEO if the hospital
nosferatu1001
Is it ehri car park? Then of course they can cancel it
Remind them of their OBLIGATIONS to do so
driverkeeper1
QUOTE (nosferatu1001 @ Wed, 2 Oct 2019 - 08:51) *
Is it ehri car park? Then of course they can cancel it
Remind them of their OBLIGATIONS to do so


Unfortunately because it's a PFI hospital I don't think it is technically their car park, as the PFI provider controls and operates the car park. The private company funds and builds the hospital, but then the trust is essentially stuck with them managing it - on the surface it seems a very poor deal for the trust in the long term.
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