Hospital ParkingCharges
- Thread starter Nanu
- Start date
Just my two pennies as I have recently actually had a proper PCN from Hounslow Council overturned, with an apology to boot!
Do your research and think hard about if you can afford the costs of losing. I have to say that you stand on clearer and firmer ground when it comes to genuine Penalty Charges as the legislation is very specific. You don't have redress with the court however, though I did threaten Serco (as the contractor responsible for the Local Authority's Parking) with damages.
In 2012 (I believe it was the Protection of Freedoms Act) that made the registered keeper liable for charges on private land, no more "I wasn't driving guv'" to avoid paying.
The main focus of defence I would have pursued in this instance would be that a penalty is not allowed and to request invoice and proof of the actual cost of the breach. In this case the minimum charge for parking for that length of time plus actual incurred costs. I would go so far as to demand proof of time spent, salaries, individual cost for sheets of paper etc.
I would be very surprised if these companies didn't get thrown out in court, I could well envisage them not supplying evidence asked for to form a defence, for instance.
I probably wouldn't have gone down their own appeal route but this seems to have worked so perhaps it's not as crooked as I would have thought!
Do your research and think hard about if you can afford the costs of losing. I have to say that you stand on clearer and firmer ground when it comes to genuine Penalty Charges as the legislation is very specific. You don't have redress with the court however, though I did threaten Serco (as the contractor responsible for the Local Authority's Parking) with damages.
In 2012 (I believe it was the Protection of Freedoms Act) that made the registered keeper liable for charges on private land, no more "I wasn't driving guv'" to avoid paying.
The main focus of defence I would have pursued in this instance would be that a penalty is not allowed and to request invoice and proof of the actual cost of the breach. In this case the minimum charge for parking for that length of time plus actual incurred costs. I would go so far as to demand proof of time spent, salaries, individual cost for sheets of paper etc.
I would be very surprised if these companies didn't get thrown out in court, I could well envisage them not supplying evidence asked for to form a defence, for instance.
I probably wouldn't have gone down their own appeal route but this seems to have worked so perhaps it's not as crooked as I would have thought!
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Anonymous
Guest
Just ignore it. You'll be fine.
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Anonymous
Guest
How did they know you hadnt paid?
If you had to enter a ticket/money at the barrier, how did you get out?
If it was a pay and display place, how would the cctv on exit know if you'd paid?
Or was it one of those machines where you have to enter your reg number and thats somehow linked into the cctv?
My wife is a nurse and she has money deducted from her salary to pay for parking...even though there is never room in the staff car park, and if she parks in the punters car park, she has to buy a ticket! Trouble is, she's a community nurse, so actually needs her car for work and can be in/out the place several times a day.
If you had to enter a ticket/money at the barrier, how did you get out?
If it was a pay and display place, how would the cctv on exit know if you'd paid?
Or was it one of those machines where you have to enter your reg number and thats somehow linked into the cctv?
My wife is a nurse and she has money deducted from her salary to pay for parking...even though there is never room in the staff car park, and if she parks in the punters car park, she has to buy a ticket! Trouble is, she's a community nurse, so actually needs her car for work and can be in/out the place several times a day.
I appealed to PE and they didnt even bother to respond making me wonder if they received it. Either way I heard nothing more and so didnt care..
Good to know the new process though so I can advise other accordingly.
Good to know the new process though so I can advise other accordingly.
kevinmarkwhite said:
The car park entrances are covered by ANPR cameras and all they do is submit a request to the DVLA for keeper details and invoice the keeper. The charge however must reflect a genuine pre estimate of loss to the land owner which of course it never does. Most if not all contracts state that the landowner gets the monies from the ticket machines and the parking company recovers its costs from those who don't pay so it is an illegal charge and has been held as being so at tribunals and at the High Court. They rely on people paying up through ignorance and intimidation. They also state thatby enteringthe car park you are entering into a contract to accept the rules and charges which has also been held to be incorrect. So spread the word, but please please please, if nothing else, DO NOT IGNORE, GIVE THE KEEPERS DETAILS ONLY AND CHALLENGE THE CHARGE. You will win every time and at no cost. It actually costs them £27 each time they are taken to POPLA tribunal which they cannot claim from you in any circumstances
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Anonymous
Guest
I understand how they know where to get your details from, but I dont understand how the ANPR camera can flag up that you havent paid the ticket? i.e. how does the ANPR camera know if you paid at the pay and display?
It is clever though, gotta admit that!
It is clever though, gotta admit that!
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Anonymous
Guest
Ffs
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Anonymous
Guest
Carol M said:
Do you mean wtf silly
bluestreak56 said:
Keep all your correspondence as PE have a habit of ignoring responses then claiming they never received it so they can take you to court thus avioding POPLA where they always loose. If this happens to you get back via PM and I will put you in touch withthe right advice to still beat them