Free Traffic Legal Advice

Points taken.

The initial letter is not available, due to the timescale.

The driver at the time can be unwell for months at a time, and the keeper does not recall such a letter, or it might have been discarded as spam mail.

Thank you so much for this information, it really is appreciated

In January this year, a driver with a blue badge (Cannot visit unfamiliar places alone, due to mental health via personal independence payments score) had an appointment at Oldham hospital. The driver is from another town and unfamiliar with the hospital. Unfortunately, the driver had no support that day and had an appointment that was urgent.
 
The driver attended the appointment, but could not find a parking spot as all disabled parking places were taken up and also normal parking places. This hospital is notorious for issuing tickets whilst not having enough parking spaces for attendees.

The driver found a parking spot on a cross hatch in front of a gritting bin. The driver displayed the blue badge in the window and also paid for parking and displayed a ticket in the window. The car was not blocking vehicles from entering or leaving the car park.

On return to the car the driver noticed a parking ticket on the window of the vehicle. The parking attendant was still on the car park, so approached him and asked why a ticket had been issued. The attendant said he was parked on a yellow line. The driver asked what the yellow lines where and meant and the attendant could not identify the correct name (Cross Hatch). The driver told the attendant that he was not familiar with the hospital and was not supposed to visit unfamiliar places without support and became anxious that there were no available parking spaces and that is why there was a blue badge on display, and they did not know what else to do due to fear of missing a very important appointment.

The driver noticed that the attendant had ticketed around 20 vehicles, some who had not paid and others that had notices in the window saying, “waiting for permit”.

Due to the driver not having the correct support most of the time, they have buried their head in the sand and has now started receiving letters from debt collectors. Not contact has been made to anybody as far as I am aware, and I am just looking for advice on how to now help the driver resolve this situation.

By rights no appointment should have been made without perhaps assistance from the hospital or even an ambulance pick up service given it was out of town. The trouble is there is no communication between the driver, doctors or hospital. From what I understand even the drivers doctor possibly does not even know a blue badge was issued due to the personal independence award.

The driver is unwell with PTSD and winter is the worst time of year for being able to function correctly on a daily basis.

Thank you   

Again, i am appreciative of all your relies.

So, i appealed the parking charge, and this is what i got back from Park with Ease.

Appeal: Were you the keeper : Yes
Were you the driver : No

I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so. As there is no obligation for me to name the driver, I will not be doing so. I am therefore unable to help you further with this matter and look forward to your confirmation that the charge has been cancelled.




Response

Thank you for your email

 

Upon entering the site you entered into a contract to pay for the parking that was due at the time or up to 48 hours following your departure (online) or pay a parking charge notice (reduced if paid within 14 days).

 

The signage on site clearly states that charges are in place 24 hours a day on all days and apply to all vehicles. There are 5 signs on this site, including 1 on the entry, 1 on the exit and one by the kiosk. Our signage has been audited by The IPC our Accredited Trade Association and is fully compliant.

 

We have invited you to inform us who the driver at the time was. We do have images of the vehicle entering the site and should we need to we may choose to get the images enhanced in order to present them as evidence in court should you choose to allow the matter get that far.

 

We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days.

 

Since you failed to pay for the parking that was due at the time or up to 48 hours following your departure and were over the advertised grace period the parking charge notice has been issued correctly.

 

You can pay your parking charge notice online at www.parkwithease.co.uk or by sending a cheque or postal order to Park With Ease, Unit 15 Duttons Business Park, Dock Road, Northwich, Cheshire, CW9 5HJ.

 

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

 

If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued.

 

Please note, the 14 day reduced period is not held whilst an appeal is in place.

Ok, I will replace with your draft, much appreciated.

Please see attached back of letter.

I have only contacted them as the keeper for more information, nothing else has been disclosed.

I notice the date is out of the 14 days, but does this still stand if they are part of the International Parking Community, as their website does not state 14 days, unless i have missed something? I am not familiar with parking charge notices tbf.

Regards


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