Free Traffic Legal Advice

Today is 14 days since the fine was issued by Parkingeye. I have not heard back from PALS - apparently they are understaffed and are dealing with lots of parking disputes!
 I think I will appeal as I do not want to have to pay the £100 if I lose the appeal (which seems to be what I am being advised on here will happen)
I will take it to the Popla tribunal if that happens but I am not clear how much I would have to pay if I lost at tribunal. Would it still be £60 or £100?
I would really appreciate more advice. What grounds can I appeal on apart from the fact they are being totally unreasonable to charge £100 for taking an extra 3 minutes to collect a patient after surgery!

Even if you were unsuccessful at POPLA, you are not obliged to pay it. You are obviously being influenced by the "mugs discount".

You can fight it or fund them.

I will take it to the Popla tribunal if that happens but I am not clear how much I would have to pay if I lost at tribunal. Would it still be £60 or £100?
At POPLA the full £100 would likely be in play.

If this is the case then should I wait for the 28 days before appealing?

If the charge will be £100 if I lose at Popla tribunal then there’s no rush.

Have I understood this properly?

“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.“

I still haven’t had any response from the parking team at Chase Farm PALS so I’m going to have to submit my appeal.

Please can I take you up on your offer to help and advise me what to put in my appeal.
I plan to give mitigating circumstances that I could not have collected my daughter and returned to the car any more quickly than we did but is there anything else I should mention and are there key words or phrases I should use?

Thanks

Here is the suggested appeal (only as the Keeper) that you should only submit if you've not heard back from PALS by the 23rd December:

Re: Parking Charge Notice [PCN Reference Number]

I am writing as the registered keeper of the vehicle to formally appeal the Parking Charge Notice issued for an alleged 3-minute overstay in the hospital drop-off and collection zone. I believe this charge is unreasonable, unjustified, and in breach of industry regulations. It should therefore be cancelled for the following reasons:

1. Exceptional Circumstances

The vehicle was used to collect a patient who had undergone day surgery under general anaesthetic. The driver was directed by the hospital to park at the drop-off and collection point directly outside the entrance. Upon arrival, the driver went to the second-floor day surgery ward to inform staff and assist the patient in their discharge process. The patient was experiencing significant difficulty walking, which required additional care and time to safely return to the vehicle.

2. Minimal Overstay

The alleged overstay is just 3 minutes, which is a de minimis breach under these circumstances. The hospital was deserted at that time of night, and the additional time taken caused no obstruction or inconvenience to other users of the drop-off area.

3. Breach of Codes of Practice Regarding Notification of Material Changes

It is understood that the "free" parking time in the drop-off zone was recently reduced from 20 minutes to 15 minutes. To my knowledge, no adequate notification of this material change was provided to users. This omission constitutes a breach of:

• BPA Code of Practice v9, Section 19.10

• Private Parking Single Code of Practice 2024, Section 3.4

Both Codes of Practice require parking operators to place additional (temporary) notices at the site entrance for a period of not less than 4 months to clearly notify motorists of material changes, such as reductions in time limits.

Failure to provide such notices has resulted in regular visitors, including the driver, being unaware of this change. The lack of clear and prominent notification fails the standard of transparency and fair communication required by the industry codes.

4. Complaint to the Hospital PALS

This Parking Charge Notice has been reported to the hospital's Patient Advice and Liaison Service (PALS) as grossly unfair, given the circumstances of collecting a vulnerable patient post-surgery and the driver having followed the instructions given by the hospital itself. I am currently awaiting a decision from PALS, who are reviewing the matter.

5. Disproportionate Charge

The charge of £100 for an alleged 3-minute overstay is grossly disproportionate and fails the principles of fairness and proportionality outlined in the relevant Codes of Practice. It does not reflect any genuine pre-estimate of loss or deterrence, especially considering the lack of any harm caused to other users.

Request for Further Information

In light of the above, I request that this Parking Charge Notice be cancelled. Should you choose to reject this appeal, I require the following:

1. A detailed explanation of how the Parking Charge is justified, particularly for the alleged overstay of 3 minutes.

2.  Evidence demonstrating that the change to the free parking time was communicated in compliance with the BPA Code of Practice (v9) and the Private Parking Single Code of Practice (2024), including:

• Dates and methods of communication used to notify users of the change.

• A copy of the signage in place at the time of the alleged incident, showing the stated terms.

3. A map of the site indicating the location of all signs.

4. A POPLA verification code to enable me to escalate this matter for independent adjudication.

I trust that Parkingeye will review this appeal fairly and cancel the charge in recognition of the circumstances and regulatory breaches outlined. Failure to cancel the PCN will leave me with no option other than to raise a formal complaint with the BPA.

Only the Keeper can appeal. So, it is your husband who is appealing. He is under no legal obligation to identify the driver to an unregulated private parking company and should not so so.

If part of the appeal is that the operator has failed to fully comply with ALL the requirements of PoFA, then the Keeper cannot be liable, so why would he want to identify you as the driver?

The operator as no idea who the driver is and if they haven't complied with all the requirements of PoFA they cannot transfer liability from the unknown driver to the known keeper. They are not allowed to assume or infer that the Keeper must also be the driver.

The would be put to strict proof that the Keeper was the driver. How do you imagine they could prove that?

They are now in a Ctch 22 situation where they have no legal leg to stand on.

You do not need to give an unregulated private parking company any other details than what has been advised above.

Don't try and overthink this.