Has the driver tried asking PALS to get the PCN cancelled? If PALS try to push back for any reason, point them to the NHS car parking guidance for NHS Trusts and Foundations that states:
Contracted-out car parking
NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.
NHS organisations should act against rogue contractors in line with the relevant codes of practice where applicable.
They have a responsibility for the actions of their contracted, unregulated private parking companies and they should deal with the PCN, especially in these circumstances.
That is your Plan A.
Completely ignore Empira who are a useless debt collector and cannot do anything. They are powerless and they are simply trying to scare you into paying. They cannot make you do anything and they cannot imitate any proceedings. They are useless. Ignore, ignore, ignore. I repeat, simply ignore.
It is too late to appeal and they are IPC members. Whilst waiting for PALS to sort it, an email to the NHS Trust CEO, Owen Williams OBE at
owen.williams@nca.nhs.uk complaining about the PCN and asking them to get it cancelled and the lack of spaces and the parking attendants attitude should be made.
I doubt that OpenParking are very litigious and even if they were, they would be using one of the bulk litigators who are fairly easy to beat.
Was a Notice to Keeper (NtK) ever received? If not, when dealing with PALS or the CEO or anyone relating to this matter, do not say who was driving. It should ideally be the Registered Keeper of the vehicle that makes all representations and only refers to the "the driver" in the third person without identifying them.