ParkingEye - hotel and panic attacks

lovell1905

Hi everyone,

I've read through the newbies' guide but wanted to get your thoughts on this to see if it's even worth appealing on the grounds of mitigating circumstances.

I've had a Parking Charge Notice through from ParkingEye that states the driver entered into a "hotel patron only" car park, spent 42 minutes there and then left, with a £60 charge to go with it.

The reason the driver was in that car park is because they had a severe panic attack (they suffer from anxiety and panic attacks, which can be confirmed by doctor's note if necessary) while driving along the nearby motorway and pulled into the first exit in order to stay safe (they were the only driver present and there was an infant passenger).

Once the panic attack had subsided and the driver deemed themselves well enough to conitnue they exited the car park immediately. They didn't check into the hotel as they weren't a patron and they didn't notice any signage on account of being in the midst of said panic attack.

I want to appeal this but all the templates I've seen are around the signage used at the car park. Is it even worth going down the "mitigating circumstances" route, or am I to cut my losses and just fork out the £60?

Thanks in advance - I couldn't see anything similar enough through search so hoping this is okay to post. Ironically if they'd had the panic attack a minute later they could have pulled into a nearby drive-thru and all would have been well!

Quentin

Mitigating circumstances never win appeals!


Follow the appeal route you have seen in the FAQ (including complaining to the hotel)

Redx

the reasons for appealing are legal reasons , not mitigation, so I posted the list in this thread here, in post #7

https://forums.moneysavingexpert.com/discussion/5883839/appeal-parkingeye-when-store-was-closed

so check if PE have failed any of those legal points

if the hotel were so inclined, they could cancel on mitigation, but its unlikely that PE will cancel, and mitigation plus a doctors note wont help unless you get a sympathetic judge in your local county court

Snakes_Belly

I have had a similar issue and it did not cut any ice with the PPC or the IAS. I am fighting my case on legal issues but I will also include the mitigating circumstances when it comes to court (which is likely).

I have been doing some reading up ready to fight my corner and I found some interesting information about my condition (migraine with aura). I was surprised to find that it is treated as a disability and therefore covered by the Disability Act. You don't have to be suffering all the time but must have had the condition for over a year. I assume that the driver has got a medical history.

There was also a recent case of a barrister who pulled in to a service area because he was tired, fell asleep and overstayed the two hours. Not sure what the legal points were in that case but it was costly for the PPC.

Snakes_Belly

"ParkingEye meets its match as it takes on a top barrister over an £85 fine" The barrister was Nicholas Bowen QC.

The barrister did fight the claim on the signage. PE was a no show.

The RAC supported the decision as they are concerned about the number of accidents caused by tiredness. Same scenario though if you are ill. If you don't feel safe to drive you have not got a choice other than to pull in at the first opportunity.

I am only a person who came onto the site for help not a regular but from what I gather the judges seem to be more understanding regarding the circumstances but have to make a decision based on legal principles. You have to give them something to work with such as unclear signage.

Umkomaas

I was surprised to find that it is treated as a disability and therefore covered by the [STRIKE]Disability[/STRIKE] Equality Act.

Fixed that for you. .

Best to quote from the current bit of legislation - Equality Act 2010.

Snakes_Belly

Thank you Umkomaas. I will put some information on my own thread.