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#Post#: 13887--------------------------------------------------
Queen Elizabeth Hospital PCN
DIR By: Goatzie1234
Date: January 17, 2024, 11:05 am
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Hi all,
just received a PCN from Wise Parking for 'not parking wholly
within a single marked bay'.
On that day the driver had an emergency as the driver's partner
was having medical issues. The driver parked outside of a bay
temporarily while the driver helped the driver's partner into
the hospital before returning to the car and parking it in a
bay. This process took less than 10 minutes and the vehicle was
not causing an obstruction. The driver was able to pay for
parking while the driver did this, and for the extra hours the
driver and the driver's partner then spent in A&E.
The driver was wondering if there was a grace period for parking
outside of a bay?
Also, could the driver claim back what I had paid for parking
during this period?
This PCN did not come from ANPR, it must have been an inspector,
however, no ticket was left on the car. The just took pictures
and recorded the time by the looks of it.
Thanks!
Lee
#Post#: 13889--------------------------------------------------
Re: Queen Elizabeth Hospital PCN
DIR By: John U.K.
Date: January 17, 2024, 11:49 am
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Are you sure it's not a private parking ticket?
Please post up all sides of the PCN - at the moment we do't even
know which of the many Q.E.Hospitals this is.
#Post#: 13892--------------------------------------------------
Re: Queen Elizabeth Hospital PCN
DIR By: Goatzie1234
Date: January 17, 2024, 12:50 pm
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Ah, sorry.
This is Queen Elizabeth hospital in South East London.
From what i understand, the NHS contract Wise Parking to manage
carparks at some of their hospitals.
[attachment deleted by admin]
#Post#: 13896--------------------------------------------------
Re: Queen Elizabeth Hospital PCN
DIR By: John U.K.
Date: January 17, 2024, 1:17 pm
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It's a Parking Charge Notice (private) rather than a Penalty
Charge Notice (Council).
Ive asked a mod to move to
HTML https://www.ftla.uk/private-parking-tickets/
#Post#: 13897--------------------------------------------------
Re: Queen Elizabeth Hospital PCN
DIR By: Goatzie1234
Date: January 17, 2024, 1:20 pm
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Sorry about that
#Post#: 13898--------------------------------------------------
Re: Queen Elizabeth Hospital PCN
DIR By: DWMB2
Date: January 17, 2024, 2:01 pm
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Sorry to hear about the medical situation - hope your partner
and baby are well.
Looking at the contravention, you may be 'bang to rights',
assuming the signs make clear that vehicles must be wholly
within marked bays.
Regarding your specific queries:
- There is no grace period for parking outside of marked bays.
There's what is often referred to as a 'consideration period' -
the minimum time for this is not specifically defined by the
IPC's Code of Practice (it is in the BPA's: 5 minutes), but it
essentially means that a motorist must be allowed sufficient
time to consider the terms of the contract on offer and decide
whether or not he accepts it, before he can be deemed to be
bound by the contract and thus liable for charges. The issue
here will be that you chose not to consider the terms on offer,
and instead went straight into the hospital (this is entirely
understandable given the situation of course), and could
therefore be deemed to have accepted the contract by conduct.
- You won't be able to claim back the cost of the parking
already paid for
A good first step would be to speak to the Patient Advice and
Liaison Service (PALS) at the hospital in question, explaining
the situation and asking if they can intervene. Parking
enforcement in NHS car parks is supposed to deter misuse, not
penalise patients. Admittedly in this case your parking might
fall into the category of what might be considered 'misuse', but
you can try and appeal to PALS' good nature here.
#Post#: 13900--------------------------------------------------
Re: Queen Elizabeth Hospital PCN
DIR By: Goatzie1234
Date: January 17, 2024, 2:31 pm
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Thank you.
Sadly, yes, the sign does specify parking within bays.
I will contact PALS.
I read on another thread that judges tend to throw out cases of
not parking wholly in bays as they are often deemed de minimis.
Have you heard this?
[attachment deleted by admin]
#Post#: 13903--------------------------------------------------
Re: Queen Elizabeth Hospital PCN
DIR By: DWMB2
Date: January 17, 2024, 3:17 pm
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--- Quote from: Goatzie1234 link ---
>
> I read on another thread that judges tend to throw out cases
of not parking wholly in bays as they are often deemed de
minimis. Have you heard this?
>
--- End Quote ---
Which thread is that?
The concept of de minimis non curat lex is that the courts are
not concerned with trifling matters (for example where any
alleged contravention is so small as to be insignificant). Where
this is applied to marked bay scenarios is generally where a
parking operator has issued a charge because, as an example, one
tyre is slightly brushing the white line of the bay the driver
has parked in, with no discernible impact on anybody. I think
you would struggle to argue that a case where the vehicle is
entirely outside a bay altogether is de minimis.
#Post#: 13909--------------------------------------------------
Re: Queen Elizabeth Hospital PCN
DIR By: Goatzie1234
Date: January 17, 2024, 4:53 pm
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Fair enough
#Post#: 13925--------------------------------------------------
Re: Queen Elizabeth Hospital PCN
DIR By: guest46
Date: January 18, 2024, 2:06 am
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I'd assume any parking outside marked bays thrown own might be
where wheels are on dividing bay lines etc? In the image you
posted the car isn't anywhere near a bay so de Minimus might be
a reach!!
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