Free Traffic Legal Advice

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   

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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.

PALS have not been contacted as of yet.

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..

When you began this thread you were cautious and referred to the driver as regards the events. Good.

With respect, you're now drifting.

As the driver did not respond to the Notice to Driver, all subsequent notices and correspondence would have been addressed to the keeper, a totally different legal entity. Your posts are now couched in terms that clearly imply that the driver was the keeper.

Subject to the below, you need to avoid anyone being able to make such a reasonable deduction, including IMO PALS. So, who is approaching PALS, the driver or the keeper?

Frankly, this distinction is only relevant if the operator hasn't complied with procedural legislation. And we can check this very simply and quickly if we see the initial Notice to Keeper.

Is this available? If so, then pl post as soon as possible and before any approach is made to PALS.


NB. I cannot see a defence against the alleged breach from the driver's perspective - going to PALS isn't a defence, it's asking them to exercise discretion. You don't want them to approach the operator with 'Re: PCN *******; VRM ******
We're writing to you on behalf of *** a patient at this hospital to whom you issued a NTD in Jan*** and who is now being pursued by *** who apparently are your debt collectors.....' unless who's who is not relevant.

As the keeper and driver are different then am I correct in thinking that the driver will not be approaching PALS. If so, then given that the basis for the approach is the driver's circumstances whoever makes this should have proper credentials i.e. authority. They might also find themselves in the realms of PALS' possible resistance to discussing or accessing the driver's medical and appointment history.

The keeper should submit a Subject Access Request to the operator, not debt collector, to obtain the personal info held by them which would be a minimum of all notices sent by or on their behalf.

If you wish to contact Open Parking regarding your rights, personal data and any concerns you may have regarding its processing you can do so by contacting the Data Protection Officer at Century House, 1 The Lakes, Northampton, NN4 7HD or by calling 01604 233 333.

https://www.openparking.co.uk/privacy/