I have ADHD and cannot get my head around appealing a Civil Enforcement parking fine. Advice please.

Kinkykat_2

Hello 

I am appealing to anyone who can help me please by providing a step by step how to or 'idiots guide' to appeal a parking fine. I would be immensely grateful as I am in tears here and feel so very silly right now. Thank you in advance for any assistance and huge apologies if i have committed any forum rule offences with this post. 

I have severe ADHD and currently without medication due to pharmacy supply issues and will be for another 2 weeks. This means I am struggling incredibly with processing complex information and how to appeal this fine using the board guides and templates. I have tried unsuccessfully to understand what I have to do for the last 2 hours. 

Unfortunately I do not have time to waste in responding to the parking charge. I received it yesterday (11/05/22) when I arrived home. The letter is dated as 05/05/22 so almost a week has already passed of the 14 days period I have to appeal the fine. The date of the alleged offence is 26/04/22.

I wrote out an email response to appeal the fine (took me over 5 hours despite having the special needs software that is installed on my laptop as I cant focus or absorb information properly without medication) however, something popped into my head about Martin Lewis' weekly email regarding fighting unfair parking fines.

Anyway, I feel that I have been unfairly fined. The details are  below omitting identifying details as rules state (I think...I hope I have not contravened forum rules but again I cant take in much right now)

My response I intended to send - 

Reasons for appeal

I was not feeling well due to being in pain and needed food and drink in order to take pain killing medication. This is a requirement of the medication as per instructions. I have to allow an hour to pass after eating before I can take this medication. Again, this is per medication instructions. I remained in my vehicle for the entire duration of my time in the car park following collection of my food from the Burger King restaurant counter.

I had my blue badge on display. I parked in front of the Burger King restaurant in a disabled bay. I forgot to set a 1 hour reminder audio alarm to tell me that it was time to take my medication after the hour had passed. I have ADHD - a neurological disability -which means that I am not aware of the passage of time (time blind)

I did not notice that there was a restriction on parking time especially as it was evening and therefore darker. There were no illumination or lights to draw attention to any signs. I genuinely believed that I was in a restaurant car park and therefore did not expect there to be a very restricted limit on the time diners have to eat and drink items purchased. I am not local to the area. As a lone female disabled driver, I would not feel safe to pull off the motorway in any unfamiliar area at night on my way home in order to take medication, which is why I stayed parked outside the restaurant.

As a final reason, Burger King actually messed up my click and collect order and the Burger King app directed me to the wrong restaurant. I should have been collecting my order from a different restaurant in Hull. The manager at the Beacon Way restaurant informed me that it was a glitch with the Burger King app and they had experienced many customers complaining of the same issue.

If required, I can provide medical evidence of my physical disabilities, psychiatrist ADHD diagnosis, disabled persons blue badge and also copies of emails from Burger King customer service dated on the evening of the parking charge that evidence the direction to the wrong restaurant.

Fruitcake

It is not a fine. It is an invoice.

You have 28 days to appeal, so don't rush it. Start by complaining to the landowner and manager and the CEO of Burger King.

You should also complain to your MP.

If it isn't cancelled, then appeal using the template in blue text you will find in the first post of the sticky Announcement for NEWBIES that is at the top of the first page of this forum, near where you clicked on the Create Post button.

Send it unaltered, from the registered keeper except adding one line to say that the driver has a disability and therefore required extra time in accordance with the strict requirements of the Equality Act 2010.

Trainerman

Hello @Kinkykat_2 and welcome. Just follow what @Fruitcake says above and try to relax. Even if Burger KIng let you down (which they should not) I believe that you have a winnable case and the people on here will help you. So do not let the baddies bully you !

go-on-then

Just wanted to add that you will get excellent help on this forum so please do not worry,  you are in safe hands.

Try not to get overwhelmed, take it a step at a time and ask if you need help.

Do you have anyone at home or a friend that can help you ??

Kinkykat_2

go-on-then said:

Just wanted to add that you will get excellent help on this forum so please do not worry,  you are in safe hands.

