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atlantic
Hi,

My partner had to take her mother to hospital for a follow-up appointment, she has suffered a brain haemorrhage and is infirm and cannot look after herself.

There were no parking bays in the hospital and only a disabled space outside on the road, she parked in there and recieved a fixed penalty notice on her window.

Click to view attachment

(offence M6 states:the vehicle was waiting in a parking place and was not of the class or description specified to be left in that parking space)

She forgot to respond to it and has now recieved through the post this letter:


Click to view attachment

If this was just a case of parking in the disabled space for convenience then she would pay without any gripes, but because her mother is infirm it was a neccesity. She does not have a disabled badge but would meet the criteria.

Is there anything obvious that can be seen on any of the paperwork so that she can question the ticket?

I am the registered keeper of the vehicle so the second fpn was addressed to me, however I was not the person driving that day.

Any advice?
Teufel
geneally the only advice to those who park in disabled bays
without blue badges is dont do it and be thankful you only got fined
howver your story warrants a full repsonse

you may consider simply paying as the effort of
going to court is considerable and you are unlikely to win
and will get the 50% higher fine and costs

the ticket is a police FPN and so all the stuff
about the RTA 1991 and PCNS NTOs being defective
does not apply

the FPN is a way of effectivly admitting guilt for the offence
and avoiding court - if there were defects in the FPN
(which i dont think there are) the offence still stands

it is the driver who is responsbile for the offence not the RK
though they will try and prosecute you if you are not the driver
and will not tell them who is
(there is some disagrement about the police/court powers
here but i am sure just saying it wasnt the RK and
im not telling who was driving is not likely to stand)

it will go to magistrates court if not paid
outcome is a gamble - you may get sympathy
you may not - probably not if there are alternative parking
facilities - if you were parked for a very short time and dropping
off or if it was an emergency then you may have some defences
from the alighting exemption and also elicit more symapthy

there is an expmtion for alighting though its availibalilty
in disabled bays is questionable - you may need to check the TRO

alighting includes the driver taking a disbaled person into a building
and leaving the car empty

see patas case wanambwa v southwark
this would only cover the period of alighting - not the full appointment

sympathy would only got to mitigation as the offecne is probably
proven and the fine is fixed so will nit help much

if guilty you will get costs - maybe 20 quid or so

if pleading not gulity driver will have to go to court

i suggest you try and get a blue badge for your mother
you can then use it when you drive her anywhere
in the future
patdavies
QUOTE (Teufel @ Sun, 10 Sep 2006 - 15:13) *
it will go to magistrates court if not paid
outcome is a gamble



No it doesn't.

An FPN only transfers to Court if it is challenged. If it is simply unpaid, the fixed fine will be enforced as though it had been issued by a Magistrates' Court.
Teufel
agreed that is what happens

has anyone challenged this as it seems most strange

person A commits and offence (parking)

person B the RK who has committed no offence
and does nothing gets stuck with person As fine
for As offence

where is Bs right to fair trial ?
what about individual criminal responsibilty ?

in speeding cases there is seperate offence under s172
for the RK not providing driver details and this is heard
as a seperate court case

in DCPE the penalties are not criminal offences
and the RTA 1991 specifically gives owner responsibilty
for payment of these
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