Community First Responder

[tking]

Hi all,

Bit of an unusual one. I’m a Community First Responder and recently attended a 999 call at a residential complex. I can’t disclose any details about the incident due to GDPR, but it was a Category 1 emergency.

After attending, I received a £100 parking notice (reduced to £60 if paid within 14 days). I appealed, but the appeal was rejected because I hadn’t followed the correct process of notifying them in advance — which, in a CAT 1 emergency, simply isn’t practical.

They have since reduced the charge to £20, but at this point it feels like the principle of the matter. This is a voluntary role for SWAST, and it’s incredibly frustrating to be penalised for responding to a life-threatening call.

Would you recommend paying the £20, or taking this further to the ombudsman?

Thank you in advance.

[des8]

Firstly thank you for taking up that voluntary role.

Regarding your parking charge, there is no ombudsman, only the not so independent "independent appeal bodies" of POPLA and IAS (depending on which parking company is involved).
Neither service is particularly friendly towards the appellant, but it costs you nothing and you never know.

Presumably the parking company concerned has been appointed by the residential company where you were attending.
Have you asked the manager of the site to order the cancellation of the charge?

You could encourage both the residential home and the parking company to cancel the charge by commenting on the effectiveness of social media and the local press ......

I would allow them to take it to court, even though defending a claim (if ever it should arise) will take up a fair amount of your time)

In your appeal did you identify yourself as the driver?
If you decide to appeal to the relevant appeal body we may be able to assist drafting your appeal.

[PallasAthena]

Our standard advice is to never disclose the name of the driver because it gives you valuable legal protection if the private parking company [PPC] don't know who the driver is. However in these unusual circumstances I can see that may not be helpful advice as the identity of the driver and them being a CFR on emergency callout is the core of your reason why it should be cancelled.

PPCs are notorious for their complete lack of scruples, they are interested only in screwing as much money out of people as possible. However the fact that they have already dropped it to £20 suggests to me that they sense they have a weak case and could be in for a shed load of negative publicity.

So if you stand your ground they will probably cave. Pursue this via the mamgement who appointed them as Des8 recommends. They don't want negative publicity either.

Is your role linked to the ambulance service? Might they take up your case direct with the PPC and challenge their comments about prior notice? It has wider implications for them than just your case.

[tking]

Thank you both for taking the time to reply.

The company involved is called Civil Enforcement Service, they have no email address and no contact phone number only a payment link. Yes so I'm a CFR through one of the ambulance trusts and parking during an emergency can be difficult but it's the first time that this has happened and I was somewhat surprised the reason wasn't valid. I will approach the housing Trust and area manager, I do feel that the case is weak as now it's only £20, i really don't want to get a criminal record as this will render me ineligible to be a responder. I just wish common sense came before a monetary cost. Like they say "no good deed goes unpunished"

PS, on their website you only get one appeal so i can't revisit that.

Thank you both

[PallasAthena]

You absolutely will not and cannot get a criminal record from this. It is not a criminal law matter. The invoices ("Parking Charge Notice") that they issue are not fines and have no official status. They have no more power to issue a fine than I do.

PPCs allege you have breached a contract with them and their invoice is for damages. If it ever went to court it would be a civil court matter

Private parking companies are just private companies up to extract money from motorists. Anyone can set one up. They aren't interested in being fair or in mitigating circumstances or in talking to the motorist at all. That's why they make it so hard to contact them.

[des8]

Ok, but even if it went to court and you should lose you will not get a criminal record.
This is purely a civil matter.

Your basic defence would be that you had no intention to form a contract to park (their claim would be for breach of contract and so there was no contract
This would be evidenced by the fact that as you were on an emergency life or death call you had no time to read & understand the signs (the contract) nor make a decision on whether or not to remain in the park.

The thought that the local press would be advised of and invited to the court hearing might persuade (un)Civil Enforcement & the residential home to back down

Civil Enforcement do have a complaints process ( https://www.ce-service.co.uk/complaints-policy/ ) (see para 4)


Crossed with PallasAthena

[des8]

If you read their complaints policy, you will note that in Sec 2 POLICY SCOPE they refer a "Parking (Code of Practice) Act 2019" which can be found here: (https://www.britishparking.co.uk/wri...ofPractice.pdf)
Annex F of that code is interesting, especially F1 wherein it states:

"Parking charges must not be pursued in relation to vehicles where evidence is provided that they are identified as:
(a).....
(b) vehicles being used by a doctor or other health worker (e.g. midwife or district nurse) who is on an emergency call at the address under control, and the vehicle is displaying a British Medical Association (BMA) badge or authorised Health Emergency badge;


Their breach of it can be reported to BPA, who can order them to withdraw the charge

[tking]

Thank you all so much, I now have a clear pathway in my mind on how to proceed. My first step will be to prepare a detailed complaint, outlining not only the reasons I had to park there, but also referencing Section 2: Policy Scope to support my position.

I've no doubt they will reject it, as they state:

Our complaints policy does not cover appeals or dissatisfaction relating to the issuance of a Parking Charge.

To me, this effectively shuts down any complaint about the outcome itself but if they refuse to consider it, then the issue becomes a complaint about them and the fairness of their policies toward emergency services responding to life-critical calls. I'll try to put something together that at least sounds like I know what I'm talking about, and I will also pursue this with the housing company who employs this parking firm.

I'm forever grateful that you have all given time to help me, time is precious so once again, Thank you all so much.

[des8]

Good luck with your complaint.
Please keep us updated with your progress, and don't hesitate to ask if you would like further assistance

[tking]

Thank you all so much for your responses, you gave me the tools, confidence, and determination to see this through to the end. By using the BPA Code of Practice and referencing the relevant sections within the complaints process, they have finally backed down, issued an apology, and cancelled the PCN.

I truly cannot thank you all enough.

[des8]

Well done and thanks for the update

[tking]

I guess i'm not allowed to post my letter of complaint and their response on here, just to show others that keep chipping away at them works.

[tking]

Also I wish now I could turn the tables on them and send them an invoice for my time spent fighting this, time after they declined my appeal.

[des8]

No reason for not posting up your letter of complaint (suitably redacted so you are not identifiable) as it may help others.

You could send them an invoice, (but they won't pay it and you would not be successful enforcing it through the courts) so not worth bothering.
In the end your appeal/complaint was successful.