Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Alfaffa on June 10, 2024, 12:29:22 pm
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Bump.
Can anyone advise on way forward with this one. Thank you :)
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Owner of vehicle received this reply today from PALS.
This Car Park is not managed by our Trust, nor do any of our Car Park attendants carry out any patrols of the parking area or view the machines. We have asked for legal advice regarding this car park to see if they can remove the very misleading signage but have been told there is nothing legally we can do because they have not used the NHS logo.
We have asked for information regarding this to go on our website so people are made aware that this is not a Trust car park and this is in the process of being added.
I can only apologise that there is nothing more we as a trust can do regarding this issue.
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Driver not contacted pals because unware of these guidelines, but they were working a night shift at the time and would normally would just recover parking costs from employer. Driver will try them thank you.
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What have PALS said about cancelling the PCN? Have you approached them yet? Have you emailed the NHS Trust CEO about this?
Have you read this document?
NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts (https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles)
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Link to photos of car park
https://imgur.com/a/ibtl4n8
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The keeper will try to get back later to get some photos of car park. Its a bit of a trek.
The parking only costs £1.00 per hour, hardly as if anyone's gonna risk a £60 fine for that ::)
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The keeper (ie you) have received the letter, not the driver. If you can amend this I will then edit the opening post for you.
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OP, the niceties of Notices to Keeper and PoFA only come into play unless they know the identity of the driver or it is revealed subsequently. And you have.
Pl amend your posts so that the identity of the driver is neither stated nor can it be deduced from the narrative.
Examples: a notice was received by the keeper; the driver parked.
What are the times in the photos embedded in the NTK?
Have asked the moderator to remove OP. Amended version below.
The keeper received parking ticket for an overstay in a hospital car park.
The car park is online or phone only payment.
The driver tried several times to pay on the phone, but they have since changed car since the last time the service was used and there didn't seem to be an option to update car details, it was approx 8:15pm on a Sunday night, driver unsure if there are people working in the call centre at the time, they didn't recall an option to speak to someone to update car details on the phone.
Driver went to website to update car details, spent about 15 minutes faffing about with it and they were under the impression payment had gone through, as it showed the parking cost + the 20p card fee for using the service, didn't get a text message, but driver hasn't used this company in a few years, so is unsure of process, in addition they were escorting a person with mental health difficulties to an appointment and finding managing their behaviour as well as trying to navigate a website stressful enough, and needed to get going.
Driver forgot all about it until today when this letter arrived and they went back to check bank account, as they were going to use the transaction as evidence of payment, no payment has been deducted.
They then tried to access their website to see of there is any record of them attempting to update car details on this night as evidence of attempts to pay and the website will not allow access, or let them register.
Is there anything they can do, or do they need to just suck up the sheer unfairness of this penalty notice.
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Do the images contain timestamps? There's something underneath them but the image upload quality means I can't see what (if anything legible) they say.
Yes. Very small print showing location, date and time on entry and exit.
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I was more meaning that if the images contain timestamps of when the vehicle entered and left the site, the parking company may use this to say that they have stated the period of parking.
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It is only the BPA CoP that mentions digitally or by other means altering images used as photographic evidence. This is an IPC member and so will not have any traction regarding timestamps on images.
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Do the images contain timestamps? There's something underneath them but the image upload quality means I can't see what (if anything legible) they say.
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OP, .....
What are the times in the photos embedded in the NTK?
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The NtK refers to "a period of parking" but only provides a point in time, not a period, for reference. Considering that the PCN was issued for the contravention of "overstayed", there is no reference of any "period".
Defining the full period of stay is more important for an overstay than other breaches of terms, how can the keeper (who wasn't there) appeal an overstay allegation if the times 'from/to' aren't stated and showing the overstay, I think this also breaches PoFA sch4 9.2.c in that it fails to describe "the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;" (My emphasis).
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The NtK refers to "a period of parking" but only provides a point in time, not a period, for reference. Considering that the PCN was issued for the contravention of "overstayed", there is no reference of any "period".
Not that the above will get the PCN cancelled in any appeal to wither the operator ro the equally corrupt IAS, it is a point that would be useful in any defence should this proceed as far as a claim.
Some photos of the signage and general layout of the location would be useful in order to verify or dispute their claim that there is "clear signage in and around the site".
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It would be even easier for us if you could just use the (Share Options) BBCode link like this:
(https://i.imgur.com/7WSKGme.jpeg)
(https://i.imgur.com/mcoAJSw.jpeg)
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Was struggling with imgur,but have now managed to fix.
https://imgur.com/a/zQZqp9x
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No one should be clicking unknown links. Please read this thread and then use the information to figure out how to post an image of the NtK (make sure all dates are visible) using a site such as imgur.com:
READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
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https://imgur.com/a/zQZqp9x
Link to notice
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The keeper received parking ticket for an overstay in a hospital car park.
The car park is online or phone only payment.
The driver tried several times to pay on the phone, but they have since changed car since the last time the service was used and there didn't seem to be an option to update car details, it was approx 8:15pm on a Sunday night, driver unsure if there are people working in the call centre at the time, they didn't recall an option to speak to someone to update car details on the phone.
Driver went to website to update car details, spent about 15 minutes faffing about with it and they were under the impression payment had gone through, as it showed the parking cost + the 20p card fee for using the service, didn't get a text message, but driver hasn't used this company in a few years, so is unsure of process, in addition they were escorting a person with mental health difficulties to an appointment and finding managing their behaviour as well as trying to navigate a website stressful enough, and needed to get going.
Driver forgot all about it until today when this letter arrived and they went back to check bank account, as they were going to use the transaction as evidence of payment, no payment has been deducted.
They then tried to access their website to see of there is any record of them attempting to update car details on this night as evidence of attempts to pay and the website will not allow access, or let them register.
Is there anything they can do, or do they need to just suck up the sheer unfairness of this penalty notice.