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#Post#: 47928--------------------------------------------------
Re: Barnet Hospital-Parkingeye-waited in carpark, didn't leave
car
DIR By: b789
Date: December 2, 2024, 3:40 pm
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What’s your rush? You have two weeks before the appeal deadline.
#Post#: 48394--------------------------------------------------
Re: Barnet Hospital-Parkingeye-waited in carpark, didn't leave
car
DIR By: barnet driver
Date: December 5, 2024, 3:21 am
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This morning, I received this from Royal Free parking services,
rf-tr.parkingrfl@nhs.net.
Dear ....
Our sites are controlled by ANPR and register the length of time
you stay and therefore payment is needed for that time,
unfortunately the system will not pick up whether you have found
a parking space or not and that is why the PCN was issued. If
you cannot find parking, you would need to find alternative
parking. However as this is the first PCN issued to this vehicle
I have cancelled it as a gesture of good will on this occasion
and you will receive formal notification of this in due course.
#Post#: 48403--------------------------------------------------
Re: Barnet Hospital-Parkingeye-waited in carpark, didn't leave
car
DIR By: DWMB2
Date: December 5, 2024, 4:34 am
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Excellent - Plan A works again. Good result! If you don't
receive confirmation it has been cancelled then chase up.
#Post#: 48411--------------------------------------------------
Re: Barnet Hospital-Parkingeye-waited in carpark, didn't leave
car
DIR By: b789
Date: December 5, 2024, 5:09 am
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--- Quote from: barnet driver link ---
>
> Our sites are controlled by ANPR and register the length of
time you stay and therefore payment is needed for that time,
unfortunately the system will not pick up whether you have found
a parking space or not and that is why the PCN was issued.
>
--- End Quote ---
Pretty damning evidence of their ability to frustrate any
contract. Any chance you can show us the actual letter received?
A copy of Royal Free parking services letter acknowledging the
system's limitations and arranging for the cancellation of the
PCN could potentially be used by others receiving PCNs from the
same operator at the same location to argue frustration of
contract or other defences. Frustration of contract occurs when
unforeseen circumstances outside the control of the parties make
the performance of the contract impossible or radically
different from what was agreed.
In this case, if a driver is unable to park because no spaces
are available, it can be argued that the fundamental purpose of
the contract (to provide a parking space) was frustrated. The
hospital's acknowledgment that the system does not differentiate
between searching for a space and parking supports the argument
that a contract to park could not have been properly performed.
The letter demonstrates that the system is flawed and creates
unfair situations where drivers are penalised for circumstances
beyond their control. This would strengthen an argument that any
purported parking contract was frustrated because the driver was
willing to comply with the terms but was physically unable to
due to no fault of their own. The operator's reliance on such an
inflexible system makes the contract inherently unfair and
unenforceable.
The letter also supports an argument that the parking terms are
unfair under the Consumer Rights Act 2015, particularly if the
signage did not adequately explain that drivers could be charged
even if they were unable to find a space. The operator uses a
system that penalises drivers who cannot benefit from the
service offered.
Anyone receiving a similar PCN could argue the operator is aware
of the system's limitations (as evidenced by the letter). The
same unfair situation applies to them (e.g., no spaces
available, time spent searching counted as parking).
If the management cancelled the PCN for one person, it
establishes precedent and undermines the operator's claim of
fairness and enforceability.
However, there are some risks. The letter may contain personal
or case-specific details. Any shared version would need redact
such information to avoid privacy concerns.
The operator might argue the cancellation was a discretionary
gesture rather than an acknowledgment of broader system flaws.
To counter this, other affected drivers could combine this
evidence with their own specific circumstances to demonstrate a
pattern of unfair practices.
So, while the letter alone may not guarantee the success of
other appeals/claims, it is a valuable piece of evidence
highlighting systemic flaws and could significantly bolster
arguments of frustration of contract or unfair terms. If someone
in a similar situation wishes to use it, ensuring it is
anonymised and paired with their own specific evidence will
strengthen their case.
#Post#: 48435--------------------------------------------------
Re: Barnet Hospital-Parkingeye-waited in carpark, didn't leave
car
DIR By: barnet driver
Date: December 5, 2024, 7:11 am
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Pretty damning evidence of their ability to frustrate any
contract. Any chance you can show us the actual letter received?
I only received this in a email
#Post#: 48493--------------------------------------------------
Re: Barnet Hospital-Parkingeye-waited in carpark, didn't leave
car
DIR By: mickR
Date: December 5, 2024, 12:05 pm
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save the email as a pdf, edit and post up.
or photograph edit and post up
#Post#: 48498--------------------------------------------------
Re: Barnet Hospital-Parkingeye-waited in carpark, didn't leave
car
DIR By: mickR
Date: December 5, 2024, 12:19 pm
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[member=26]b789[/member]
further to RF admission of inadequacies in the system as a whole
it is further discredited at Barnet by the numerous "staff
parking areas" which are grossly inadequately signed. so you can
trigger anpr and enter a very large car park often stationary
for lengthy periods then unwittingly enter staff only areas. to
make things worse the parking areas behind A&E are administered
by a different NHS dept. and PALs do not have any sway.
this admission by RF could help many people
#Post#: 48548--------------------------------------------------
Re: Barnet Hospital-Parkingeye-waited in carpark, didn't leave
car
DIR By: barnet driver
Date: December 5, 2024, 7:17 pm
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I hope this helps and would appreciate to hear back if this
helps anyone
[attachment deleted by admin]
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