(case won!!) would diabetes be grounds to appeal for pcn?

Ron_James

-monky- wrote: »

I know it's a different council, but this shows they are at least considered:

Thanks for this Monky, been looking everywhere for anything related, i will try this and let people know how I get on.

If anyone else reads this and knows of anything else that may help please do leave a comment


Thanks

kandyfloss

Hi Ron,

Please try this site as there are lots of members on there who have had Diabetes for many years and so may be able to give you some advice as to how to go about getting your fine quashed.

http://www.diabetes.co.uk/diabetes-forum/

You will probably have to join to ask the question and I don't think you can add photos on there,but not quiet sure.

When I was diagnosed back in January I was just told by my diabetic nurse to Google the above site and it is there that I found most of my info about type2 diabetes as I wasn't told much about the condition at all and found it quiet depressing to start with.

Don't you men carry man bags these days?Lots of the men folk in my village have them so one would be ideal for carrying your snack supplies,or failing that your glove compartment{throw out the gloves first}as you have already mentioned:D

Coupon-mad

Ron_James wrote: »

Thanks for this Monky, been looking everywhere for anything related, i will try this and let people know how I get on.

If anyone else reads this and knows of anything else that may help please do leave a comment

Thanks

Here's a link to the Chief Adjudicators' Report from last year, should prove helpful.:)

Read from page 23 onwards where it explains that Councils have to give proper consideration to mitigating circumstances. If Councils don't, then the Adjudicator can recommend the Council to cancel the NTO and 'reconsider'. At that stage, the best practice is for the matter to be referred to the Council’s Chief Officer. If a decision is not given within 35 days the Council is deemed to have accepted the Adjudicator’s recommendation:

http://www.manchester.gov.uk/egov_downloads/Item_6_Enclosure_Adjudicators%E2%80%99_Report.pdf

QUOTE
'Compelling reasons'
A topic which is frequently raised in these annual reports is the concern of the
Adjudicators that some Councils do not give proper weight to mitigating
circumstances...

...If any Council has in the past doubted the obligation to consider mitigation
Regulation 4(2)(b)(ii) of the Appeals Regulations makes it clear that whether or
not any of the statutory grounds of challenge apply if there are compelling
reasons why in the particular circumstances of the case the enforcement
authority should cancel the penalty charge it should do so.
QUOTE


So the short answer is keep appealing it - and at Notice to Owner (formal appeal) stage, quote the 2009 Parking Adjudicators' Report at them if they have at first declined your informal appeal! If they still refuse then it's off to the Adjudicator to rap their knuckles (one would hope...).

slummymummyof3

Ron, how regularly do you test your bloods? Did you test them around the time that you got your ticket?

forgotmyname

If you say you needed to stop as you felt faint & dizzy, I would worry they will inform the DVLA that you are unfit to drive a motor vehicle.

HGV driver at work had to have a very strict diet & tablets to control his onset of diabete's. Checks at least every 2 weeks.
If his tests came back that the diet & tablets were not working he would lose his HGV licence.
Always wondered how they would work with a standard licence.

Wifes friend got prosecuted after being found asleep at a set of traffic lights, Licence revoked for not notifying the DVLA of her condition and tablets she was taking.

Scary stuff.

peter_the_piper

Especially for other drivers.

Ron_James

CASE WON!!!!:j

Sorry about the big letters but as you can imagine I am very pleased.


I appealed on the grounds that I suffer from type 2 Diabetes, I very rarely get caught out but on this occasion I did and it was safer to simply stop and grab a snack. I'm no lawyer (obviously) and I did not use any particular technicalities, I simply pointed out the facts, also including the fact it was 9.30pm on a saturday and i was clearly not blocking any traffic, emergency services etc.

I also did NOT provide any proof of receipt from the shop, or proof that I have diabetes, though the main reason, as stated in my appeal for not providing medical certificates was that the doctors charge £20 to supply such information that is to be given to a 3rd party, obviously I did not see it fair for me to have to pay that and clearly stated this

Although medical grounds are not stated as reason for appeal, they are obviously considered.

Thankyou everybody for you help

taffy056

Well done to you

Alexis27

Well done!

Sounds like this is a decent council.

peter_the_piper

Alexis27 wrote: »

Well done!

Sounds like this is a decent council.

Normally I'd say that's an oxymoron.
Congrats to OP on joining an evergrowing band.