I regularly hear of vulnerable people being harassed and stressed about GP and hospital parking fines, hence writing this blog to clarify and dispel a few myths.
First of all, it is not a fine. A private parking firm CANNOT fine you. They simply issue Parking Charge Notices (an invoice) for an alleged breach of contract for parking on private land. Councils issue Penalty Charge Notices (fines) for infringements on public highways for offences such as parking in bus lanes and on double yellow lines.
ANPR technology is not foolproof and often automatically issue Parking Charge Notices that are not enforceable.
Driving around for 5 minutes to find a parking space falls under the consideration period and cannot be classed as parking a car. Photos of a car entering and exiting a car park is not proof of parking. Therefore, it cannot be said that a contract was formed and there was no breach of contract.
EASIEST WAY TO CANCEL A GP AND HOSPITAL PARKING CHARGE
If you receive a Parking Charge Notice at a GP surgery, contact the surgery as soon as possible. Explain what has happened and ask them to cancel it for you. They should be able to do so.
If you receive a Parking Charge Notice at a hospital, contact PALS (Patient Advice Liaison Service) as soon as possible. They can cancel these. Be polite but insistent. If they refuse to do so, escalate it to the NHS Trust CEO as a formal complaint.
If they say they will, always get confirmation in writing. Try and avoid contacting the parking firm.
WHAT DO I DO IF I CANNOT GET THE PARKING CHARGE NOTICE CANCELLED?
Don’t panic. If you must appeal it, do so within the set time-frames laid out on the Parking Charge Notice. Remember it’s merely an invoice – not a fine. Keep emotion out of it and stick to the facts.
Check the signage? Is it clear and compliant? Signs must provide sufficient guidance to make an informed decision before you enter into a contract. Take photos as evidence or use Google Street View to scope the car park.
Check the times. Consideration and grace periods apply. If the breach is only for a few minutes and you did not park, it can be argued that the invoice is invalid because no breach of contract occurred.
Check the dates. Parking Charge Notices need to be issued within 14 calendar days from the day after the parking event + 2 working days for postage to comply with Schedule 4 of the Protection of Freedoms Act 2012. If they are issued any later, appeal as Keeper citing there is no keeper liability or lawful basis to pursue it and you are under no obligation to identify the driver. You must now cancel this Parking Charge Notice and confirm in writing that the matter is closed.
Is the operator BPA or IPC approved?
Knowing this will tell you how to escalate it to the second stage if your first appeal fails (which they more than likely do).
If the parking firm is a member of the British Parking Association (BPA), request a POPLA code to escalate your appeal.
POPLA is an acronym for Parking On Private Land Appeals. About 40% of appeals succeed at the second stage.
If the parking firm is a member of the International Parking Community (IPC), you can escalate your appeal to the IAS.
IAS is an acronym for Independent Appeals Service. Only 6% of appeals succeed at the second stage.
EQUALITY ACT 2010
The Equality Act 2010 applies for disabled patients. The Equality Act provides strong grounds to challenge enforcement where reasonable adjustments were not made. This applies to parking firms for Parking Charge Notices and Penalty Charge Notices issued by councils.
Both have a duty to provide reasonable adjustments.
Being expected to ‘take your blue badge to reception to register’, or ‘scan your blue badge at the payment machine’ have been introduced. These place an unfair burden on disabled motorists which regular drivers do not have to bother with. This is likely to breach the Equality Act 2010. Wherever possible, a disabled motorist should get their vehicle added to the exemption list so they do not have to register every time.
Mobility issues or chronic fatigue meant that it took you longer to return to your vehicle.
You have a passenger who is a wheelchair user and it takes time to get in and out of a vehicle, meaning you were not able to comply with the strict time conditions of the car park.
A medical appointment overrunning due to a condition which is captured as a disability, meaning that the GP needed to spend more time with you.
The scope is vast. If you can directly link your medical condition or disability to what you consider to be an unfair parking ticket, you have good grounds to appeal it.
If you are vulnerable or disabled, don’t let automated systems and red tape prevent you from asserting your rights. The Equality Act 2010 is a powerful tool. Use it.
MY APPEALS HAVE FAILED? DO I NEED TO PAY?
No you don’t.
Parking firms and parking associations cannot enforce payment. Only a court can enforce payment, and that is only if you ignore a Letter Before Claim and the parking firm secures a default County Court Judgement (CCJ).
THIRD-PARTY DEBT COLLECTORS ARE SENDING THREATENING LETTERS DEMANDING £170. WHAT DO I DO?
Do not contact them under any circumstances. Do not be intimidated by debt collector letters. They are powerless and have no enforcement powers to enforce alleged debts owed to parking firms.
The only letter that needs a response is a Letter Before Claim / Letter Before Action. You need to respond to that as it’s a precursor to court action.
Have you had any similar experiences with GP and hospital parking? What are your thoughts on this? Feel free to share your stories or ask questions in the comments.
That article is very interesting – and useful if you want to dispute a parking notice/invoice in a GP or hospital car park but what are your rights in public car parks ostensibly owned by a public body where responsibility for the car park has been handed over to a private company? How does disputing a charge work then?