Author Topic: Chase Farm Hospital Parkingeye parking charge notice for 3 minute overstay at ‘free’ collections point  (Read 1909 times)

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Parkingeye have issued a parking charge notice for 3 minute overstay at the drop off and collection point.
The patient had day surgery under general anaesthetic so had to be collected from the ward.
The driver was called by the hospital to say the patient could be collected and directed to park at the free drop off point directly outside the hospital entrance.
On arrival the driver went directly up to the day surgery ward on the 2nd floor and found a nurse to inform her they were here to collect the patient. They waited a short while for the patient to be discharged and slowly made their way back to the car as the patient was having difficulty walking and getting into the car.
They then drove off.
Parkingeye are charging £100 for overstaying the permitted time by 3 minutes!
The hospital was practically deserted at this time of night and no other cars were denied the parking space.
Please advise. Thank you.

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« Last Edit: November 26, 2024, 10:13:09 am by Loops »

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please post the back of the pcn.
the "free" time in drop off zone was recently reduced from 20mins to 15mins. to my knowledge there was NO  notification of this change.

first stop is PALs at the hospital and tell them what happened as it was unforseen and ask to get the pcn cancelled.

let us know what they say

also
READ THIS FIRST - **BEFORE POSTING YOUR CASE!**,

https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
« Last Edit: November 26, 2024, 09:51:28 am by mickR »
Quote from: andy_foster
Mick, you are a very, very bad man

If the allowed waiting time was change recently (within the last 4 months) then section 3.4 of the Single Code of Practice applies:

Quote
3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not be immediately apparent to a driver entering controlled land that is or has been open for public parking, the parking operator must place additional (temporary) notices at the site entrance for a period of not less than 4 months from the date of the change making it clear that new terms and conditions/charges apply, such that regular visitors who might be familiar with the old terms do not inadvertently incur parking charges.

NOTE: Examples of material changes can include introduction of parking enforcement where none has previously applied, introduction of time-limited free parking, or reductions in the time limit within which free parking is available. Given the need to avoid confusion and clutter at entrances the test is whether the fact that a change has been made is clearly signalled to drivers on entering the land and the nature of the change is clearly displayed thereafter – it may also be necessary to install repeater notices depending on the scale of the premises.

As advised above, your first port of call is PALS.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

I have contacted PALS at Chase Farm. They say they will contact Parkingeye to request they cancel the PCN but in the meantime I should appeal to Parkingeye.
Any suggestions as to how I should tackle this?
Thanks

You have until 24th December to submit an appeal (28 days from "delivery" of the NtK which is 2 working days after the issue date). So no rush to appeal to PE just yet. You have 4 weeks before you need to submit anything.

If you've not heard back from PALS a few days before the appeal deadline, come back here and remind us and we will give you something to put in an appeal.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thankyou. I understand I have 28 days to appeal but only 14 days to have the option of paying the ‘discounted’ fine of £60. If I wait 28 days to appeal and are then unsuccessful will I have to pay the full £100?

You are talking about the "mugs discount". It is designed to get "mugs" to simply make their lives easier by conning the gullible into paying them without having to go through the process of appealing or litigating.

It's your choice. If you think you should simply pay an unregulated private parking company £60 because they have sent you a speculative invoice, then go ahead. If you believe that you owe a bunch of ex-clamper thugs £60 because they simply say you owe them, that is up to you.

THese companies have a modus operandi. They issue these "invoices" in the hope that the recipient is low-hanging fruit on the gullible tree, ripe for the picking. They know that the majority of their victims are ignorant of the law and their rights.

As I already mentioned, no one who is here receiving advice, pays a penny to ECP. If you feel £60 is worth your while to fund the scammers, it's up to you.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Quote
no one who is here receiving advice, pays a penny to ECP.
Especially not when the charge wasn't issued by ECP  ;)

PALS is definitely worth exhausting your efforts with.

I definitely wasn’t planning to pay the £60. I just wondered if I should log my appeal with them within the 14 day limit so if the worst happens and I’m not successful I wouldn’t have to pay £100!

I definitely wasn’t planning to pay the £60. I just wondered if I should log my appeal with them within the 14 day limit so if the worst happens and I’m not successful I wouldn’t have to pay £100!

What people are saying is that you won't have to pay the £60 or the £100.  This isn't a government or police regulated system with fair processes or reasonable costs, it is a scam operated by the worst elements in society.
« Last Edit: November 27, 2024, 09:37:09 am by dave-o »

What people are saying is that you won't have to pay the £60 or the £100.
That's not quite what we are saying, we're not in the business of providing guarantees of success.

But, we can almost guarantee that ParkingEye will reject your appeal, because they can. I generally suggest you should either be prepared to fight the matter all the way, or not at all.

@b789 it was probably over 6 months ago the free time was changed.

I would hope PALs will sort this but I think an early appeal to PE would be interesting to see how they react in this instance, with a genuine reason for overstay. if it's unfavourable (more thsn likely) that would be reason for a formal complaint to the Royal Free trust. (just to stir the pot) 

I see this is a Pofa pcn from PE but is it fully compliant?
Quote from: andy_foster
Mick, you are a very, very bad man

Thanks for your comments everyone. I think I will wait 14 days to appeal to Parkingeye hoping that I might have success through the PALS route.
I am prepared to take it to tribunal if I have no success in overturning the fine by either means.

The "material change" notice argument is only valid if it is less than 4 months since the implementation. It is a requirement of the SCoP. If it was over 6 months ago, then that point is a non-starter.

PE NtKs are never FULLY compliant with PoFA because they fail to specifically invite the Keeper to pay the charge. PoFA paragraph 9(2)(e)(i) is the relevant one. However, it is unlikely that PE would agree and most POPLA assessors skip over the point by ignoring the "invitation" element of the paragraph by simply parroting 9(2)(e)(ii).

The NtK only informs the Keeper that the driver is liable to pay the charge or else the Keeper will become liable. That is not an invitation, under any interpretation of the word, for the Keeper to pay. Some would argue the inference is there that the Keeper should or can pay. However, that is not the same as inviting the Keeper to pay.

As for appealing to PE before any PALS enquiry is not advised. We know that PE will reject any appeal anyway. By getting an appeal rejection earlier, you are reducing the amount of time before you have to make a POPLA appeal.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Any idea how long it will take for PALS to get a decision?