Disabled parking charge

  • Creator
    Topic
  • #222310
    Phaedra
    Participant

      Just got a £50 fine notice.

      Took my daughter to urgent care last bank holiday Monday and parked in a disabled bay with badge showing.  Rang the hospital parking line and they said I’m already registered so no need to ring.

      Got the notice this morning and rang the company, they say I parked in the health centre car park (same hospital grounds) and should have used the tablet in the reception, as we didn’t go to the health centre I obviously didn’t see it or know about it.  Apparently there are 2 parking companies covering the hospital grounds.

      Told her I’d appeal and she said it would be rejected so no point.  Company is SABA

      Please excuse spelling/typos. Apart from being a clot it turns out I had one on my cerebellum that's now causing various problems!

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      Replies
    • #222311
      volkswin
      Participant

        Hi

        First thing dont panic and pay unless issued by a local authority these are not fines but parking invioces.

        Usual advice is to use the  appeals process first if nothing else these delays the parking company form escalting the charge.

        Lots of online information and advice especially on Martin Lewis money saving expert site and pepipo forum.

        All though I dont know the full ins and outs I think you would be able to challenge this quite easily, I have never paid a parking charge that has involved a person with a disability.

         

        #222313
        Phaedra
        Participant

          Thanks, I did have a quick look on Pepipoo and MSE but it’s all a bit confusing.

          When I rang 111 they told me to go to Pallion Urgent Care, so that’s why I parked in that entrance to the hospital.  Urgent Care isn’t there, it’s about 50-75yds further up next to the main hospital entrance.  If they’d have said that I would have been in the “correct” car park even though they’re all in the hospital graounds.

           

          Please excuse spelling/typos. Apart from being a clot it turns out I had one on my cerebellum that's now causing various problems!

          #222315
          volkswin
          Participant

            Hi if you go on pepipo site  and leave the an account of what happened usually one of the admins for want of a better term will give you some advice.

            Its also worth looking at the signs in the particular car park, signs must be clear and in this case i would think point out that the car park for the health centre is not the same one for the hospital and that vehicles must be logged on the tablet in reception.

            As I mentioned earlier I dont know all the inns and outs of your situation, but you indicate you had a medical emergency, parked in a disabled bay with the badge displayed and parked  if this is indeed the case then I doubt the parking company would take it any further.

            Also if the person you spoke to told you not to appeal the this could be in breach of the BPA (British Parking Assocation) code of conduct (I believe SABA are a member) as the parking appeal in this case would be dealt by POPLA (Parking on Private Land Appeals) and should be in theory ‘independent’ and have nothing to do with SABA.

             

            #222316
            volkswin
            Participant

              Just a thought you say it was a bank holiday, is the health centre open on a bank holiday or was it open at the time you visited the hospital? if not then how could  they  expect you to use the tablet in reception.

              #222321
              MFillingham
              Participant

                The invoice is as a result of an implied contract.  The argument is that you engaged with the contract by parking in their car park being already aware of the restrictions.

                 

                The obvious argument sits around how clearly the separation between the two parking areas is and how clearly you understand who you are engaging with.  In simple terms, it can be argued that you did all that was necessary in ringing the required number.  If the signage isn’t sufficiently clear for a ‘normal person’ to understand that this part of the car park is run by a different company, they’re on thin ice.  They’ll say what they can to convince you to pay.

                 

                I'm Autistic, if I say something you find offensive, please let me know, I can guarantee it was unintentional.
                I'll try to give my honest opinion but am always open to learning.

                Mark

                #222322
                Phaedra
                Participant

                  Thanks for the replies.

                  According to their website it says, “closed on Saturdays, Sundays and Bank Holidays”

                  Looking at the NHS info it says Urgent Care is in the Pallion health Centre and shows photos of it as well as directions to it.  I also found something from the Sunderland Echo local newspaper from 2021 they said Urgent Care was being moved into the main hospital building, which is where it was when we visited.  If the NHS had given the correct details I wouldn’t have used that entrance/car park in the first place!.

                  Please excuse spelling/typos. Apart from being a clot it turns out I had one on my cerebellum that's now causing various problems!

                  #222324
                  volkswin
                  Participant

                    If the health centre was shut then you cannot be in breach on the implied contract or enter your detials on the tablet.

                    I would appeal with the main defense being that I had been advised by the NHS etc  park in that area as the  as it was the closest avialble parking avialable for the medical emergency, also mention that the health centre was closed on the day in question and so I could not use the tablet in the health centre etc etc.

                    #222319
                    Robert Dobson

                      Good point about the bank holiday

                      #222328
                      Jojoe
                      Participant

                        How long were you parked? Mrs Joe once got out of a parking ticket for parking in an unloading bay with badge displayed. A previously used argument is that 15 minute loading unloading time is not sufficient for a disabled person, someone argued this in court and won. Mrs Joe quoted the case in a letter to the council, they backed down. Could be worth adapting the time argument to meet your case.

                        #222329
                        kezo
                        Participant

                          Clarify with the hospital in writing/email that urgent care is now in the main hospital building. Armed with an email or letter clarifying this, you already have proof that the medical centre is closed weekends and bank holidays from their website. Present both of these to the parking firm in question and request the pcn is squashed or you’ll take it to court.

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