Parking charge

[thedonbran]

Hi,

I had an appointment at a health clinic and parked my car in their car park, registering it on their system when I entered. I did arrive very early for my appointment and walked around the site before entering the clinic.

I received a notification letter about a parking charge from UKCPS stating: driver observed leaving site.

I've contacted the clinic and they said it would be dealt with, but the company has just sent a further letter increasing the charge.

I've contacted the clinic again, waiting to hear back, hoping they deal with it.

There's no email for the company just an address. Should I write to them stating that they've failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 as they haven't named the driver?

Any advice would be greatly appreciated. Thanks.

[des8]

You " walked around the site", but did you leave it?

Can you supply a copy of the parking signs, or give us the address so it may be possible to check on Google Earth?

They can't name the driver on a Parking Charge Notice if they don't know it, so not naming him is not non compliance with the Act
Don't writ to them yet, but post up copies of their notices (first removing identifying marks- name & address, reg no, ref no but leave in all dates & times).

[thedonbran]

Thanks for your reply.

The site is a retail park with the clinic at 4600 Park Approach, Thorpe Park, Leeds, LS15 8GB.

I don't have the parking signs and it's an hour away from where I live. If you can get from Google Earth that would be great.

It's a large site and technically speaking I walked away from the clinic and their car park but remained within the retail park, returning minutes later to enter the clinic.

I've attached the second letter as a jpg. Hope that works. parkingcharge notice.jpg

When I got the first letter, I contacted the clinic and they said it would be dealt with. I've contacted the clinic again and they've told me that reception should have dealt with this by contacting the parking company and to leave it with them. But that's what I did last time. If they keep messing me around I'll contact the directors of the clinic who are also at also Thorpe Park. But this may be a racket.

Let me know what you think.

[des8]

Can you post up a photo of the original Notice to Keeper please so we can check if it is compliant with the law.

[thedonbran]

image_46496.jpgimage_46497.jpgParking sign Living Care.pdf Please find three pictures attached. Two of the original notice (front and back), and the parking sign at the front of the site - this is the only sign I could get from Google Earth.

Thanks.

[des8]

I did find that sign on google as well, but wanted to see main signs in the park itself.
But no matter, I can guess from other incidents that the relevant bit will read along the lines "The driver of the vehicle must remain on site throughout the entire period of parking"
Their problems start with the (probable) fact that the sign does not give details of the site boundary, and finish with "if the driver was observed leaving the site, why didn't the watching patrol warn him". plus "what proof"?

Anyway, I would respond to their demands along the following lines:

Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc

They will keep badgering you, but liability for the charge cannot be transferred from driver to keeper

[thedonbran]

Many thanks. Appreciate your help. Do I include their reference number as well?

[des8]

yes, I would.

But also keep on at the clinic to have the charge cancelled.

[thedonbran]

Thanks. I will. And I'll keep you posted on what happens.

[thedonbran]

Hi, Quick update. I sent the letter and kept on at the clinic, even finding the managing director's email and bringing them into the conversation. The clinic confirmed today that they'd contacted the company and had the parking charge cancelled. Only took them 6 weeks. I should ask them for my postage costs back . Thanks for all your help.

[des8]

well done, that's good news.
All you need now is to get that cancellation in writing and keep it for 6 years!