TPS PCN Pilgrim Hospital, Boston, Lincolnshire

[ericsbrother]

If you arent intending to pay then it doesnt make any difference. If you intend to pay then dont bother appealing as the initail appeals to the operator are not independently scrutinised and generaly fail because the operator is only interested in money, not facts.

 

We know that most of the private parking charges are unenforceable so advise people on what to do to either get them cancelled or challenge the claim at POLA or court. We dont make decisions for you, it is your choice whetehr you think it is worth challenging the charge or just paying up and ending the matter. However, ther are 2 posters on here at the moment who paid up and still get harassed for the money,

 

parking co's are not properly regulated so there is no-one to complain to when they get things wrong. The trade associations are barely worth bothering with, the IPC are not honest brokers and beyond a joke. The BPA threaten sanctions but still support member operators who have been sanctioned alsewhere and others who have faced criminal prosecution dont even get a slap on the wrist.

 

So waht you do is up to you, we can advise on the correctness of any ticket you get, tell you f the nTK that you will receive creates a keeper liability ( the reason we say wait for it, they cant claim if they get it wrong) read the signage and offer comment on its enforceability, tell you how to challenge contracts and planning matters etc

Edited February 15, 2017 by honeybee13
Paras.

[ericsbrother]

well,

the main sign doesnt refer to other conditions so can be taken to be the contract.

 

 

the other sign may have more detail but falls foul of the Consumer contracts Regulations for distance contracts As the car park is P&D then what is written on the payment machine is the decider as that is what you accept by putting your money in.

 

 

If it is different to the wording on the other signs and doesnt mention anything that you are being clobbered for tough luck on the parking co. sight of the ticket machine and any sign attached needed please.

[ericsbrother]

your photograph of the entrance with both signs is absolutely perfect.

 

 

How are you supposed to read the one on the left whislt driving through and the ticket machine covered up. I love it.

 

 

Breach of contract? what contract, you wont be able to see the sign on the left from the driver's seat let alone read it whilst driving, it contradicts the main sign and the covered over machine mans that any applicable terms are suspended as they werent offered at the time.

 

So what to do

- well you appeal in writing NEVER email.

You say that there was no breach of contract because the signage at the entrance doesnt contain enough information to form a contract as it didnt offer anything to consider and there is no mention on that sign that TPS were offering anything or had any involvement with the parking.

 

 

Likewise the machine dispensing tickets had no contractual conditions that indicated or created a contract between the driver and TPS so no contract exists. This needless to say means there can be no breach of contract and no cause for you to demand monies from anyone.

 

Send a copy of this to the NHS trustees and tell them that as there is not cause for TPS to obtain your keeper details they are jointly liable for a breach of the DPA as they are your servants and you may sue them for the same using VCS v Philip, Liverpool CC dec 2016 as the precedent. The trust may wish to save themselves some money and a lot of embarassment by telling TPS to cease their baseless claim against you forthwith.

 

Now you need to find out the name of the chair of the NHS trust for the hospital. Dont go into any detail about why your vehicle was parked there, it is irelevant and will only muddy the water, this is not about parking, it is about a company making spurious claims for money and they are encouraging it and engaged in it.

[ericsbrother]

the point about a the covered machine and all of the signs is that they are confusing, cannot be read on the move and some of them not applicable or relevant as far as permission to park goes.

 

I agree with the potential for bedlam, hence the need for the parking co to use the brain cell they possess to make it blindingly obvious what it on offer at that immediate time.

 

 

I have said it often enough,

1 sign with a clear enough message about entering into a contract will do.

Barrier car parks are better in many respects because you have to stop and consider.

 

 

Unfortunately many hospital car parks that use them have a broken payment machine in the hospital foyer where you are supposed to pay after the event and no-one on site will take responsibility because that eats into the profits of the company running it and the hosptal administrator who gave them the contract will never get a new carpet for their office.

 

I keep mentioning a new carpet because the person who employed APCOA at a site where I worked got one so that must be the going rate for signing up these bandits.

 

 

One day they may read these threads and then my identity will be leaked all over the social media and people will say "that Baron XXXX is not the nice person he seems when he sits in the house of Lords". Only kidding, us hereditary peers dont get to go there any more

[ericsbrother]

The point about mentioning the machines is that they cannot create contractual conditions.

 

 

You dont say that you were interested in being bound by them,

you do not even say you were there as a passenger, let alone driver.

