Free Traffic Legal Advice

Subject: Formal Complaint – Unlawful PCN Issued at Rosa Burden Centre by PARKcontrol24

To: trust.secretary@nbt.nhs.uk; complaints@nbt.nhs.uk Cc: pals@nbt.nhs.uk; Helen.Williamson2@nbt.nhs.uk; Information.Governance@nbt.nhs.uk; Caldicott.Guardian@nbt.nhs.uk Optional Cc: Chris.Preen@nbt.nhs.uk

FAO: Maria Kane OBE – Group Chief Executive, North Bristol NHS Trust

Via: Trust Secretary, North Bristol NHS Trust Southmead Hospital, Southmead Road, Bristol BS10 5NB

I am writing to lodge a formal complaint regarding the conduct of PARKcontrol24, a private parking enforcement contractor operating at the Rosa Burden Centre, Southmead Hospital – a site under the control of North Bristol NHS Trust.

This complaint concerns the unlawful issuance of a Parking Charge Notice (PCN) to a vehicle parked by a healthcare professional employed at the hospital, and the Trust’s failure to ensure that its contractor complies with statutory obligations, NHS guidance, and data protection law.

1. Breach of Keeper Appeal Rights
The Notice to Driver clearly states that appeals may be submitted within 28 days of issue. However, PARKcontrol24’s website falsely restricts appeals to a 21-day window, thereby obstructing the Keeper’s statutory right to appeal. This is a direct breach of Section 8 of the BPA/IPC Private Parking Code of Practice (PPSCoP), which mandates a minimum 28-day appeal period for Notices to Driver. By misrepresenting the appeal window and denying access to the appeals process, PARKcontrol24 has violated its own governing Code of Practice.
If North Bristol NHS Trust permits a contractor to operate in breach of the PPSCoP, it becomes jointly and severally liable for the contractor’s unlawful actions, including any resulting GDPR breaches arising from premature or unjustified access to DVLA Keeper data.

2. Non-Compliant Notice to Driver
The Notice to Driver fails to identify the creditor, rendering it non-compliant with Schedule 4, Paragraph 8(2)(h) of the Protection of Freedoms Act 2012 (PoFA). As such, no Keeper liability can arise. Any attempt by PARKcontrol24 to access DVLA Keeper data prior to the expiry of the statutory appeal window, or in reliance on a Notice to Driver that fails to comply with PoFA, would constitute unlawful data processing. DVLA access is only lawful where the operator has a legitimate basis to pursue Keeper liability under PoFA. The Trust, as landholder and data controller for site operations, bears responsibility for ensuring that any contractor’s data access is lawful, proportionate, and compliant with UK GDPR.

3. Misrepresentation of Permit Validity
The driver displayed a valid staff permit. The alleged contravention occurred between 10:20 and 11:07 on a Tuesday. The permit allows unrestricted use of staff car parks between 16:00 and 07:30 (Monday to Friday) and all day on weekends and bank holidays. The signage and permit scheme failed to clearly communicate these restrictions, rendering the charge unenforceable under consumer protection law due to inadequate contractual terms.

4. Breach of NHS Trust Obligations
North Bristol NHS Trust is contractually and ethically responsible for ensuring that any private parking enforcement on its premises complies with NHS Car Parking Management Guidance (2022), which states:

“Contracts with private companies should not result in penalties that are unfair or disproportionate. Trusts must ensure that appeals processes are accessible and that enforcement is carried out with sensitivity, particularly where staff are involved.”

The guidance also warns Trusts against engaging rogue operators and makes clear that they are accountable for the conduct of any contractor acting on their behalf. PARKcontrol24’s conduct – including procedural breaches, obstruction of appeals, and unlawful data access – clearly identifies them as a rogue operator. The Trust’s continued engagement with such a contractor places it in breach of NHS guidance and exposes it to joint liability.

5. Required Actions
I request the following:

• Immediate cancellation of the PCN.
• Written assurance that PARKcontrol24 will not pursue Keeper liability.
• Confirmation that the Trust will review its contract with PARKcontrol24 and ensure future compliance with NHS guidance and statutory obligations.
• Disclosure of the Trust’s contract with PARKcontrol24 under FOIA (to be submitted separately if required).
• Confirmation that this complaint has been formally logged and placed before the Board and CEO.

Failure to address this matter will result in escalation to the Information Commissioner’s Office (ICO), the DVLA, and the Parliamentary and Health Service Ombudsman.

Yours sincerely,

[Your Full Name]
[Address]
[Email]
Date: 23 August 2025

To: PARKcontrol24 Appeals Department

Subject: Formal Complaint and Statutory Appeal – PCN [Insert Notice ID]

I am the Registered Keeper of vehicle [Insert Registration] and I am submitting this as both a formal complaint and a statutory appeal under Section 8 of the BPA/IPC Private Parking Code of Practice (PPSCoP), which requires operators to accept appeals submitted within 28 days of a Notice to Driver.

The Notice to Driver issued in this case is not compliant with Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), specifically Paragraph 8(2)(h), as it fails to identify the creditor. As such, the conditions required to establish Keeper liability have not been met.

I decline to identify the driver.

Additionally, your website restricts appeals to a 21-day window, despite the Notice to Driver clearly stating that appeals may be submitted within 28 days. This restriction is a breach of Section 8 of the PPSCoP and also constitutes a breach of your KADOE contract with the DVLA, which requires full compliance with the applicable Code of Practice. A formal complaint will be submitted to the DVLA, including evidence that your online portal prevents appeals beyond 21 days.

You are now required to either cancel the charge or issue a formal rejection of this appeal, including the necessary details to escalate the matter to the Independent Appeals Service (IAS).

Yours faithfully,

[Your Full Name]

[Address]
[Email]

Date: 23 August 2025