Parking Eye Problem - Hampstead Free Hospital

[lookinforinfo]

My partner has recently received several letters from PE demanding money as usual with all sorts of threats included.

 

However they seem a bit vague when it comes to stating the actual reason for their invoice.

 

 

"By either not purchasing the appropriate parking time or by remaining at the car park longer than permitted in accordance with the T&Cs set out in the signage, the parking charge is now payable".

 

Do I write back and ask which term has been broken and ask that if they wish to pursue then send me details so that I can dispute it, or tell them to do one.

 

 

I guess that we are not yet at the stage of asking for a POPLA number.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

[lookinforinfo]

For tickets received through the post (Notice to Keeper) please answer the following questions.

 

1 Date of the infringement 27/10/2016

2 Date on the NTK 1/11/2016

 

3 Date received don't know-not there when delivered

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes

5 Is there any photographic evidence of the event? There is a picture of the front of the car that doesn't include the windscreen

 

6 Have you appealed? not yet-we only got the three letters three days ago

Have you had a response? N/A

 

7 Who is the parking company? Parking Eye

 

 

8. Where exactly [carpark name and town] Hampstead Free Hospital

 

For either option, does it say which appeals body they operate under.

There are two official bodies, the BPA and the IAS. If you are unsure, please check here It has the BPA logon on the top left hand corner of their letters

 

HERE

 

If you have received any other correspondence, please mention it here

 

Attachment 61831

 

2nd Letter PCN 10/11/2016 reminding that the discount period is almost over and talks about Parking Eye v Beavis "which delivers a binding precedent in respect of the value of the parking charge"

 

3rd letter 6/12/2016 the discount point has passed:

also the registered keeper is now liable;

if letter ignored they may check CRA for correct address [not before time] ;

may instruct solicitors;

may refer to debt recovery or issue court proceedings.

 

Appeals period is over but will accept late appeals if mitigating circumstances and ask for information to to assist a late appeal.

 

Shortly after our visit to the Hospital

we moved house so we missed all their correspondence until I collected our outstanding mail a couple of days or so ago.

 

Anything else please ask.

 

As far as I am aware the claim that we either didn't pay or overstayed is wrong and that appears to be what my partner is being charged with.

She was not the driver on that day.

[dx100uk]

cant see attachments?

 

 

upload as PDF please

[lookinforinfo]

There were no attachments. All I have received

are 3 letters from them.

[BazzaS]

Was a ticket (Notice to Driver, NtD) left on the car?

Does the Notice to Keeper (NtD) state that a ticket/NtD was left on the car?.

 

If either applies their NtK is non-compliant, on the basis of para. 8(5) of Schedule 4 to the POFA 2012, as it was sent too early.

 

If this was a CCTV-capture (possible, since you mention photo's ... but it isn't clear if these were CCTV or taken by someone who ticketed the car), and there was no ticket ... they are within the timescale of para. 9(5) of that same Schedule, but there may still be other reasons why their claim is deficient .....

[lookinforinfo]

Thank you Bazza for your help.

 

There was no ticket attached to the windscreen.

 

 

I guess the photograph was a cctv capture since there were two pictures taken showing the arrival and departure times which were within an hour of each other.

 

Their mention of the POFA was in relation to paragraph 9 [2] of schedule 4.

 

I have spoken to the DVLA today to ask why PE sent their invoice to an old address despite her writing to them several months ago at least to update her driving licence-which is showing her correct address.

 

DVLA say they have at least two addresses for motorists to reflect the fact that companies, registered keepers and owners may have several different addresses for their cars and their home addresses so they do not alter the home address on their records when a driving licence address is altered. Who knew?

 

at least it gives her the opportunity to put the whole thing back to the start thus give her the legal right to challenge their invoice.

 

Is it best to wait for their response or hit them with everything?

 

 

For instance include such things as disputing their claim;

asking for a copy of their contract with Hampstead Free as to their right to pursue motorists;

 

 

asking for a copy of approval from the Council for the parking signage to be erected in the hospital grounds and advising them that as they appear not to have a reason to claim against my wife that they are liable for £250 [?] for a breach of the DPA.

