3. Russell’s Hall Hospital, Dudley
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Re: Russell’s Hall Hospital, Dudley
« Reply #15 on: »
I would not pay this under any circumstance.

Have you tried PALS at the hospital?
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Re: Russell’s Hall Hospital, Dudley
« Reply #16 on: »
Thank you for replying.

I have emailed PALS but they take 5 working days to respond and if I’m going to pay £40 ie reduced invoice (goes to £80 if appeal refused by POPLA) I have to pay it tomorrow at latest. I really can’t afford to waste money and I feel as if I’m being forced into paying it as POPLA appeals success rate not good.

If I don’t pay,  I’m guessing I wait for response from PALS and then appeal to POPLA and if still rejected, wait for court summons? :-\

As there will be no photos/ footage of the car parked in the drop off zone, how can the car parking company be successful? Surely they have to prove I was there rather than just entering/exiting the site?

I really appreciate the help I’ve been given so far.
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Re: Russell’s Hall Hospital, Dudley
« Reply #17 on: »
You really do not need to pay this.

We can help you with POPLA.

Nothing to worry about.
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Re: Russell’s Hall Hospital, Dudley
« Reply #18 on: »
Thank you. I won’t pay it then.

I will wait  to see what PALS say and then I’ll come back to you. :)
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Re: Russell’s Hall Hospital, Dudley
« Reply #19 on: »
'The original letter did not state the vehicle was parked in the drop off zone

Yes it did:

'Location'

Russells Hall Hospital Drop Off'

Their ONLY evidence as to the location is the photos.


Do these show on the balance of probabilities that you entered and stopped in the 'Drop-off' zone? If not, then IMO absolutely carry on.

A POPLA assessor's first consideration is whether a parking charge is owed, to determine which they need evidence. 

Theirs is the photos and copies of the signs at the location and the Ts and Cs of parking. But the latter aren't the issue.

Substantially, it would appear that the photos do not prove that you were parked in the Drop-Off zone unless these are from cameras which cover ONLY the drop off zone and there is no other exit from that zone.

Circumstantially, you have payment of the correct fee for parking in the general carpark area. On this point, I refer to this comment in (what you've posted of) their response:

the drop-off car parking space has a 15-minute time limit, and payment is not permitted.

Which suggests that payment facilities are not provided.

So, what are they saying....that you drove in, parked for the stated time, exited the car park to find a payment machine elsewhere, paid, returned to you car and then left. Or perhaps exited past the camera, returned on foot to pay then left?

The more you think about it, the more preposterous it sounds!

Anyway, pl post their actual response and confirm the details of the drop- off point - apologies if this is embedded in other responses.

I agree with others, carry on. But it's your choice.
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Re: Russell’s Hall Hospital, Dudley
« Reply #20 on: »
Thanks Tincombe for your reply. In answer to your reply:

The photos provided are for the entry and exit of the whole site apart from staff parking and A & E. Everybody that parks at the hospital will pass these cameras. I have no idea why they state the driver was parked in the drop off zone, they turned left into the main car park before what I assume is the drop off zone. The cameras are not in the drop off zone.

 My mother’s appointment was at 2.15pm, the driver arrived at 1.30pm allowing time to find a parking space which they did immediately. Why would the driver park in a drop off zone for a pre booked appointment for what could potentially be all afternoon? The ophthalmology clinic saw my mother at 14.05pm as she was early and she was finished by 14.25pm approx. It was an 8-10 minute walk from the payment machine in the main entrance back to the car. Had the driver been parked in the drop off zone, which I assume to be the red zone outside the main entrance, it would have been a 2 minute slow walk, absolute maximum. The driver has the ticket that confirms payment, time of payment and the camera shows time of exit.

The rejection of appeal email from Group Nexus stated:

Clear signs at the entrance of this site and throughout inform drivers that the drop-off car parking space has a 15-minute time limit, and payment is not permitted. Your representations are not considered a mitigating circumstance for appeal.

In light of this, on this occasion, your representations have been carefully considered and rejected.

There are payment facilities obviously but I think they are saying the car was parked in the drop off zone and a normal parking payment is not allowed as there is a 15 minute walk time limit. It did not register with the driver the location of drop off zone on their original parking invoice, they were so perplexed as to why a notice had been received as no offence had been committed.

I am not paying the charge which would be the easy and hassle free way out but I am so angry that a parking company can make an incorrect assumption with no proof and expect a person to just pay up. If I were in the wrong I would accept the charge but this is just not right.

I have emailed PALs and will await their response.

If no joy, I will really need help with putting together an appeal for POPLA. I appreciate all the help and advice I’ve received so far.
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Re: Russell’s Hall Hospital, Dudley
« Reply #21 on: »
IMO, you've got the essence of any submission to POPLA.

I know you know the minutiae, but this isn't necessary at POPLA and, please don't take this wrongly, IMO serves only to confuse because it doesn't address the key issues:

What is the PPC's evidence;
Does it withstand scrutiny and meet the required legal standard of proof?

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Re: Russell’s Hall Hospital, Dudley
« Reply #22 on: »
I understand what you’re saying which is why I will ask for/ need help with any POPLA appeal if PALS can’t assist. You guys clearly have vast experience in these matters.

The PPC (private parking company?) have no evidence of the vehicle being parked in the drop off zone because there isn’t any as it wasn’t.
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Re: Russell’s Hall Hospital, Dudley
« Reply #23 on: »
'It wasn't' cannot be proved by you. Whether you were is NOT the issue.

As I suggested:

Substantially, it would appear that the photos do not prove that you were parked in the Drop-Off zone unless these are from cameras which cover ONLY the drop off zone and there is no other exit from that zone.

It is THEIR evidence which you attack with facts.
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  3. Russell’s Hall Hospital, Dudley