Disabled Parking Bay

firhillfill

Before anyone jumps on my back and says I shouldn't have been there in the first place please read on...

I'm from Glasgow and was driving in Leeds at the weekend. I have quite severe asthma and i began to have an attack whilst driving, this is the first time this has ever happened. Not knowing any of the roads and being in quite a severe condition where it was more dangerous to continue driving (potentially putting lifes at risk) than to stop at the nearest oppurtunity, I decided to stop, this happened to be a disabled parking bay. I would never normally park in this type of bay as I understand that its not right, and understanably frustrating for disabled people but given the situation that was the safest option. Anyway the space was close to a chemist that I'd managed to find on my phone so I ran round to the chemist for some help and left my girlfriend in the car, and of course the warden came and my girlfriend explained the circumstances - he said that he had to issue the ticket but that I can appeal the ticket. He said that as part of his report he would submit the details.

I can get a medical cover letter stating my condition, but is there anything else that I could do to help my appeal? Or anything else?

I know some people may not want to help out of principal but I genuinely didn't have any other option.

bromsgrovebarry

Did you park in a council or private car park?

missile

I don't understand how you could run whilst having an asthma attack?

firhillfill

It was a council space, and when i say run, i didn't mean literally run. Run as in got there as quickly as i could in the circumstances.

Coupon-mad

firhillfill wrote: »

It was a council space, and when i say run, i didn't mean literally run. Run as in got there as quickly as i could in the circumstances.

Just put in a simple informal appeal telling them what happened and enclosing evidence.

As well as your general medical evidence of asthma from your GP, can you also ask the chemist for a short note confirming the date & time & nature of the specific urgent issue you had that day? Would the chemist recall how bad your condition was, if so ask if they would please help by writing a note on their headed paper with dates & times.

Enclose the GP and chemist's notes and finish your appeal letter by saying that you told the CEO about your medical emergency and he/she said they would note it down.

Therefore, say to the Council that if they do not accept your mitigating circumstances then please could they forward with their reply a copy of the CEOs notes which relate to you and your vehicle. Since you firmly believe the PCN should be cancelled and you will have no hesitation in referring your mitigating circumstances to the adjudicator.

Be aware that Councils are 'supposed to' cancel a PCN if mitigating circumstances are established, this has been made clear by adjudicators' reports & guidance. But also be aware that MOST Councils don't accept many informal appeals at all and just plough on with a rejection, regardless. It's a game of bluff to them.

So WHEN you get your letter of rejection saying they've considered your circumstances but tough, please don't think it means you don't have a case!

The next stage will be they would send you a Notice to Owner and you (the Owner) can then formally appeal (again). Post back here for advice if it comes to that.

There is no risk of costs as long as you follow the appeals system and meet deadlines, even if the adjudicator doesn't find in your favour you'd only have to pay the non-discounted fine so IMHO it's worth running with it.

Rolandtheroadie

I'd have parked right outside the chemist if it was that serious.
It's all very well helping people to get off with parking tickets, speeding fines etc, but must we have all the crap and lies?

Coupon-mad

scotsman4th wrote: »

I'd have parked right outside the chemist if it was that serious.
It's all very well helping people to get off with parking tickets, speeding fines etc, but must we have all the crap and lies?

Who is to say he/she didn't park as close outside as they could, whilst steering the car to a halt asap? Maybe there were cars parked outside the chemist or it was in a pedestrian only road?

People can walk/run while having an asthma attack you know - it's the body's response to an emergency isn't it (fight or flight, not just roll over and stop breathing!).

I don't know what on earth you are on about with the second bit about lies?

Rolandtheroadie

Coupon-mad wrote: »

People can walk/run while having an asthma attack you know - it's the body's response to an emergency isn't it (fight or flight, not just roll over and stop breathing!).

I don't know what on earth you are on about with the second bit about lies?

Where did I state they couldnt run or walk?
The lies comment is a generalisation about made up stories on here to try and make a story more plausable, not a direct dig at the OP.
By all means appeal, but get a more plausable story together.
If I had severe asthma, I would have an inhaler with me. If I had forgot it and was having an attack miles from home, I wouldnt think of using my phone to find a chemist. Hospital perhaps, but a chemist? Do they give out Asthma medicine over the counter? (I know my sons is prescription only).

TheBogsDollocks

Below is an extract taken from Leeds City Council's cancellation policy.

Emergencies

[FONT=Arial,Arial][FONT=Arial,Arial]An emergency is an unforeseen situation, which prevents a motorist from moving his/her vehicle. They are usually of a medical nature and leniency is exercised where it is felt that the motorist could not have foreseen the situation and/or had no chance to return to the vehicle. [/FONT]
[FONT=Arial,Arial]It is useful to remember that there is an exemption for motorists who were unable to move their vehicle due to ‘circumstances beyond their control’, and to consider whether or not the circumstances fall into that category. [/FONT]
[FONT=Arial,Arial]Where a driver makes a claim for cancellation on the grounds that either he/she or a passenger is taken ill or injured in any way, proof is requested in the form of a letter from the GP. If the letter does not cover the date of the PCN, or it relates to a pre-arranged doctor’s visit, the PCN will not be cancelled. There may also be cases where it is clear from the proof submitted that the motorist has been advised not to drive, and if this is the case, the PCN will be upheld. [/FONT]


[FONT=Arial,Arial]It seems, if Leeds stick to their policy, that you simply need a letter from your GP confirming on such a date you suffered an illness that required urgent attention. With such a letter you will win at adjudication if Leeds play silly bug gers.[/FONT]
[/FONT]

firhillfill

Thanks for all the help guys. Appreciate it. As for those accusing me of lying, you can beleive what you like. In the circumstances a chemist was as good an option as i could come up with, for all i know the nearest doctors/hopital could have been miles away as, as I said I'm not from the area. Generally in a city centre theres some sort of chemist on the majority of streets. I stopped at the closest/safest possible oppurtunity and that happened to be a disabled bay. I should be able to recieve a letter from my doctor anyway so hopefully that should be enough.

Coupon-mad

firhillfill wrote: »

Thanks for all the help guys. Appreciate it. As for those accusing me of lying, you can beleive what you like. In the circumstances a chemist was as good an option as i could come up with, for all i know the nearest doctors/hopital could have been miles away as, as I said I'm not from the area. Generally in a city centre theres some sort of chemist on the majority of streets. I stopped at the closest/safest possible oppurtunity and that happened to be a disabled bay. I should be able to recieve a letter from my doctor anyway so hopefully that should be enough.

Good luck!

We are on your side (there's always one who's negative but don't let it put you off).