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Parking fine for medical emergency

ChenieceMarie
ChenieceMarie Posts: 1 Newbie
Hi all!
I just want a bit of advice if possible. My Dad had to stop on the outskirts of Doncaster Airport in September last year due to a medical emergency, he is disabled and has a blue badge. He pulled over in a layby that had double yellow lines however with a blue parking on double yellows it is acceptable. He has no choice in the matter in considering where to stop as if he did not stop, he would likely have slipped into a coma at the wheel of a moving car. He then recieved a parking fine for stopping in a no stopping zone, he appealed a number of times and the company denied the appeal stating a medical emergency was not adequate in this case and he must pay. My dad refused again and was given a mediation telephone conference (due to covid) and was advised that there was a case last year where a chap stopped for 6 seconds due to a mechanical fault in his car and he was fined and lost in court. The mediator stated that a medical emergency comes under the same grouping as the mechanical therefore it is highly likely he will lose in court which would mean even more costs and higher fines. He had to settled out of court because the fine was already triple the original and he could not afford this and should he go to court, he would have had legal fees  in addition to an increase in the fine which he simply cannot afford so he did what he thought was best out of fear of the fine going beyond what he can scrape together. My concern is that a medical emergency in this instance is not classed as sufficient for him stopping in a no stop zone. My dad settled with the mediator without speaking to me first, I'm assuming he has no rights to argue this further? Or could he raise this as an issue for other people in the future? Thanks everyone! 

Comments

  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    It is perfectly acceptable because your dad made the decision  to pay.
    It was never  a fine, it would not have trippled.  
    The advice is that you should have come here first.
    The mediator in this case has simply been told what to say by VCS.  
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    There are dozens of hundreds of similar cases and only a Court can decide on the legalities if what he did on airport land , he treated it like the public highway , which it isn't

    The only way anyone gets a legal decision is when a judge issues it , in Court
  • Umkomaas
    Umkomaas Posts: 43,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The mediator's prime role is to prevent this going to court. He succeeded. Putting pressure on the weakest party is one tactic in achieving that goal. Looks like he did a good job. 

    Sorry, not meaning to be cruel or dismissive, but this is the harsh reality of mediation. Unfortunately your Dad was a victim of it. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,588 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your father had a choice, fight or pay.  He chose  to pay without fully informing himself of the various options open to him.  IMO he should have gone to court.  
    You never know how far you can go until you go too far.
  • Ralph-y
    Ralph-y Posts: 4,652 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 1 May 2020 at 7:09PM
    sadly all the advice above is true.....
    even though the comments by the person who did the mediation is a disgrace!


    and then book mark it so that next time you are pulled into the 'vipers nest' that is the parking on private land national disgrace

    Ralph B)

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