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stuartjw
Our two year old was suffering with breathing difficulties and when my wife took him to the doctors he was referred straight to the hospital. She went straight there and parked in the hospital car park. They recently changed their parking arrangements from a barrier which issued you with a ticket to an ANPR system. We have attended this hospital for many years and parked using the old system on many occasions.

She arrived and there was no barrier, so she entered the car park with a focus on getting our little boy the treatment he needed as quickly as possible. She did not see the ANPR cameras or any signs as you can imagine as she had her mind on other things. It is my opinion that she could not have possibly been expected (given the circumstance) to read, understand and agree with entering into a contract with parking eye.

After spending most of the day in hospital (nearly 6 hours) she left the hospital and the car park and thankfully our little boy was OK after having some treatment.

Not paying was a genuine mistake. She is worried that she will either end up paying the full £70 request or end up going to court and paying more therefore very tempted to pay the reduced invoice for £40. This is what they want I guess.

A few questions if I may:

1. Is the above a pointless appeal as I can sense it is one of sympathy rather than legal standing which is unlikely to receive any compassion.

2. What is the likelihood of losing the appeal and what is the worst outcome if we were taken to court?

3. If we pursue this how should the initial appeal to Private Eye be worded and what do I need to reference? Just the not being a genuine pre-estimate of loss argument? Does it need to include additional information?

4. Not sure if anyone has tried this before but I have been considering in my mind the use of ANPR cameras in hospital car parks, it is grossly unfair to expect people visiting a hospital to read, understand and accept terms and conditions and accept the terms of a contract when they may be visiting sick or dying relatives, taking their children into hospital (like us) or attending to medical emergencies. Additionally by removing physical barriers there is nothing to remind you of your obligations to pay for parking or minor omissions when leaving the car park. Has anyone questioned whether such a system in such an environment is actually fair? Although I am not legally trained I cant help feeling that Parking Eye would not want to defend such a statement as there ability to "police" hospital car parks in future would be jeopardised. In a kind of Undue Influence scenario?

I thank you all for your time and help in advance.

Kind Regards.
stuartjw
I have uploaded the front and rear view of the letter. I am not sure how to link it to the post or get it to show up on the post though. Help.
Albert Ross
You should appeal to ParkingEye who will of course reject your appeal. they will give you a code to appeal to the independant PoPLA, where you will win with the no gpeol and other points. it can seem to be a long and drawn out affair but it kills it.

The appeal to ParkingEye should be enough to let them know that you won't roll over, basically; that they do not have the standing to offer contracts in their own name, that the amount is in terrorem and a penalty that does not reflect the losses that would have flowed from the breach and that ther signage was inadequate to form a contract.

then wait for ParkingEye's swedish forest, explaining why they believe they can.
Have a read of the completed cases section for winning appeals at Popla and parkingeye. Oh but they seem to have given up defending PoPLA.

As to the circumstances of the visit, ParkingEye have no interest whatsoever, But you should complain to PALS (Or similar) about the treatment received when taking an infant to the A&E Dept directly upon the advice of a Dr.
SchoolRunMum
1. Is the above a pointless appeal as I can sense it is one of sympathy - yes it's pointless for PE but useful, as Albert Ross says, for your complaint to NHS 'PALS' (Google them).
2. What is the likelihood of losing the appeal - you will 100% win at POPLA if you use our versions not yours.
and what is the worst outcome if we were taken to court? - you can't be taken to court once you win at POPLA. We have 100% record and PE don't provide any final evidence now.
3. If we pursue this how should the initial appeal to Private Eye be worded - like the one here in the MSE thread I wrote for newbies:

**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

Easily dealt with and crushed - but PALS or the Facilities Manager at the Hospital may cancel it quickly for you in any case. This is a hot topic:

http://www.express.co.uk/news/uk/505984/Ax...rges-demand-MPs

And charging fake 'fines' is the worst sort of parking charge.




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