Parking eye ltd

My daughter had a hospital appointment in December and was always allowed to park in the allotted bays for Haemophilia patients because of her condition. Unbeknown to her the hospital had changed their allocation for free parking and had failed to notify her of this, she turned up for an appointment at her allotted time without the knowledge that she did not have this facility anymore. There was not time to go and another parking spot as she was called in to the doctors. They said they would in the circumstances waive any charges that would arise, but sadly a penalty notice for £60 turned up just before xmas and now a final demand for £100. The doctor told the reception staff that she agreed a free pass for her on this occasion as they had not notified her in advance.

It is her intention to fully appeal and also notify the hospital of it's unfair policy to put her in this predicament (with mums help of course).

If the appeal fails which I hope that it does not, then she will hold the hospital fully culpable for their actions (with mums help of course).

Note... David Sloman CEO

Happy new year everyone x

[PlanB]

Re: Parking eye ltd

Maybe the hospital will contact Parking Eye on her behalf to get the ticket cancelled? After all the hospital hires the contractor to police their private car park so they can also tell them what to do. It should only take one phone call.

Failing that I believe it's a hospital on my doorstep so I can pop in and pick up their complaints leaflet from reception. That way your daughter will have two mums helping her

[mystery1]

Re: Parking eye ltd

The hospital should be able to help. Chase them.

In the meantime appeal to ParkingEye.

Dear Sirs,

I, as registered keeper, wish to invoke your appeals process. The driver was informed via the patient that the hospital had an agreement for free parking for said patient. There was a change in circumstance but by the time this was known the patient had to go inside as the medical staff were ready for them. The hospital had advised that the ticket would be cancelled.

In any event the charge is penal and not a genuine pre estimate of loss. I am under no statutory obligation to name the driver and will not do so. Should you refuse this appeal please provide a popla cod.

Yours etc

If it gets to a popla appeal the best way to do it is along these lines.

http://forums.moneysavingexpert.com/...67&postcount=2 show the winning points at Popla.

M1

[TUTTSI]

Re: Parking eye ltd

Thank you M1, I will definitely use the basis of your appeal letter and I will also phone the hospital doctors secretary tomorrow morning as both you and Plan B suggests maybe a simple phone call will make this go away lol.

They agreed on the day to give her a free pass, but sadly this did not filter through to Parking Eye. The receptionist also never advised the doctors that we had arrived, even though she had checked in at reception, the doctor came out to see if we had arrived and was shocked that reception had not informed her. So I am not at all surprised that the receptionist did not pass the doctors orders on to Private Parking that she was to have a free pass on this one only occassion.

Plan B, my daughter smiled when she read your comments about having two mums and if you are near to the hospital can you pick up that complaints leaflet, but only if you are close by xxxx

[mystery1]

Re: Parking eye ltd

Don't stop the appeal until you have cancellation in writing !

M1

[bluebottle]

Re: Parking eye ltd

If the hospital is NHS, then both the hospital and Parking Eye are subject to the Human Rights Act 1998, as PE are carrying out a function on behalf of a government department, in this case, the NHS. If used correctly, the HRA can be useful in dealing with things like this.

Plan B is correct in that the hospital has the final say. PE, as far as I am aware, have no right to behave in an arbitrary manner, in the circumstances. As the car park is, almost certainly, owned by the State, unless there are statutory regulations in force, as regards use of the hospital car park, in my opinion, the HRA could be used to argue that both the hospital and PE are acting unlawfully by attempting to impose a penalty not provided under the law.

Go along with Mystery's advice as this has shown to be good solid advice. The HRA is available as a secondary line of attack, if needed.

[TUTTSI]

Re: Parking eye ltd

UPDATE 30/12/13

Spoke to hospital this morning, they are advising security that the parking charge should be waived as it was agreed with the doctor, I have the woman's name. So her card is marked lol

Also, dealt with the appeal, so let us see what happens next.

Thanks M1 for the outline of the appeal that helped ginormously and BB, will bear your advice in mind should the appeal fail.

[bluebottle]

Re: Parking eye ltd

As previously stated, Mystery's advice is good solid advice. All the best with the appeal to PE.

As far as the HRA is concerned, a citizen cannot be penalised for something for which the law does not prescribe a penalty. Unless the NHS and PE can produce proof of a byelaw, Statutory Instrument or Act of Parliament that provides for errant motorists to be penalised for parking in the hospital car park, they are likely to fall foul of Section 6 of the Act, which means you daughter could take action against the hospital managers and PE's management, which should have them raiding the pharmacy for Loperamide.

[TUTTSI]

Re: Parking eye ltd

PARKING EYE ZERO, LEGAL BEAGLES WON. With thanks to all the help on LB, phoning the hospital and the appeal my daughter has received a letter this morning from Parking Eye stating that the parking charge has been withdrawn and that she does not owe them any money. Happy New year all xx

[bluebottle]

Re: Parking eye ltd

Excellent result, Tuttsi! Let's hope the hospital sees sense and boots PE off the hospital site altogether.

[Turboman]

Re: Parking eye ltd

Welcome to the club Mrs S---


Tutts & Turbo 4 - 0 Parking Eye

PARKING EYE ZERO, LEGAL BEAGLES WON. With thanks to all the help on LB, phoning the hospital and the appeal my daughter has received a letter this morning from Parking Eye stating that the parking charge has been withdrawn and that she does not owe them any money. Happy New year all xx

[Inca]

Re: Parking eye ltd

Well done Tuttsi.......I'll put my gloves away now xxxxxxxxxx