Received PCN today

Mik123m

Hi all , I'm new to the thread so plz go easy on me . Today I received a PCN for £60 from VCS for stopping for 5 minutes while my disabled father seen to an emergency medical situation with his colostomy bag . I , as the driver never left the vehicle and my fathers blue disabled badge was on show . I seen the officer pull up behind me in his little van , snap a picture and then drive off again.
I have read thru the newbies post and I will be appealing the PCN following the template given in the post..I just have a few queries first if that's ok ?

1,, the letter states that the contravention date was 07/05/2014
But the issue date of this notice is 29/05/2014 , that's 22 days .
At the bottom of the PCN there is a section called IMPORTANT..there is a sentence there and I quote" if you are the vehicle keeper and you have not received this notice by the 14th day after the contravention date stated above , our rights under POFA2012 no longer apply. This notice will be deemed to have been served on the second working day after posting unless the contrary is proved",

Does this mean that they are to late in sending me the PCN and I don't have to pay ? Or am I getting confused..

Thanks in advance folks..........Mike

Redx

nope , they have up to 6 years to try to get payment for this invoice

POFA 2012 makes the RK liable if its on relevant land , but an airport is not relevant land so POFA 2012 does not apply anyway ( if this was an airport that is ? ), but if it did then 22 days is outside the 14 days stipulation so it cannot apply anyway and will form a part of your appeal too, no matter where this happened

basically , POFA 2012 doesnt apply so they can only chase the driver for this , if you told them who it was (you wont)

so send in the template letter and appeal as normal , knowing that as RK they cannot enforce it anyway , this will be rejected and get you a popla code, then use one of the scores of popla appeals on here for airports to beat them at popla , paying nothing at all

Mik123m

Thanks , the incident took place on new Mersey estuary , about 1 mile away from the airport , on a business park but where we stopped was at the bottom of a dead end road, not obstructing anything and somewhere private and away from public eye so that my father could deal with his medical emergency without fear if offending anyone, thanks for your help redx

Dee140157

I would add a point about the Equailty Act 2010 which gives protected characteristics for people with medical disabilities. I don't know enough about this, it see if you can read some other posts about this.

As you stopped purely because of a a medical reason, I think it is unlawful to proceed against you. But I don't know enough to advise you properly. Do some reading before you send off your appeal.

da_rule

For a medical condition to be classed as a disability under the Equality Act then it must have substantial and long-term impact on your ability to carry out day-to-day activities.

Mik123m

Dee I could send you the personal details of the situation via pm if thats helpful , the reason we stopped was why my farther is registered disabled , we purposely drove away from public areas where there may have been public facilities available because of the sensitive nature of the emergency and to try and help retain some dignity

Mik123m

In response to your last post dee , the reason he is registered disabled is because it impacts on his ability to carry out day to day activities

Dee140157

I am fairly new at giving advice on this forum and do not know enough about the law to give specific help. The person on the forum who seems to know most about disability and the law is Coupn-mad. She will doubtless see this thread in the next day or so and may be able to help more.

Just be patient. Read the Newbie thread, do a little research and wait for more specialist advice. As you only received the PCN today through post, you have a little time on your hands.

Coupon-mad

da_rule wrote: »

For a medical condition to be classed as a disability under the Equality Act then it must have substantial and long-term impact on your ability to carry out day-to-day activities.

Which would include anyone whose medical condition had resulted in a colostomy bag! For certain, they have 'protected characteristics' by virtue of a continuing condition - for life! Not that this OP needs to say much about it in the appeal (and MUST be careful NOT to just add random stuff that gives away who was driving)! So no rush to add to the template appeal 'I stopped because' or 'I did this/that'. NOPE: 'the driver stopped because a passenger needed to... blah blah Equality Act 2010.'

Mike you really just need to go to the NEWBIES thread at the top of the forum page one and send the template 'first appeal' off. That's all. I know you were struggling to see the 'new thread' button earlier but that's because - like now - you are on a single thread, not back 'home' on page one of the parking forum. So that's the step back you need to take to see the NEWBIES thread at the top and it's always ONE click away from whatever thread you are reading.

See my signature for where to click in the blue small wording link at the top of any form thread. It's a breadcrumb trail to get you back 'home' each time once you've read a thread. Click on the blue breadcrumb trail above - where my signature tells you to click - and hey presto you are looking at the thread list including the NEWBIES thread there at the top.

da_rule

Coupon-mad wrote: »

Which would include anyone whose medical condition had resulted in a colostomy bag! For certain, for life!

It would indeed, I did not know the nature of the disability.

Dee140157

It was in the original post at the top! Hence my questioning whether it should be a point in the appeal.