 

 

This is all about showing a lack of contract,

not about parking or hospitals or anything that personalises it.

 

 

You are making a general complaint to the hospital so you can leave in the pictures of the big sign and machine in your cpoy to them (there are more flaws in the signage that helps you later but I wouldnt waste your time on that detail now)

 

 

they know what you are on about and then cant say,

you must read the back of a fag packet signs near the bins or whatever

as they wont be responding without consulting the bandit who got a new carpet for employing them

and they will be blowing smoke to get the problem away from their door as quick as possible.

 

If the Trustees do respond the tell us what they say as generally they tell lies like

" we need the parking money to pay for vital medicines"

when that is absolutely untrue,

 

 

parking money CANNOT be spent like that.

[ericsbrother]

yes

[ericsbrother]

no, you havent had the matter dealt with by the hospital, which should ahve been done before you contacted TPS.

They are the masters but what will happen now is the parkinmg co will tell them that the matter has been reconsidered and surpise surprise, the outcome is still the same.

Homer and I gave you the same advice but you sem to have ignored it.

Still not too late to try againas ultimately the signage does not a contract make so even if the hospital wash their hands of the matter.

[ericsbrother]

well, why do you think you are writing to the NHS trust? they have the power to tell the parking co what to do on their land but by writing to the parking co first you have basically screwd the chances of this happening because when they contact the parking co they will respond and say that you have appeal to them and the matter has been dealt with.

 

If you had read any of the dozens of hospital parking threads you would have understood this from the outset even if you didnt understand it from the wording of the advice in your own thread.

 

However, I would still write to the boss of theTrust and tell them in no uncertain terms that they are employing a bunch of rogues who are ripping people off with their duplicitous signage and behaviour and that you will be making this fact more widely known.

Edited April 5, 2017 by honeybee13
Paras.

[ericsbrother]

you might get the former but you will never get the details of the contract as that will be "commercially sensitive" information.

 

 

In short, someone made a few bob from the deal.

All of the "fines" will go to the parking co because the law on VAT and corporation tax will kill the NHS Trust's status if they got the money directly.

 

It was high time that the government took this particular thorny issue to hand and either put an end to how parking is currently controlled or made it transparent and gave the hospitals the legal powers to manage it in a similar way to local councils.

 

 

Either of these choices have no place for third party income generation at the expense of the unfortunate (patients)

 

I'd say that's one question you need to ask, you can also ask total revenue from parking charges and from parking charge notices and how many cases have been referred for court action.

[ericsbrother]

you wont get the FOI back intime.

 

Your appeal should be that there was no breach of contract because you werent offered one that allows the parking co to claim a penny (send copy of the sign at entrance that shows the tariff but no other detail- sign 1 on this thread).

 

Also, the parking co failed to allow the 10 mins grace period to let the driver purchase a ticket etc so a breach of the BPA CoP.

 

You can say anything else you wish but these 2 points should be made because they will damage the parking co's chances of taking the matter further even if POPLA dont uphold your appeal.

Edited April 20, 2017 by honeybee13
Paras.

[ericsbrother]

when you appeal it costs the parking co money so do appeal.

 

 

Losing wont affect the legitimacy of your continued refusal to pay up afterwards, POPLA do not consider most matters of law.

 

Dont forget to ask to see the contract between the landlord and the parking co that assigns the right to make claims in their own name.

 

 

POPLA's usual response is to say they have seen the contract and it is valid when often it is not but do ask, you may want to use it against them at some point in the future

[ericsbrother]

concur.

Print off their evidence for hitting them with should POPLA think you can read signs from a distance of 36 miles.

If it was possible to resolve the letters on the signage at that distance the the signs would have to be at least 1800m tall. The CAA would have to approve those as well as the local council

[ericsbrother]

what exactly did POPLA say- post up their letter?

Also, ombudsman services Ltd have a twitter account. parhaps you should consider opening an account yourself just to show them up.

[ericsbrother]

I love the letter is headed "losers v binkyboy" to make it look like it is a foregone conclusion that they are the boys who will be taking you to court.

 

The even better news is IE Legal are to be dissolved tomorrow to avoid a compulsory striking off!

If you paid them it would be money down a black hole but it might be worth baiting TPS over this if you have the time.

 

I E Legal Solicitors ltd are still going but as they are the same husband and wife team are they really the sort of people you would lend a fiver to you should ask.

 

In short, not even in the champions league of rentathreats let alone premier division.