sudden medical emergency defence

Meddy

3. On 30th March 2018, it was wet with constant light rain and low visibility. The defender returned to his residence feeling very uncomfortable and in need of to urinate. however, there were NO parking spaces available, he circulated several times around the compound looking for a parking space but there were NONE. Feeling so desperate and in excruciating pain, as he suffers from several disabilities (bladder cancer, urge incontinence, Nocturia, Type 2 Diabetes and Spinal Stenosis among many others) he was forced to leave his car and rush to his home in order to relieve himself. several minutes later returned to his car he was given PCN. I have medical evidence to support my case. I have to submit my defence by the 08/11/2019. all helps would be greatly appreciated.

Ralph-y

welcome to the forum...


we need to know a little more ..


who is the PPC?


"I have to submit my defence by the 08/11/2019"


what stage are you up to? have you received actual court papers ?

or
is this for a first appeal?


Ralph:cool:

Meddy

greeting! Gladstones is the solicitor acting on behalf of UK Car Park Management Ltd.
yes, it is the first appeal. I've already AOS 17/10/19.
I've NO court date yet but need to sent my defence (N9B) form

The_Deep

The scammer is unlikely to give a fig for the circumstances. However, if it gets to court, quote MC1 in your defence.

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspxki

Meddy

Ralph-y wrote: »

welcome to the forum...


we need to know a little more ..


who is the PPC?


"I have to submit my defence by the 08/11/2019"


what stage are you up to? have you received actual court papers ?

or
is this for a first appeal?


Ralph:cool:

greeting! Gladstones is the solicitor acting on behalf of UK Car Park Management Ltd.
yes, it is the first appeal. I've already AOS 17/10/19.
I've NO court date yet but need to sent my defence (N9B) form

Fruitcake

If this is you first appeal, presumably you did not appeal the original NTD/PCN that was left on your car then.

Is the car park part of a residential site where you live? If so, what does your lease/AST say about parking?
Just as importantly, what doesn't it say about parking?

Meddy

Case Details

Authority Transport for London
Contravention date 15 Nov 2017
Contravention time 16:45:00
Contravention location O/S 57-63 Park Road NW1
Penalty amount GBP 130.00
Contravention Footway parking
Decision date 01 Feb 2018
Adjudicator John Lane
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
The appellant attended.
The issue of this appeal is whether the vehicle was parked with one or more wheels on any part of a road other than a carriageway and whether the circumstances amount to an exemption as expressed in Section 15(3) of the Greater London Council (General Powers) Act 1974 (as amended).
The exemptions are: A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that the vehicle was parked –
i) in accordance with permission given by a constable in uniform; or
ii) for the purpose of saving life or extinguishing a fire or meeting any other emergency; or

iii) for the purpose of rendering assistance at the scene of an accident or a bona fide breakdown involving one of more vehicles, and –
such assistance could not have been safely or satisfactorily rendered if the vehicle had not been so parked; and
the vehicle was not left unattended at any time while it was so parked; or
for the purpose of loading or unloading goods {for a period not exceeding 20 minutes or such longer period as the council may permit}, and –
the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been so parked; and
the vehicle was not left unattended at any time while it was so parked.
A carriageway is a way for vehicles only. It follows then for a contravention to occur one or more of the vehicle’s wheels must be on a road, which is not the carriageway.
A road is defined by section 142 of the Road Traffic Regulation Act 1984 as any length of highway, or of any other road to which the public has access. That is the general public. This can include a private road or even private land.
A road is generally all land from the building line on one side to the building line to the other. It typically has a carriageway in the middle with footways on either side. A footway may include ‘crossovers’ which give access from the carriageway to adjoining premises. They may all be part of the road, as may be grass verges, flower beds or paved areas.
The Road Traffic Regulation Act 1984 states that a parking place is a place where vehicles of any class may wait. Parking is thus waiting. Waiting is stopping, which is more than merely nominal.
I have examined carefully the evidence from both parties but the evidence provided by the council persuades me that the contravention occurred.
The Greater London Council (General Powers) Act 1974 (as amended), section 15, creates the contravention that, "Any person who causes or permits any vehicle to be parked in Greater London with one or more wheels on any part of a road other than a carriageway shall be guilty…." There is no requirement to provide signage to indicate that footway parking is prohibited, only to provide signage indicating where it is permitted.
The contravention was created by an Act of Parliament and cannot therefore be invalid.
Legally I am satisfied that the vehicle parked on the road or highway with at least one wheel off the carriageway.
he is 85.
He had driven from Hindhead in Surrey and had become delayed in traffic. He has provided evidence from his doctor and has also provided chis own personal evidence, which I accept. He stopped there in what was for him an emergency situation. He needed the lavatory. He said there could have been a motor accident if he had not stopped to relieve himself. I accept that.
Unlike Transport for London I had the opportunity of meeting and asked him his age.
I find that this for him was an emergency and can also be deemed objectively to be an emergency situation..
An emergency is defined as a sudden unforeseen occurrence needing immediate action.
I will therefore allow the appeal.
there's a lot of similarities to my case ...

Meddy

Fruitcake wrote: »

If this is you first appeal, presumably you did not appeal the original NTD/PCN that was left on your car then.

Is the car park part of a residential site where you live? If so, what does your lease/AST say about parking?
Just as importantly, what doesn't it say about parking?

many thanks, I've made an appeal twice to ukcpm but rejected despite the medical evidence submitted...yes car park is part of a residential site. designated parking bay are all occupied at the time

Meddy

Just as importantly, what doesn't it say about parking?
Here is copy of my AST;
Parking
f you, your family, friends or anyone living with you or visitors to the Premises must
not do any of the following:

Park a vehicle anywhere on the Premises unless it has a garage, parking
space or driveway with hard standing and a dropped kerb or is a designated
area for parking;
Park any vehicle on any land owned by us without a valid road fund licence
or in an unroadworthy condition. If we have to remove such a vehicle we will
give you reasonable notice and will charge you for the cost of this and any
costs of storage. This may be added to your rent account:
Park or leave a vehicle or any parts of vehicles in a state of disrepair or
dangerous condition on any land owned by us:
iv. Build a parking space, garage or drive without our written permission:
V. Park in such a manner as to block roadways, drives, foot-paths or other vehicle
or pedestrian access
vi. Park caravans, trailers, boats or a business vehicle of over 1 tonne in weight
at the Premises on any land owned by us. If we have to remove such a
vehicle we will give you reasonable notice and will charge you for the cost of
this and any costs of storage. This may be added to your rent account:
vil. Carry out repairs except minor routine servicing to your own vehicle.
Where we believe you may be receiving payment for repairs we may ask you
to prove that the vehicle belongs to you. Should any damage be done as a
result of such repairs we may carry out the work to make this good and charge
you with the cost as extra rent;
vill. Double park or park in such a way that you obstruct other vehicles:
ix. Cross a grass area or verge or a pavement in a vehicle, without our written
permission.

b) Where a proper place for parking is not provided, you should park on the road
outside the Premises, if parking is available and subject to any parking
restrictions;
c) Not store any vehicles powered by petrol, diesel or paraffin in shared areas
such as hallways. This includes mopeds and motorbikes

Ralph-y

the appeal you quoted (post#7)appear to be a council one , and therefore has no baring on a private parking issue ...


Ralph:cool:

KeithP

What is the Issue Date on your County Court Claim Form?

It might be a good idea to edit post #7 above to remove identifying features - like your name, the vehicle's registration number, the PCN number, etc.