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#Post#: 58930--------------------------------------------------
Hospital parking ticket validity - England
DIR By: Tetreg
Date: February 19, 2025, 3:12 pm
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Hi all. I have been parking regularly at a local hospital for
months and due to a persitent lack of space, have parked with
hundreds of others on verges and pavements (but not whilst
blocking them) without issues, so I essentially assumed it was
allowed, and have never seen anyone with a parking ticket
before. I have nevertheless recently recieved one. It is
described as a penalty chanrge notice on the packet, which I
thought could only be issues by the police and council? Is this
ticket still valid if the hospital is potentially misusing this
designation. Ive pasted an imgur of the notice and ticket packet
below.
HTML https://imgur.com/a/uy80udF
#Post#: 58957--------------------------------------------------
Re: Hospital parking ticket validity - England
DIR By: b789
Date: February 19, 2025, 8:08 pm
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It is an unlawful invoice and is unenforceable. The Trust is not
an AOS member of any ATA and cannot lawfully access DVLA Keeper
data. The drivers identity is unknown to them. They cannot hold
the Keeper liable because PoFA does not apply.
I suggest you send a formal complaint in an email to the Trust
(BOC@liverpoolft.nhs.uk and CC in yourself) as follows:
--- Quote ---
> Subject: Formal Complaint – Misrepresentation, Unlawful
Threats, and GDPR Breach Warning
>
> To: BOC@liverpoolft.nhs.uk
> From: [INSERT EMAIL]
> Date: [INSERT DATE]
>
> Dear Sir/Madam,
>
> I am writing to formally lodge a complaint regarding your
unlawful and misleading “Legal Notice of Breach of Contract”
placed on my vehicle, [INSERT REGISTRATION]. This complaint is
submitted under your NHS Trust’s official complaints procedure,
and I require a full written response within the timeframe
dictated by NHS complaints policies.
>
> [indent]1. Misrepresentation of a Penalty Charge Notice
(PCN)[/indent]
>
> The envelope affixed to my vehicle was marked “Penalty Charge
Notice,” yet the enclosed document refers to a breach of
contract. This is a deliberate and misleading attempt to imply
that the notice is a statutory fine, which it is not.
>
> By misrepresenting a civil parking charge as a Penalty Charge
Notice (PCN), your Trust has engaged in unlawful conduct. This
may constitute misfeasance in public office, as you have falsely
implied statutory powers that your NHS Trust does not possess.
>
> I will be escalating this issue to NHS England for a full
review of your Trust’s parking enforcement policies.
>
> [indent]2. Unlawful Threat to Obtain DVLA Keeper Data[/indent]
>
> Your letter states:
>
> [quote]“The Trust and its Agents reserve the right to approach
the D.V.L.A. in order to establish the details of the current
keeper of a vehicle.”
--- End Quote ---
This statement is legally baseless. Your NHS Trust is not a
local authority and has no lawful power to request DVLA keeper
details for private parking enforcement. Furthermore, Liverpool
University Hospitals NHS Foundation Trust is not an accredited
member of the British Parking Association (BPA) or the
International Parking Community (IPC), meaning the DVLA cannot
lawfully release keeper data to you.
If you have already accessed my personal data without a lawful
basis, you will have committed a serious breach of the UK
General Data Protection Regulation (UK GDPR) and the Data
Protection Act 2018.
- I will be reporting this matter to the DVLA Vehicle Record
Enquiries Team for investigation.
- I will also be submitting a formal complaint to the
Information Commissioner’s Office (ICO), which has the power to
fine public bodies that misuse personal data.
[indent]3. Freedom of Information (FOIA) Request and MP
Involvement[/indent]
To ensure full transparency, I will be making a Freedom of
Information (FOIA) request to your Trust demanding:
- A full list of any instances where you have accessed DVLA
data.
- The legal basis under which you believe you are entitled to
request such data. - Any agreements you have with private
parking companies relating to enforcement.
Furthermore, I will be asking my Member of Parliament to write
to your Trust demanding a full explanation of why you are
misrepresenting your authority and unlawfully threatening access
to DVLA data. You should expect a formal Parliamentary inquiry
into your practices.
[indent]4. No Keeper Liability – Case Must Be Closed
Immediately[/indent]
This is a private parking matter, and only the driver is liable
under contract law. As the Protection of Freedoms Act 2012
(PoFA) does not apply, you have:
- No authority to pursue the registered keeper.
- No legal power to compel me to identify the driver.
- No enforceable claim against me whatsoever.
There will be no admission as to who was driving and no
inference or assumptions can be drawn. You are attempting to
pursue this matter using unlawful and flawed contract law
allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. As I am under no legal obligation to
identify the driver, I decline to do so.
That is the end of the matter. Any further attempts to demand
payment from me as the keeper will constitute harassment and
unlawful processing of data.
[indent]5. Formal Complaint – Required Response[/indent]
This is an official complaint, and I require a formal written
response addressing each of the points raised. Specifically, you
must:
- Confirm that this charge has been immediately cancelled.
- Provide a full written explanation for your misleading and
unlawful conduct.
- Confirm that my DVLA data has not been accessed and will not
be accessed in the future.
Failure to respond appropriately will result in further
regulatory complaints and legal escalation.
Finally, in answer to any further demands for payment, I refer
you to the reply given in Arkell v Pressdram (1971).
Yours faithfully,
[INSERT NAME]
Registered Keeper[/quote]
You can leave out the last sentence of the complaint if you are
not familiar with the meaning of “Arkell v Pressdram (1971)”.
Complain about this to your MP.
#Post#: 59098--------------------------------------------------
Re: Hospital parking ticket validity - England
DIR By: Tetreg
Date: February 20, 2025, 3:00 pm
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Hi
Thanks for this reply, if I want to report potential data
breaches, it looks like I have to report it to the ICO?
#Post#: 59099--------------------------------------------------
Re: Hospital parking ticket validity - England
DIR By: DWMB2
Date: February 20, 2025, 3:05 pm
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Yes - they are mentioned in the suggested letter.
However, bear in mind that they haven't yet processed your data
at all. The notice left on the car windscreen says they will,
but they seemingly haven't yet. A complaint to the ICO about a
breach that hasn't yet happened may not get far.
#Post#: 59131--------------------------------------------------
Re: Hospital parking ticket validity - England
DIR By: b789
Date: February 20, 2025, 5:59 pm
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You can’t complain to the ICO until you’ve first complained to
the operator and received a response. You’re just given them a
heads up of what may be coming their way if the do breach your
GDPR.
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