Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: kellydose on October 18, 2024, 02:06:45 am
-
Evening all, I’d just like to say thank you.
I was able to get the PCN cancelled through PALS :)
They did say reiterate that they accommodate BB parking for up to 4hrs, but understood the circumstance.
-
Which bit about the "mandatory elements" of the NHS Trust car parking guidelines is not understood here?
Disabled people
A disabled person is a holder of a valid Blue Badge attending hospital as a patient or visitor or is a disabled person employed by the hospital trust.
Disabled patients and visitors receive free parking for the duration of their attendance at, or visit to, the hospital. Disabled employees receive free parking while at the hospital for purposes relating to their employment.
Which bit about being charged £100 for parking as a BB holder in the hospital car park is beyond comprehension?
-
OP, are you the registered keeper with current DVLA details?
The car was parked at ? and left at ?
IMO, you'll need to beef-up any approach to PALS with persuasive facts. The NHS Guidance is not a chancer's charter which absolves any driver from breaching on-site restrictions and you'll need to show why you should be treated exceptionally because of the circumstances.
-
You haven't receive a Notice to Keeper (NtK). What you have shown us is a Notice to Driver (NtD).
If CPP want to hold the Keeper liable because they have no idea who the driver is, they must fully comply with all the requirements of PoFA. One of those requirements is that they must not request the Keepers details from the DVLA and send an NtK before 28 days have passed since the alleged contravention. Also, the NtK must not arrive any later than 56 days after the contravention.
It is possible that CPP may not want to rely on PoFA at all in which case, it's a guaranteed win for the Keeper as long as the drivers identity is nt revealed inadvertently or otherwise.
For now, you are getting on with Plan A which is trying to get PALS to cancel the PCN. If/when the NtK arrives, we will look at it and decide whether PoFA has been fully complied with.
-
I’ve sent an email out and will update when they respond.
What is the reason behind not responding to NtK? Is there a link to an explanation.
I’m just worried due to timing and I have another parking incident to resolve.
-
You can give it a go but I'd also attach a copy of the NtD and either a link to or a print out of the NHS Trust Parking guidelines.
I also advise emailing the Trust CEO directly.
-
Thank you @b789. I also did notice that I was given the ticket only after 2 minutes, is this of relevance? They had photographed the vehicle 5 hours prior.
I would like to send the following to PALS:
Dear Sir/Madam,
I am emailing you regarding a PCN notice ref. XXX/XXX issued by Car Parking Partnership on 24/09/2024. The vehicle displayed a Blue Badge and the ticket was given for exceeding the maximum stay in a blue badge bay on Caldecot Road.
I am in request for you to arrange the cancellation of this parking ticket with your agents because a person in the vehicle was admitted into A&E on this day and the NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts sites the mandatory element of free parking for disabled visitors or patients for the duration of their attendance at the hospital.
I look forward to the prompt resolution of this matter.
Kind Regards,
kellydose
-
Go to PALS and show them “mandatory elements from this guidance:
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)
I also suggest you find out the name of the NHS Trust for the hospital and submit a formal complaint. Always start at the top of the management food chain.
Do not attempt to appeal a PCN that is issued as a Notice to Driver (NtD). Always wait for the Notice to Keeper (NtK) to be sent which must be given no earlier than 28 days after the event and no later than 56 days.
-
(https://i.ibb.co/ZWsLYhX/UPEFAw8.jpg)
-
You’ve only shown us three identical images of the first part of the Notice to Driver (NtD). Can we see the rest of it please.
-
(https://i.ibb.co/F4zS8pn/IMG-1841.jpg)
-
PCN attached
(https://i.imgur.com/2gNcuKB.jpeg)
-
PALS is always the first port of call.
-
Thanks @DWMB2 - I have updated the post and will add a photo shortly.
-
To help us help you, please read the following thread carefully, and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
The guide includes advice on using a third party site to add images.
-
Hi all,
I have a parking ticket from CPP and today marks day 25 from issue.
Contravention was the driver overstayed blue badge parking due to a hospital admission. Blue badge and time clock were displayed.
The vehicle is in my possession through a PCP finance agreement. I have had issues with postal PCNs going to the wrong address recently.
Do I still have enough time to send the details to PALs and request a cancellation? Or do is it best to appeal directly to CPP before day 29?