Hospital parking charges
Appointments overrun and emergencies happen. The rules that govern most hospital car parks expect operators to take that into account. We put the facts and the evidence in front of them.
Who issued the charge
Charges at hospital car parks are often called hospital parking fines, but most are not fines. Many hospital car parks are run by a private parking company on behalf of the NHS trust or the hospital's owner. A charge from that company is a private parking charge: a claim under a contract, with an appeal to the company and then to POPLA or the IAS.
Some hospital car parks are run directly by the trust, and some nearby roads and car parks are enforced by the council, which issues penalty charge notices under a different process. The notice will say who issued it, and that decides the rules and the appeal route.
Mitigation the rules recognise
Parking companies that belong to the British Parking Association or the International Parking Community must follow the Private Parking Sector Single Code of Practice. Its Appeals Charter deals directly with situations that are common at hospitals:
- Where the driver or a passenger suffers the onset of illness, or is delayed by an overrunning medical appointment, the operator must treat that as a mitigating circumstance and reduce the charge to a set lower amount for 14 days. This applies to the first charge, with evidence, where no independent appeal is lodged.
- Where a vehicle was driven onto the land because of an emergency outside the driver's control, such as serious illness, the code says the charge must not be pursued once evidence is provided.
- Operators are told to consider the spirit of the charter: where there is clear evidence of illness or emergency, it should be taken into account in deciding whether to uphold the appeal, offer a reduced settlement or cancel the charge.
- Late appeals must be considered where there were exceptional circumstances, which the code says can include being in hospital as an in-patient.
For NHS hospitals in England, the Department of Health and Social Care's car parking principles also apply. NHS trusts must follow them under the NHS Standard Contract. They say that extra charges should be waived when overstaying is beyond the driver's control, for example when treatment takes longer than planned, and that a grace period should normally apply before a charge is issued. Trusts are responsible for the contractors that run their car parks.
Evidence that helps
- The appointment letter or text, showing the date and time
- Anything showing when you were seen or discharged, such as a discharge note or a letter from the department
- For a visitor, something showing why the visit took longer than planned
- The parking ticket, payment receipt or app record
Signs, grace periods and Blue Badge holders
Hospital car parks often have several zones with different terms: patient and visitor parking, staff permit areas, drop-off points and accessible bays. The terms that apply to the bay used must be clearly displayed, and the code requires at least one sign with the terms to be readable without the driver needing to leave the vehicle.
The code also requires a consideration period, so that drivers can find a space and read the terms, and a grace period after the parking period ends. A charge must not be issued during the grace period.
For Blue Badge holders:
- Under the NHS car parking principles, Blue Badge holders attending an NHS hospital in England as a patient or visitor should receive free parking for the length of their visit.
- Where a car park recognises the Blue Badge scheme, the signs must make clear where the badge is to be displayed, any extra time allowed, and anything the driver needs to do to claim it. They must also make clear that Blue Badge rights on public roads, such as stopping on yellow lines, do not apply on the site.
- Where a valid Blue Badge was not displayed but the holder was in the vehicle, and supplies a copy of the badge, the code requires the operator to reduce a first charge. It does not apply where a tariff was payable and not paid.
- Operators must have regard to the Equality Act 2010. The code notes that people with disabilities may reasonably need longer consideration and grace periods and more time to pay, and that this matters when appeals are considered.
What ParkingEye v Beavis means for hospital charges
In ParkingEye Ltd v Beavis [2015] UKSC 67, the Supreme Court upheld a charge for overstaying a free period at a retail park. The test it applied is whether a charge is out of all proportion to the legitimate interests of the operator and the landowner, and the clear, prominent signs in that case were an important part of the decision.
The case does not mean that every hospital charge is enforceable, but it does mean that an appeal usually needs to rest on the facts, the signs, the code and, for the keeper, Schedule 4 of the Protection of Freedoms Act 2012, rather than on an argument that the charge is too high.
What we do
- Gather the evidence of the appointment, delay or emergency with you, and present it clearly
- Check the signs, zones, payment options and Blue Badge terms
- Check the notice against Schedule 4 and the code's grace and consideration periods
- Ask the NHS trust to look at the charge where its car parking policy applies
- Appeal to the operator, then to POPLA or the IAS, on your written authority
What we do not do
- Promise that a medical reason will lead to cancellation
- Deal with complaints about your care or treatment, which go through the NHS complaints procedure
- File, sign or send a court defence for you, or write to the court on your behalf
- Handle hospital car parks in Scotland or Northern Ireland
If a court claim arrives, see what happens next.
Health information
An appeal based on illness or a medical appointment usually needs some evidence. We only ask for what the appeal needs, such as a letter showing the appointment time, and we send it to the operator only with your consent. What you send us is not protected by legal professional privilege.
Common questions
My appointment ran late. Will the charge be cancelled?
We do not guarantee any outcome. Under the code, an overrunning medical appointment is a mitigating circumstance that the operator must recognise, at least by reducing a first charge, and at an NHS hospital in England the car parking principles say charges should be waived where the overstay was beyond your control. Evidence of the appointment time is important, so send whatever you have.
I drove someone to A&E in an emergency.
Where a vehicle was driven onto the land because of an emergency such as serious illness, the code says the charge must not be pursued once evidence is provided. A record of the attendance is usually the most useful evidence.
I am a Blue Badge holder and forgot to display my badge.
If the badge was valid and you were in the vehicle, the code requires the operator to reduce a first charge when you send a copy of the badge. At an NHS hospital in England, the parking principles also say Blue Badge holders should park free as patients or visitors. We raise both points where they apply.
I work at the hospital and was given a charge.
Staff parking usually depends on a permit and the trust's own policy. The NHS principles provide free parking for night shift staff and disabled staff. It can help to raise the charge with your employer as well as the operator.
Our status
Appeal Specialists is an independent consultancy, not a law firm. We are not solicitors or barristers and we are not regulated by the Solicitors Regulation Authority or any other legal regulator, so you cannot complain about us to the Legal Ombudsman.
We provide non-reserved legal services only. We do not conduct litigation, file or serve court documents, or accept service of court documents for you. Where the law allows, we can speak for you at a small-claims hearing or a tribunal, but only with your agreement and, at small-claims hearings, only if you attend.
What you tell us is not protected by legal professional privilege. We never hold your money. We work on matters in England and Wales only. We do not guarantee any outcome.
All correspondence by email
We deal with everything in writing, so every point and every deadline is on the record. If you are replying to a letter from us, please quote our reference.