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Wednesday 5 June 2013

How to claim a parking charge back from Amersham or Stoke Mandeville Hospitals

This freedom of information request discloses that Bucks Healthcare Trust and their contractors, UKPC have been overcharging for parking charges issued at Amersham and Stoke Mandeville hospitals. Private companies are not allowed to charge you a 'fine'. They can only recover actual costs, which cannot include general running costs of a business such as staff wages, building rent, fluorescent parking warden jackets and so on. It also cannot include any element of profit, or a commission to a third party. The true typical cost of issuing a parking ticket is probably therefore around £5, which will be the £2.50 fee to the DVLA for getting your address, plus some postage stamps and stationery.

Bucks healthcare Trust have admitted that the charges include many non-allowed elements. This makes the whole charge invalid, and you are therefore entitled to claim your money back from Bucks Healthcare Trust and UKPC. You have six years to do this in, so you can claim back to June 2007; normally you would be expected to claim as soon as possible, however if there are reasons why you did not, such as you only found out you could when you read this blog, then this can be considered as a mitigating circumstance.

Here are the crucial admissions from the FoI request;

The client will receive 10% commission of all revenue received from PCN's issued.
For a charge of £60, this will mean £6 going to the hospital as commission. This is not an actual cost, and therefore not allowed.
The £30 payment covers UKPC administration and office costs (if the parking charge is paid within 14 days of it been issued). The increase to £60 covers additional administration to recover payment.
Administration and office costs are also not allowed as costs, because the business will pay these out anyway, whether or not a Parking Charge notice is issued. Only actual costs directly attributable to the Parking Charge are allowed.

Step 1 is to write a letter before action to both UKPC and Bucks Healthcare Trust


Finance Director
UKPC
Unit 29, 1-2 Denham Parade,
Oxford Road,
Uxbridge,
Middlesex UB9 4DZ

Finance Director

[Amersham HospitalWhielden Street
Amersham, Bucks
HP7 0JD]

or

[Stoke Mandeville HospitalMandeville Road
Aylesbury, Bucks
HP21 8AL]


Letter before action

To Finance Directors, Bucks Healthcare Trust, UKPC

Dear Sirs,

I paid a parking charge to you of [x] on [y-y-yyyy]. I have since found out that you have addmitted that you pre-estimate of liquidated damages for £60 was incorrect and includes charges which are not allowed. I refer you to these admissions in the Freedom of Information disclosure published here:
https://www.whatdotheyknow.com/request/contract_with_uk_parking_control#incoming-393359

"The client will receive 10% commission of all revenue received from PCN's issued."
and
The £30 payment covers UKPC administration and office costs (if the parking charge is paid within 14 days of it been issued). The increase to £60 covers additional administration to recover payment.
I regard this as invalidating the parking charge notice. I require you to refund me the full amount of [x] by [14 days time]. If this is not done, then I reserve the right to name both parties as defendants in a county court claim.

This should do the trick. If not, then in a later post The Parking Prankster will explain how for a simple £15 you can file a county court claim for your money back.

Don't worry about this costing the NHS money. UKPC have indemnified Bucks healthcare Trust against all costs in section 3 of the contact:
"On the said land, the contractor shall indemnify and keep indemnified the Client from any claim arising against either party."
Happy Parking

The Parking Prankster

The Parking Prankster would like to thank G. Bozzino for bringing this FoI request and Philter at  pepipoo for bringing it to his attention.

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