Parking ticket on a disabled hire car

[esmerobbo]

Don't worry too much about threats from Trethowans. They have just been to court twice on NHS invoices and been slapped down. It may be awhile before they try again.

 

Was the car hire arranged through motorbility? If it was phone them and ask them to have a word with the hire company. If they get a lot of business off motorbility it may sway them!

 

I notice your in Liverpool, and your Dad has a heart condition was this Broadgreen?

[esmerobbo]

Well it was actually Aintree Hospital [faz] were Trethowans lost the case in Liverpool county court last week. So I don't think they will be rushing back.

I actually think they shoot themselves in the foot with the double yellow lines. Being in the Hospital they have no meaning anyway. However anyone with a BB can park on double yellow lines, as long as there are no other regulations. So it could be argued that the yellow lines are confusing.

 

I have an appointment in Broadgreen later, unfortunately I will have to add to Vincis coffers to park there. Trying to get a BB space by the Alexandra wing is near impossible.

[esmerobbo]

So Trethowans are saying they have won a NPO against the hire company, and they have your details?

 

If they have applied for an NPO and won that would have cost them a lot! If they have gone this far they are either bluffing or the next move could be a claim against you!! However given Aintree,s history in defended cases and their flawed contract, it would be a day out and a win for you!

[esmerobbo]

Wait for the summons to arrive if it does, then ask for help with moving it to your local court and defending it. I think they are on more of a sticky wicket then normal here. If the road is marked up with double yellow lines they are impersonating road markings, with a Blue badge you can park on DYL's so the markings could be shown to make the driver believe they could park on them!

[esmerobbo]

I am sure Al27 will pick this up, but in the meantime have you checked if the judgement is against your Dad?

[esmerobbo]

It seems strange that a court would cross out one defendant and hand write another in, and then make an order knowing nothing had been served on the defendant?

[esmerobbo]

Is that all you have got. Did you not say they sent you a "Judgement" with the hire company crossed off and your Dads name entered?

 

That's a claim form with rather poor particulars of claim.

Edited October 11, 2011 by esmerobbo

[esmerobbo]

That's the one, where it has defendant the hire companies name was crossed out and your dads entered?

[esmerobbo]

I have FOI'd Aintree asking for a copy of their "parking Regulations". However they do seem to believe they can issue "fixed penalty notices".

 

 

http://www.aintreehospitals.nhs.uk/Library/pdf_files/FT_Governors_Jan_07/FixedPenaltyNotices.pdf

 

Also the young lady who filed the claim form has a specialist area!

 

 

SPECIALIST AREA

 

Enforcement of Penalty Charge Notices (Car Parking)

[esmerobbo]

Have you received anything from Alexis?

[esmerobbo]

Not 100% sure but I think at this point just the reason for the set aside which is that you were never served the claim, and were not allowed to enter a defence. Hopefully someone can confirm.

Just write down the events regarding the receipt of the judgement as they happened,and explain it to the judge.

 

1 Solicitors claimed against hire company.

2 Won judgement.[Default/defended]

3 Hire company then set aside and gave your name.

4 Solicitors then reclaimed without you knowing and obtained a default judgement.

 

Once the set aside has been done its goes back too the start. However it may be worth taking along a brief outline of your defence.

[esmerobbo]

They are acting for Aintree and are denying they are fixed penalties.

 

Have a look at this!

 

http://forums.pepipoo.com/index.php?act=attach&type=post&id=9867

 

Mainly this sentence. "It facilitates a penalty being applied to motorists who transgress our parking rules"

Edited December 5, 2011 by esmerobbo

[esmerobbo]

In your case its different as you never entered a car park where the signs are that they are relying on, what is there to say what any parking restrictions there are between where you drove in to where you parked?

Then the argument is you parked on DYL which they chose to paint on the road. It is common knowledge that a Blue badge holder can park on a DYL if there is no other restrictions in force. Then you have the point of the security man telling you to park where you did. Them asking you to prove which security man told you to park is ridiculous how would your dad know his name?

 

I would be interested to know how they know disabled bays were available. Having been there 100s of times myself and having a blue badge I have never found one empty.

[esmerobbo]

I've never noticed any signs before the ticket but there are some as you drive in past the taxi rank- how the hell you're supposed to read them whilst driving and having 10 cars up your bum I don't know. Gonna drop my mum off on Wednesday armed with my camera!!

 

Watch where you park!!!!

 

The first sign I don't know if you have seen it is as you drive in from Lower lane is set back about 10 metres back from the road and 6 metres up a lamp post on the right. Get a picture of them so we can see what they actually offer or warn!

[esmerobbo]

Sailor Sam the local paper aren't interested as somebody else has already informed them of what's going on and they don't want to know

 

Indeed local paper and local radio have chosen to ignore this disgraceful waste of money by the hospital trust. £120,000 odd paid to their solicitors in the last two years! I was thinking of parking up at the hospital and putting the reg number of a well known local radio phone in presenter, or the news editor of the local paper on my car!

See if getting an invoice would wake them up to this operation!