Home / Advice / Patient Transport Exemption — NHS Ambulance and Hospital Transport Vehicles

nhsUK · England, Wales and ScotlandDifficulty: easy

Patient Transport Exemption — NHS Ambulance and Hospital Transport Vehicles

Vehicles operated by NHS ambulance trusts and patient transport services (PTS) have implied authority to park on NHS land in connection with their patient transport duties. A private parking company managing NHS car parks has no authority to issue charges to NHS patient transport vehicles attending to transport patients. Any charge issued to an NHS transport vehicle is ultra vires the operator's contract with the trust.

Legal basis

NHS trust contract with parking operator (implied terms); NHS England guidance; Equality Act 2010 (patient transport often involves disabled patients)

How to identify this in your case

An NHS patient transport vehicle, ambulance, or community transport minibus has received a parking charge at an NHS site. The vehicle is operated by an NHS body or its contracted transport provider. This should never have been charged.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

I am writing on behalf of [NHS Trust / PTS Provider] to appeal parking charge [reference] issued to vehicle [registration] at [hospital/NHS site] on [date]. This vehicle is an NHS patient transport / ambulance service vehicle operated by [organisation] under contract with [NHS Trust]. It was parked at [location] in direct performance of patient transport duties. NHS operational vehicles attending NHS sites in connection with patient care have explicit or implied authority under the NHS trust's arrangements with the parking operator to park in connection with operational duties. This parking charge is completely misconceived. It should be cancelled immediately. We request confirmation of cancellation within 5 working days. If this charge is not cancelled, we will escalate to [NHS Trust] Chief Executive and to NHS England.

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Sources

NHS England patient transport guidance
Implied terms in NHS/operator contracts

Related appeal grounds

NHS/DoH Guidance — Hospital Parking Free for Disabled, Frequent Outpatients, and Carers