CP Plus parking ticket at Southern General Hospital *SCOTLAND*

[sabrah13]

Hi

I was wondering if anyone had to pay for a fine at the southern general hospital.

 

I got a ticket for overstaying the 4 hrs limit by CP and

 

was not sure if i should pay or ignore.

 

I am not sure if things have changed over the past year for them to pursue payments nowadays.

 

Please do advise. Thanks

[dx100uk]

hi sarah

 

its not a fine.

 

what letters have you have so far please?

[ericsbrother]

was it a ticket on the windscreen of the car or a demand sent through the post? if the latter when did you park there and when did you receive the demand? Timings of these things is critical for knowing how to respond to them.

[sabrah13]

hi sarah

 

its not a fine.

 

what letters have you have so far please?

 

Hi, Thanks for replying. I found it on my drivers window on my return. It says I have breached a contract that was detailed on the site through signs. Thanks

[sabrah13]

Hi Thanks for responding. Yes...it was on my windscreen on my return today. I parked at A and E and then parked at the multi storey car park where they have said that i had overstayed. I did not exceed the 4 hrs on either site. Thanks

[silverfox1961]

Hi and welcome.

 

Southern General Hospital. That wouldn't be in Scotland would it?

 

Different rules apply to Scotland. So long as the ticket says 'PARKING charge notice' rather than PENALTY charge notice' you will be fine.

 

I would wait for the 'notice to keeper' to arrive then we can deal from there.

[sabrah13]

Hi, Thanks for responding. The title reads as

'Notice issued by CP plus limited, £40 unauthorised parking notice'

'Exceeded max stay in multi'

'for breach of contract in accordance with the conditions of contract relating to parking as detailed on the signs at the site. A charge of £4o is now due for the following reason:

Reason code: 01'

The code is 'exceeded free maximum stay time'

Does this make a difference?

I have been a driver for the past 12 years and never had anything like this and so I am really worried. I had to take my friend to the Maternity ward in the morning and then she was picked up by her husband and i stayed over for my own appointment. This is a nightmare! I feel terrible...I am not a rule breaking person. It feels like a real long day.

Thanks for replying so quickly. It feels good to know that I am not alone.

[silverfox1961]

The guys which have the relevant Scottish knowledge will pop in once I change the thread title to reflect that this is a Scottish matter.

 

As you were at the hospital for more than 4 hours and not vanishing elsewhere, I would contact the hospital and complain as they do have to make arrangements for people who have to stay for longer than 4 hours.

[dx100uk]

if its Scotland you ignore them.

[bluebear1872]

http://www.sundaypost.com/news-views/news-review/parking-fines-may-not-be-enforceable-in-scotland-1.85628

This might be of use.

[havinastella]

Just send this

 

I refer to your invoice dated the xxxxxx

 

In response, I would ask you to note the following.

The registered keeper/owner of a vehicle is under no obligation whatsoever to provide details of the driver or any other information to a commercial company of no legal status of any description. (Scottish Jurisdiction).

 

In addition, liability for payment could only be determined by a Sherriff under Scottish Civil Law and such demands should not be confused in any way with Penalty Charge Notices issued under the terms of a Road Traffic Order.

 

Furthermore,, where a ticket has been issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, the driver could argue that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

What the regulations state

 

A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

 

A term shall always be regarded as not having been individually negotiated when it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

The previous paragraphs are also supported by the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract

 

Transferral to a debt collection agency and the threat of additional charges is also in my opinion questionable for the following reasons taken from the Office of Fair Trading Debt Collection Guidance.

 

 

2.6 Paragraph H.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money.

 

2.8 Paragraph A

Sending demands for payment to an individual when it is uncertain that they are the debtor in question.

 

2.8 Paragraph J

Requiring an individual to supply information to prove they are not the debtor in question.

 

2.10 Paragraph B

Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. .

 

I am also aware that I am under no obligation to engage in any way with debt collection agents.

 

In Conclusion, the contents of this correspondence should not be considered as a letter of appeal, but as total denial of liability..

 

I hope this clearly outlines my position.

 

Yours faithfully

[ericsbrother]

As you have a ticket on the windscreen I wouldnt be writing to the parking co at all but leaving it to them to contact you.

 

The laws of trespass are different in Scotland and more importantly the Protection of freedoms Act doesnt apply there either

so the parking co can only chase the driver of the vehicle for any supposed breach of contract

and the keeper is not obliged to help them determine who that was.

 

By not contacting them they have to do all of the running and spend their money applying for the keeper details

and when they write to that person then you can tell them to get lost as per the post above.

 

If you are then so minded, you can complain to the DVLA about the fraudulent request for your data

and complain to the BPA about their member harassing you as the keeper

when the company know full well that there is no entitlement to chase anyone other than the driver.