Vinci charge notice - parking in Hospital

[citizenB]

Images edited and reapproved.

[Mike_hawk]

Have you contacted the LO to advise it that there seems to be a rogue PPC operating on its land?

[kyllerbuzcut]

Hi - sorry about the pictures. Didn't spot that other bit had the reg info too.

I have still not received any NTK yet...

 

Excuse my ignorance please, but what is a LO? (the hospital?)

 

I'm very tempted to contact someone to tell someone there are [problem] artists on the prowl, lol

[Mike_hawk]

LO is the land owner

 

An ECN is entirely different animal to a PCN [Parking charge notice], an ECN refers to an offence contrary to the Road Traffic Regs Act 1984, a Private parking co's PCN is a civil matter of contractual performance

 

Vinci believe it is entitled to issue a contractual charge [text within the ticket] but............ where are its signs?

[kyllerbuzcut]

Just a quick note to say still no NTK, adnd I've still not seen any Vinci signs anywhere around the hospital on my travels....

[Mike_hawk]

It's got a while yet, nothing it can do until the initial 28 days expire on the Notice to Driver

 

Have you spoken to the land owner or whoever is in possession about this?

 

Is Vinci attempting to rely on a contract between you and it buried somewhere within the conditions of your parking permit?

[kyllerbuzcut]

I have not contacted the Land owner ( the hospital trust) about this, but the renewal letter from the hospital car parking people says nothign about Vinci, and I can't see them mentioned anywhere else I've looked (hospital policies etc)

[Mike_hawk]

Then I'm mystified what it hopes to achieve by issuing PCN's on that specific land.

 

If it engages with the DVLA and issues a NTK it would be acting in contravention of the code of practice it signed up to in joining the approved operator scheme [bPA], that in itself is worthy of a formal complaint to both it, the BPA and ISPA

 

Code of practice s.18 is the relevant part http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2014_update_V5.pdf

[kyllerbuzcut]

It is possible it is in some small print I've missed somewhere, so will have another look on the trust intranet when I get a chance. Thank you all again.

[Mike_hawk]

It is possible it is in some small print I've missed somewhere, so will have another look on the trust intranet when I get a chance. Thank you all again.

 

I think any contravention of the code will stymie it, check the signage provisions and compare to what is physically at the parking site

[kyllerbuzcut]

After finally getting a chance to do some studying of the hospital car parking handbook on the intranet there.....

 

No where anywhere does it mention Vinci at all...anywhere. -D

 

Just eagerly waiting a NTK now so I can quote Code of practice section 18 back to them.

 

Is it worth then saying something like "Ahh- so it was YOU that stuck something to my windscreen, potentially obscuring my view while driving? Now I know who I can sue for interfering with my property?" lol

[Bazooka Boo]

Inform the Hospital that there is a rogue PPC operating on it's grounds......

 

I can't find anywhere on their website that says that this particular hospital is on their books...

[Mike_hawk]

Certainly seems a bit out of the ordinary....... even for the usual standards of PPC's

[kyllerbuzcut]

Just popped back in to say they never did follow up and send me a notice to keeper

 

I guess that's that then. Is there like a time limit where they might still send something?

[ericsbrother]

No, the NTK has to be sent between 29 and 56 days. Any sooner or later and it is just scrap paper.

There are still places that parking co's ticket people when their contract has expired. One company was even daft enough to take a punter to court and had to pay a few quid when the contract was shown to the judge. I believe that they were also told to refund every ticket they had payment for.

[Bazooka Boo]

Just popped back in to say they never did follow up and send me a notice to keeper

 

I guess that's that then.?

 

Have you informed the Hospital that there is a rogue cowboy outfit operating on their premises?

[kyllerbuzcut]

Hi all

Just wanted to update that the NTK FINALLY came through a couple of days ago - it is dates 20th October - WELLLllll after the 56 days from the incident.

 

Since the incident I have seen a Vinci car parking sign - next to the on site nursery. I don't think it is anywhere else in the hospital grounds. I was parked round the corner and down the street a bit from the nursery anyway, where there are different signs closer by, that don't say anything about Vinci.

 

I currently have the parking cowboys template letter and have filled in my details, but just before I send- thought I would check back in there to say thank you all for arming me with the required knowledge and for being there to provide it. You guys are great.

 

A couple of last questions though:

 

Should I even bother responding to the NTK now it has been so long?

And - as I am using the template letter to respond to the NTK, should I add a line about being more than 56 days and just tell them to sod off?

 

Thank you all once again

[silverfox1961]

I wouldn't bother. They have no authority to charge you anything. The NTK was late. This would be fatal if they took it to court.

 

Unless you feel like winding them up of course.

[Mike_hawk]

I'd think whatever you send it will reject, I personally wouldn't waste the price of a stamp on responding but........ that's me

 

If you do feel inclined to reply [and assuming it is relying on pofa, it'll be buried somewhere in the ntk] you could remind it that its out of time and it would be sensible to cancel the charge.

[ericsbrother]

leave them to waste some more money on another letter and then tell them that they are timed out for keeper liability and any further harassment will result in action being taken against them.

[kyllerbuzcut]

The dumbasses passed this onto a collection agency - and we received the letter today lol

 

It mentioned the latest Bweavis Vs Butthead... sorry Vs Parking Eye as if that meant people have to pay up or else now. When I did a simple search on the matter I discovered that this is just a ruling which says they can charge what they like and it's not excessive. It's nothing really to do with wether a parking notice is valid in the first place.

 

They have an email - and as recommended before I wasn't wasting the stamp money - but I finally couldn't resist an email though

 

So, armed with knowledge from you lovely guys and with some help from the template letter, from PC, here's what they got...

(PCN number was in the email subject)

"

With regards to your recent letter, received 23rd November 2015.

 

Due to the failure of Vinci Park Services to follow the procedures outlined in the BPA AOS Code of Practice, (Notice To Keeper only SENT on 20th October 2015, which is well beyond the validity date) the 'balance owed' is an invalid charge.

 

POFA 12 requires that if you wish to hold the keeper liable then the notice to keeper is served no earlier than 29 days and no later than 56 days of the alleged event.

Therefore as Keeper I am not liable for this charge and demand that you cancel it.

 

I have to advise that no balance is owed.

 

Continued further failure to follow the procedures outlined in the BPA AOS Code of Practice, or the legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct will lead to me making a formal complaint to the DVLA Data Sharing Policy Group, D16.

 

Please be advised that any further correspondence which attempts to claim money is owed shall be regarded as harassment, and further legal advice then sought.

 

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

 

Yours, blah blah blah "

[ericsbrother]

well, it is very generous of you to explain their job to them, they wont be any wiser but they will be better informed as a law lord famously said.

[kyllerbuzcut]

Update - the collection agency just replied to say they are taking their orders from Vinci ( now called Indigo apparently...I hope they get round to changing any signs they may have... not lol )

[Bazooka Boo]

Like wasting paper don't they!