Cognitive issues via MS as mitigation?

Joonyer

Hi all,

I have Multiple Sclerosis, with one of the most prevalent symptoms being cognitive issues (short-term memory in particular - this is well documented in all my medical notes since 2017). 

I'm not one to play the MS card (ever), but I went for a checkup MRI a couple of weeks back at Rugby St Cross. Normally I'm at Cov Uni hospital, which has exit barriers; Rugby does not (a crucial reminder point missing). Car park was virtually empty, which was nice.

In short: I completely forgot to pay when I left. First time at that hospital, no barriers on exit, and it was dark when I left. After 30mins lying in a small loud tube I wanted to get home. I frequently forget things so I was annoyed at myself when the PCN landed on the doormat.

Didn't think to come to MSE first so I appealed (Car Parking Partnership - BPA member) citing disability, and attaching my appointment letter. I pointed out that there's no conceivable way I'd wilfully avoid paying a few quid for a ticket vs £60-£100 penalty but their response was a generic "you parked, you didn't pay, you owe" response with pics of my car. 

I've been through the FAQ but am unsure, because I've already owned up to being the driver essentially - is this worth pursuing via POPLA? Again I don't expect favours for my condition but this one really feels justifiable. But I guess I should have left a note to myself on dash or something.

Just wondering if I should just pay up and chalk it down to a lesson learned.

many thanks
Matt 

Fruitcake

A landowner cancellation is always best, so give PALS and the head honcho of the hospital (director/CEO or whatever they are called) a good hammering, and refer them to the NHS parking principles and the Equality Act 2010 regarding a person with disabilities who has Protected Characteristics as defined by the Act, and the service provider's duty (mandatory requirement) to make reasonable adjustments for a person with a disability.
Do this asap.

Coronavirus » Patient Car Parking (england.nhs.uk)


NHS car parking guidance 2021 for NHS trusts and NHS foundation trusts - GOV.UK (www.gov.uk)


Complain to your MP.

Yes, appeal to PoPLA using the above plus all the template points from the third post of the NEWBIES.
You stand a better chance of a cancellation if you do this before submitting a PoPLA appeal, but do not miss the PoPLA deadline.

Post your draft appeal here for checking before you submit it.

D_P_Dance

Perhaps it would be better if you avoided such car parks.  How about shopping, is it likely that you would walk out of a shop without paying for goods, or at a restaurant?

Joonyer

Fruitcake said:

A landowner cancellation is always best, so give PALS and the head honcho of the hospital (director/CEO or whatever they are called) a good hammering, and refer them to the NHS parking principles and the Equality Act 2010 regarding a person with disabilities who has Protected Characteristics as defined by the Act, and the service provider's duty (mandatory requirement) to make reasonable adjustments for a person with a disability.
Do this asap.

Coronavirus » Patient Car Parking (england.nhs.uk)


NHS car parking guidance 2021 for NHS trusts and NHS foundation trusts - GOV.UK (www.gov.uk)


Complain to your MP.

Yes, appeal to PoPLA using the above plus all the template points from the third post of the NEWBIES.
You stand a better chance of a cancellation if you do this before submitting a PoPLA appeal, but do not miss the PoPLA deadline.

Post your draft appeal here for checking before you submit it.

Thanks very much for the swift and helpful reply - it's greatly appreciated. I'll keep you informed. Ironically, I forgot to say I'd spoken to Rugby PALS yesterday further to seeing it on the forum here, but they said they don't get involved with parking disputes at all.

Thanks again,
Matt

Joonyer

D_P_Dance said:

Perhaps it would be better if you avoided such car parks.  How about shopping, is it likely that you would walk out of a shop without paying for goods, or at a restaurant?

I can see where you're coming from here, but it's hard to explain. I have actually walked out of a cafe without paying, and they had to chase me to the door (leading to my profuse and repeated apologies). Shops are less of an issue because you have to walk past the tills and it's more of a "typical" repeated process you've anchored.

The vast majority of paid car parks (that I encounter) either have barriers, or a pre-pay ticket machine (and then I set a reminder on my phone), so this very rarely comes up.