 

Is there anything else you can suggest that may help to let PE know that there are easier pickings out there and so leave us alone.

 

Just realised one more thing.

 

 

As none of the letters were received until a few days ago that should put the NTK back to the start in which case as she was not the driver the Protection of freedoms kicks in does it not?

[ericsbrother]

you have contacted them in what capacity?

If you write to them and ask for detail of their claim then unless it is clearly stated that this enquiry is as the keeper of the vehicle and no other inference can be made then there is a fair chance that the protections given to the keeper is negated.

 

 

Please tell us who the keeper is and who wrote to PE and how they addressed themselves

[lookinforinfo]

We have only just seen all the letters earlier this week and no reply has been sent to PE as I am waiting for advice here as the best way to go forward.

 

The keeper is my wife.

[ericsbrother]

so, could the first letter have been delivered inside the 14 days allowed after the date of the event?

 

 

When did the DVLA update the keeper details.

If the DVLA record showed that the keeper was at another address at the time of the first letter then they are obliged to use that address until you tell them otherwise.

 

Driving licence is nothing to do with this

so if car keeper details not altered at the time you cannot complain about them using the wrong address.

The onus is on you to have the correct details registered.

 

 

Obviously if it was the DVLA's fault then tough luck to PE as the law doesnt take that into account.

[lookinforinfo]

Thanks Erics brother.

Nevertheless it is the reason that we didn't receive the letters and we were pretty lucky to have received them at all.

We could have ended up with bailiffs knocking at our door as the first indication that there was a problem with PE.

 

As I said in an earlier post

I thought that when we notified DVLA of our new address that whatever addresses they held for us would all be updated at the same time .

 

I thought there would only be one address as we only have one car and the owner and keeper are the same person.

 

Incidentally before we moved DVLA had the correct address both for the car and where we lived and we didn't do anything different this time in notifying our change of address as we did when we moved into our old address.

 

Accepting what you said though, what can we do to sort things out with PE without having to pay them.

[dx100uk]

just to clarify.

 

 

theres never been a case of PE involving court or HCEO bailiffs if a CCJ remains unpaid.

[ericsbrother]

You need to find out when the DVLA updated your KEEPER details.

 

 

I say again, if you only wrote a letter saying about licence details that doesnt make it the DVLA's fault as there are procedures you are supposed to use for both licence and vehicle that require the filling out of a form and returning the existing documents.

 

 

If they are at fault then PE are out of luck on the 14 day limit for POFA keeper liability.

 

 

If the DVLA got things right then PE were correct in writing to your old address and you have to look at other reasons such as signage, rights to make a contract etc.

[Oddfellow]

If you didn't return your V5C to notify DVLA of a change of address of the registered keeper for your vehicle, then not only were they correct in providing your previous address to PE, but you have also broken the law in not telling DVLA, and may end up with a fine (up to £1000) if you try to pin the blame on them!

[lookinforinfo]

I have received an LBA from PE stating that they will [stressed] take further action and court proceedings will be issued.

 

 

They say they are going for breach of contract.

 

 

Apparently I cannot use POPLA as I did not get the documents in time which although it was not their fault seems to have dropped my partner in it.

 

The breach of contract is that they are alleging that as she parked in a blue badge spot

 

 

one of the conditions that she should go to the hospital register with her blue badge to verify that she is able to park in a disabled place.

 

 

This despite the fact that as my partner is disabled she always has the blue badge on the dashboard to minimise the effort it needs for her to place the badge on the dashboard.

 

 

As they have CCTV they would be aware that she was a blue badge holder both entering and leaving the car park.

 

 

to charge £100 for that does seem exorbitant notwithstanding

 

the PE v Barry Beavis ruling.

[ericsbrother]

the cctv cant see the blue badge, it is a mickey mouse system that is worse resolution than a modern dashcam.

Is that condition about blue badges prominent on the sign, ie letters as big as the others and I dont mean the small print but eh bits that say things like private parking?

As we havent seen the signage qwe cant tell you, photograph it as a matter of urgency or you will be receiving a court claim.