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Zwypl
My colleague got this PCN some time ago. This was given a few minutes after expiry of the P&D ticket.

They have written to Barnet with their medical conditions and of course Barnet could not care.

Paperwork below, I would point out that:-

1) The observation time should have been five minutes not two.

2) The observation time should have started after the five minute grace period.

3) The parking fee there is £2 per hour and the machine swallowed £3 and that is stated on teh receipt but only allowed one hour of parking.

4) On rejection letter (below) there is a typo on the observation time.

PCN & P&D







Email

I refer to the above penalty notice that I received on 19 Sep 11.

The issuing of this PCN was most unjust and unfair and was issued by an overzealous and extremely inconsiderate traffic warden.
Please see the attached pay and display ticket that was displayed on my windscreen and you will note that the expiry time is 12.09pm.
Unfortunately, I am Type 1 diabetic (I can corroborate this, if required) and when I was nearing the car upon my return, I suffered a 'hypo' (Hypoglycemia) where my blood sugar level dropped too low and it is impossible for me to continue without stopping to intake sugar or dextrose and waiting for the increase in my glucose level.
Upon reaching the car, I saw the warden in the process of issuing the ticket and I tried to explain this but to no avail. There was simply no willingness for any sort of consideration at all even though I was only four minutes late! By the time I saw I wasn't getting anywhere with my explanations the ticket had been issued!

I can substantiate all of the above and I trust you will kindly confirm the cancellation of this Charge Notice.

(On a separate note, you will note that even though the price for the pay&display was £2 for the hour, I actually paid £3. Hence, I paid one £1 more than is due for the parking up to 12.09pm.)

REJECTION





SchoolRunMum
I think I would send some more evidence of your diabetic condition and reply straight away with it (copy of prescriptions, GP's note if he/she will provide one for free, etc).

Ask whether they may reconsider your mitigating circs now you have supplied more evidence - and ask specifically for information showing that regard was given to the Equality Act 2010 in their general policy on mitigating circumstances relating to chronic medical conditions, and individually how the Act was applied in your case.

It may work, nowt to lose and if not they may trip themselves up with the reply. They HAVE to pay regard to the Equality Act 2010 and a lack of detailed reply could maybe help you.
Zwypl
Thanks but I have around two days to pay £30 unless it goes up to £60 so if anyone can say a strong argument or confirm my points above, I would be very very grateful.
mashkiach
Do you have documentation or photo showing that the price is £2 per hour? If this is the case he has paid for until 12:39. It may be that the TMO disallows parking over 1 hour.

Zwypl
Thanks, they cant do that now, as the bay is suspended and the signs are covered.
SchoolRunMum
QUOTE (Zwypl @ Thu, 8 Dec 2011 - 13:38) *
Thanks but I have around two days to pay £30 unless it goes up to £60 so if anyone can say a strong argument or confirm my points above, I would be very very grateful.





Nobody can promise either way as you are putting forward mitigating circumstances which the Council may accept, or not.

You either pay the £30 online by Sunday or carry on appealing as suggested, knowing that it's 'all or nothing'.
spaceman
QUOTE (mashkiach @ Thu, 8 Dec 2011 - 18:44) *
Do you have documentation or photo showing that the price is £2 per hour? If this is the case he has paid for until 12:39. It may be that the TMO disallows parking over 1 hour.



I wish it were the case that tickets are always issued for time paid for. Unfortunately this is not the case. Some council P&D machines do (Bromley), some don't (Bexley). If you overpay in Bexley, you lose it. There's no excuse for this and it's a total scam.
hcandersen
At an appeal I attended last year the driver put forward the argument of being prevented from driving off for reasons beyond his control. In that case the driver suffered from diabetes and was appealing against waiting on a SYL. The adjudicator gave him a close examination and I lost count of the number of times the appellant reached into the large bag he'd bought with him to take yet another swig of sugared water. The adj didn't just accept the argument and critically examined him e.g. whether if he had these attacks while driving he should be driving etc. But he allowed the appeal.

I've not seen a traffic order which has the same exemption for parking places as for yellow lines, but I think you could still advance that argument as a defence and not just as mitigation. Was the driver prevented from driving off by circumstances beyond his control whether these occurred at the vehicle or immediately preceding his return? On the basis of what you've said even if the driver had returned to the car a couple of minutes earlier it would have been unlawful for him to drive the vehicle as he would not have been in a fit condition to do so.

HCA
mashkiach
QUOTE (spaceman @ Sat, 10 Dec 2011 - 15:21) *
QUOTE (mashkiach @ Thu, 8 Dec 2011 - 18:44) *
Do you have documentation or photo showing that the price is £2 per hour? If this is the case he has paid for until 12:39. It may be that the TMO disallows parking over 1 hour.
I wish it were the case that tickets are always issued for time paid for. Unfortunately this is not the case. Some council P&D machines do (Bromley), some don't (Bexley). If you overpay in Bexley, you lose it. There's no excuse for this and it's a total scam.
I would like to have a peek at the TMO.
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