Free Traffic Legal Advice

Good morning,

I've just received a Parking Charge Notice from ParkingEye (dated 7 October) for parking at Barnet Hospital.

The wording of the request is rather vague about the reason for the charge.

I visited the hospital on 30 September. The parking has barriers and parking machines to pay on exit, though they do not offer receipts.
My bank statement shows the charge of £2.15 (up to 1 h parking), which was processed on 2 October.

The PCN has 2 pictures of the car driving somewhere but not the actual location of parking or any signage.

The parking lot was full and I was driving around until a space was found.

I am aware that Barnet hospital has a pay-on-exit parking where you have to enter the car registration number, confirm the time of arrival and then the charge is calculated. Therefore I consider that the correct payment has been made.

I've written to the Royal Free facilities (rf-tr.parkingrfl@nhs.net) and to the Barnet Hospital PALS (bcfpals@nhs.net). The latter email address does not seem to exist anymore and I had to contact PALS via online form that does not allow attachments.

I doubt that any response from them will be received in a reasonable time and wonder what the advice will be regarding further actions.

Thanks in advance.

PS Can't attach the PCN as the upload folder is full

Here is the link on imgur, thanks

https://imgur.com/a/RaZn40P

Or embedded:

<blockquote class="imgur-embed-pub" lang="en" data-id="a/RaZn40P"><a href="//imgur.com/RaZn40P"></a></blockquote><script async src="//s.imgur.com/min/embed.js" charset="utf-8"></script>

why didn't you phone them before?

The purpose of this forum is to advise people on actions they can take now, not to chastise them for things they haven't already done.

The mention of "Staff C" on the notice would suggest they've clocked the car in a 'staff only' car park - do you have any images showing whereabouts the vehicle was during these 37 minutes?

Quote from: mickR on October 10, 2024, 11:42:46 am

why didn't you phone them before?

The purpose of this forum is to advise people on actions they can take now, not to chastise them for things they haven't already done.

The mention of "Staff C" on the notice would suggest they've clocked the car in a 'staff only' car park - do you have any images showing whereabouts the vehicle was during these 37 minutes?

I am fully aware of the purpose of the forum. I was trying to ascertain what the OP had actually tried before coming here.
Staff C is indeed a staff only car park with signs stating that at the entrance.
if the OP didnt "double dip" then he was in that staff car park for 37mins.
that might be why PALS isn't interested.

OP, you may want to redact the VRM and the PCN number from your image. Anyone with a twisted sense of humour could screw up any appeal you intend to make.

Thanks, new imgur link : https://imgur.com/a/4Iu9DPu

Barnet hospital does not have separate staff parking lots, but rather areas that are signposted as "Staff Parking. Permit Only", though the boundaries are open to interpretation as there are no clear signs on entry/exit.

I can only say that where I parked there were no signs and I doubt ParkingEye have a photo of my car parked, their only evidence being the time spent between 2 camera shots. And I may have passed many cameras while looking for a  parking spot.

There were no "Staff A" or "Staff B" or "Staff C" areas, which are probably only mapped internally. Barnet hospital parking is a complex of connected areas of various shapes that you can drive through. There are areas where the signs say "Staff Parking. Permit Holders Only" or similar but the area is not ring-fenced: one side may have a sign and the other does not.
I'm certain that I did not knowingly parked in the staff area, though I may have driven through them multiple times as it is one huge parking lot.
Will it be worth to appeal and ask for the evidence of the actual parking location and the signage there?
Thank you.

Here is a suggested initial appeal to PE:

Subject: Formal Appeal Against Parking Charge Notice [PCN Reference Number]

I am appealing as the registered keeper of the vehicle in relation to the above-referenced Parking Charge Notice (PCN), which was issued for an alleged parking contravention at Barnet Hospital on 30th September. The Notice to Keeper (NtK), dated 7th October, does not provide sufficient evidence of a parking contravention at a specific location or indicate a clear breach of terms and conditions.

Grounds for Appeal:

1. Payment Was Made for Parking:

A payment of £2.15 for parking was made, as reflected in a bank statement dated 2 October. This payment covered the appropriate parking duration. The payment was made in accordance with the pay-on-exit system at the hospital, where the vehicle registration number is entered, and the fee is calculated accordingly. The lack of a receipt function at the payment machines makes it impossible to provide additional documentation, but the bank statement confirms that the relevant parking fee was paid.

2. Confusing Signage and Unclear Markings:

The parking layout at Barnet Hospital consists of a complex network of interconnected spaces with inconsistent signage. While some areas are designated for staff parking, these zones are not clearly separated from public parking areas, and the signage is not always prominently displayed. Any alleged contravention would likely be due to the confusing and inadequate signage rather than a deliberate breach of parking terms.

3. Lack of Evidence of a Specific Contravention:

The images provided in the PCN show the vehicle in motion but do not demonstrate that it was parked in a prohibited area or indicate the specific location where the alleged contravention occurred. Without evidence showing a clear breach of parking terms and conditions, there is no basis for holding the registered keeper liable for the charge.

4. Non-Compliance with the Protection of Freedoms Act 2012 (PoFA):

The PCN fails to comply with the requirements set out in Schedule 4 of the Protection of Freedoms Act 2012, specifically paragraph 9(2)(e)(i), which mandates an explicit invitation for the registered keeper to either pay the unpaid parking charge or provide the name and address of the driver. The notice does not contain any such invitation or equivalent wording. Instead, it merely outlines the consequences if the charge is not paid, which does not satisfy the legal requirement. As the registered keeper, I am not liable under PoFA for this parking charge due to this non-compliance.

Request for Evidence and Cancellation of the PCN:

In light of the above points, I respectfully request that the charge be cancelled. Should you reject this appeal, I request the following:

• Clear evidence of the location where the vehicle was allegedly parked in breach of terms.

• Photographic evidence of relevant signage in the area, showing the restrictions in place.

• A copy of the parking terms and conditions applicable at the time of the alleged contravention.

• A detailed explanation of how the charge is justified despite the payment made.

If the appeal is not upheld, please provide a POPLA code so that I may escalate this matter to the independent appeals service.

They're better than the IAS, but they're not brilliant. It's your money, so your choice, but I usually take the view that if I feel I don't owe the money, I run the argument as far as I need to, up until court if necessary. I'd never rely on a POPLA decision - they can be unpredictable. It's also impossible for us to offer much steer with the current information - we'd need to see the signage etc.