To be honest, most day to day stuff is unaffected. It's where distraction and/or unfamiliarity kick in. Hence new hospital, new car park, worries over the MRI etc - so my brain sort of shuffles things aside. The short version is I should have put a post-it on my car dash so I wouldn't have been surprised if the responses here were it being my own fault (which I'd agree with, ultimately). 

Honestly am not here for sympathy at all (none needed - my life is awesome) I just wondered if it was worth arguing the case at all.

many thanks
Matt 

Umkomaas

D_P_Dance said:

Perhaps it would be better if you avoided such car parks.  How about shopping, is it likely that you would walk out of a shop without paying for goods, or at a restaurant?

I guess with Multiple Sclerosis and when attending for a MRI scan, you'd want to access the very closest hospital car park possible. 

D_P_Dance

I very much doubt that PPCs will be sympathetic, a judge however is very likely to come down hard on them so do not shy away from a courtroom confrontation.  They will be on the back foot from the start.  

Joonyer

D_P_Dance said:

I very much doubt that PPCs will be sympathetic, a judge however is very likely to come down hard on them so do not shy away from a courtroom confrontation.  They will be on the back foot from the start.  

There's a part of me saying "is it worth it for 60 quid?" but it's a matter of wider principle, I guess - the fact that people are hit with £60 fines even for simply forgetting to pay (applicable to anyone) is just shameless profiteering. 

Umkomaas

Joonyer said:

D_P_Dance said:

I very much doubt that PPCs will be sympathetic, a judge however is very likely to come down hard on them so do not shy away from a courtroom confrontation.  They will be on the back foot from the start.  

There's a part of me saying "is it worth it for 60 quid?" but it's a matter of wider principle, I guess - the fact that people are hit with £60 fines even for simply forgetting to pay (applicable to anyone) is just shameless profiteering. 

Regulars spend thousands of hours here on the forum helping people for free with their personal parking issues, because, for us, it's very much a 'matter of wider principle'. In fact many regulars (including me) have never received a private parking ticket in their lives.

the fact that people are hit with £60 fines even for simply forgetting to pay

People are 'hit' for far lesser issues, wheel touching the white line, PCN slapped on car within seconds for no visitor permit showing while visitor is collecting the permit, stopping on DYLs, contrary to the allowance to do so in the Highway Code, parking in a disabled bay without a blue badge, even though the motorist is disabled ........ the list goes on!

D_P_Dance

Of course it is a matter of princiole,

First they came for the socialists ...

Jenni_D

Joonyer said:

Fruitcake said:

A landowner cancellation is always best, so give PALS and the head honcho of the hospital (director/CEO or whatever they are called) a good hammering, and refer them to the NHS parking principles and the Equality Act 2010 regarding a person with disabilities who has Protected Characteristics as defined by the Act, and the service provider's duty (mandatory requirement) to make reasonable adjustments for a person with a disability.
Do this asap.

Coronavirus » Patient Car Parking (england.nhs.uk)


NHS car parking guidance 2021 for NHS trusts and NHS foundation trusts - GOV.UK (www.gov.uk)


Complain to your MP.

Yes, appeal to PoPLA using the above plus all the template points from the third post of the NEWBIES.
You stand a better chance of a cancellation if you do this before submitting a PoPLA appeal, but do not miss the PoPLA deadline.

Post your draft appeal here for checking before you submit it.

Thanks very much for the swift and helpful reply - it's greatly appreciated. I'll keep you informed. Ironically, I forgot to say I'd spoken to Rugby PALS yesterday further to seeing it on the forum here, but they said they don't get involved with parking disputes at all.

Thanks again,
Matt

Then get back on to them and TELL them that they HAVE TO get involved. THEY are the principal, and the parking company are their agent. Ask them for their specific legal contact details so you can call them as a witness for any court claim you may receive in future from the PPC, and also so you can join them as co-defendants when you raise a claim against them and the PPC for their breach of the Equality Act 2010? (i.e. ramp up the pressure)