Try not to get overwhelmed, take it a step at a time and ask if you need help.

Do you have anyone at home or a friend that can help you ??

Thank you.

No unfortunately ...I live very rural after moving to Yorkshire for a new start a short while ago. Husband died of Covid in March last year, both children live elsewhere, one at uni waaaay down south in Exeter and the other up in Inverness. I really do want to make some local friends but I'd rather wait until I have my medication or they may not be friends for long.. 

Kinkykat_2

Trainerman said:

Hello @Kinkykat_2 and welcome. Just follow what @Fruitcake says above and try to relax. Even if Burger KIng let you down (which they should not) I believe that you have a winnable case and the people on here will help you. So do not let the baddies bully you !

Thank you!

I am very much a champion of the underdog but absolutely useless without my meds. Sadly I am on so much heavy duty medication when my physical disabilities - dislocated my knee again this morning   - flare up that I have a total treacle brain. This makes the cognitive impairment difficulties of ADHD soooo much worse. Today I feel 95 years old, not 55! 

Kinkykat_2

Fruitcake said:

It is not a fine. It is an invoice.

You have 28 days to appeal, so don't rush it. Start by complaining to the landowner and manager and the CEO of Burger King.

You should also complain to your MP.

If it isn't cancelled, then appeal using the template in blue text you will find in the first post of the sticky Announcement for NEWBIES that is at the top of the first page of this forum, near where you clicked on the Create Post button.

Send it unaltered, from the registered keeper except adding one line to say that the driver has a disability and therefore required extra time in accordance with the strict requirements of the Equality Act 2010.

Thank you!


How do I find out who the landowner is?

Do you mean the manager of the Burger King restaurant I stopped at? 

I found this on a search for the CEO of Burger King...Do you think it is legit? amurdoch @ whopper.com?  

Fruitcake

Yes that appears to be the correct email address for the UK CEO of Burger King.

Is this the place?

2 Beacon Wy - Google Maps

Regular poster Umkomaas often posts this advice on how to find a landowner.

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for £3 they will provide definitive detail

Kinkykat_2

Thanks for all the above help!

I've done as advised (I think!)

Wait and see now...

Kinkykat_2

Fruitcake said:

It is not a fine. It is an invoice.

You have 28 days to appeal, so don't rush it. Start by complaining to the landowner and manager and the CEO of Burger King.

You should also complain to your MP.

If it isn't cancelled, then appeal using the template in blue text you will find in the first post of the sticky Announcement for NEWBIES that is at the top of the first page of this forum, near where you clicked on the Create Post button.

Send it unaltered, from the registered keeper except adding one line to say that the driver has a disability and therefore required extra time in accordance with the strict requirements of the Equality Act 2010.

Good afternoon

I did as Fruitcake advised

and added only

the driver has a disability and therefore required extra time in accordance with the strict requirements of the Equality Act 2010.

This was using the below template and using the online appeal process form on their website.

TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING:


Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

I also emailed
Burger King customer services 4 times to date - Standard response of no connection or control over parking at restaurant.
Burger King CEO - No response
What I believe to be the landowners - No response
My MP - Automated reply as my MP is out of office. I have yet to hear from them.


Today I received a response back from the parking company.



I did find it odd that they mention my blue badge when I did not?...

I am in the position of a second month without the correct ADHD medication and finding it incredibly difficult to work out where I go from here as the executive function part of my brain, responsible for thinking and absorbing information is pretty much asleep. 

Do I have to go to court now?

Huge thanks in advance for any help.

Umkomaas

Do I have to go to court now?

You're nowhere near court. POPLA is your next step. The NEWBIES FAQ Announcement, third post, explains how to put together good POPLA appeal (includes near-template appeal points to copy, paste and adjust to the circumstances of your parking event). 

But, you need to take down the CEL rejection letter as it shows your POPLA verification code ...... and you might find some kindly soul makes a not so kind POPLA appeal on your behalf!