Civil Penalty Notice issued at NHS hospital

[Touran Ted]

I was issued with a CPN whilst on company business at an NHS hospital. I was actually attending an emergency call to a life support medical device. I had purchased a permit which allowed me to park in a staff bay; however there were none available so I parked in a disabled bay.
Due to the vast amount of building work taking place at the hospital, parking is very limited.

The CPN was issued by the first management group, for non display of disabled badge. The CPN states” you are therefore required to pay a penalty charge of £40 within 28 days”. “A discount penalty charge of £15 will be accepted in settlement of the penalty charge if paid within 14 days”. The reverse of the CPN states ” should payment not be received within the specified times, a summons will be issued in the county court where judgement will be sought for debt to include any and all costs incurred in recovery”.

I drive a company car which is leased by my employer; therefore I am not the registered owner.

I have 7 days left before £40 charge kicks in.

I would appreciate some guidance on how to proceed as I am loathed to pay this charge.

[Barnsley Boy]

The complication is the lease company. There is probably something in the terms and conditions that allows them to either pay fines on your behalf or pass letters on to you at £15 a pop.

You need to obtain the t&cs of the lease and put the lease company on notice that this is not a fine but just an unenforceable invoice which should not be paid.

Private parking companies depend upon implied contract based on signage, nothing to do with official council Penalty Charge Notices which are based on statute [Road Act 1991 as amended].

They mimic official paperwork, most punters fall for this believing they have to pay - they don't - DON'T PAY!!!

the following links explain all

Private Parking Companies/Charges - Advice Paper (everything you need to know)

Private Parking Tickets - Template Letters

[Touran Ted]

I have contacted the vehicle lease company and they are going to flag this up as being disputed.
And therefore they will not pay the CPN penalty.

I take it that I should now just sit tight and wait for first management group to pursue/harass me for payment

[Bernie_the_Bolt]

Originally Posted by Touran Ted

I have contacted the vehicle lease company and they are going to flag this up as being disputed.
And therefore they will not pay the CPN penalty.

I take it that I should now just sit tight and wait for first management group to pursue/harass me for payment

I hope you got that in writing!

[Touran Ted]

Update:

The car lease company have been contacted by a debt collection agency asking for payment of £75.
The lease company are going to pay this add £25 admin fee and pass it to my employer who will then pass this onto me.

I have asked the lease company not to pay but they say it is there policy to pay.

Where do I go from here?

[Al27]

Is your employer just going to forward you the paperwork? How are they going to demand that you pay?

There is no debt in the first place, so the lease company are very stupid to pay a non existent debt. They lose the money and will have to make an effort to get the money off your employer.

It's a chain, but the problem is what pressure your employer will put on you.

In the meantime, I would write a vociferous letter of complaint to the leasing company.

Point out that the leasing T&Cs may cover bonefide fines, but as private companies cannot issue financial penalties all they have stupidly done is pay an unenforceable invoice. As any competent leasing company would know this, you can only conclude that they are a shambles or that they purposely paid the money in an attempt to make £25.
Maybe you could say that neither you or your employer will be paying the unforceable invoice so the leasing company will have stupidly given their money away.
Maybe mention the fact that you also refuse to pay the sum of £xx for the privilege of saving somebody's life.

[letshelp]

Hi Touran Ted,
Did you follow BB's advice and get the fact that the leasing company acknowledged the 'fine' was in dispute, in writing?
If they pay that easily, I have a £10,000 'fine' for you, could you please forward to the leasing company concerned?
regards

[Touran Ted]

Just to clarify the situation. I have not had any correspondence with the private parking company. The lease company have said that unless I have lodged an appeal with the PPC then they will pay the debt collection agency the amount they are asking for.

Today I was advised by a union legal representative to pay up because I have no defence. And I should have gone through the PPC appeal process if I didn't agree with the CPN.

I am now totally confused.

Any good solid advice would be much appreciated.

[Al27]

Ah. Your 'union representative' sounds like he doesn't know what he is talking about.

There is no appeals process. I think he's getting confused with a proper fine given out by the council.

*If* the lease co paid the PPC, by what process exactly does your employer/union intend to get the money from you.

Whoever pays the unenforceable/incorrect/fraudulent invoice is immediately out of pocket with no recompense.

[letshelp]

Agree with Al, if the lease company pay the 'fine' then they are out of pocket and thats what I would tell them. The Union rep is completely wrong in what he states because this is not a lawful 'fine', it is unenforceable.
regards