PCN for Permit Parking Only and Driver with Severe Dyslexia Lack Capacity

TinyClanger1973

I'd been interested to see if anyone has had success overturning a PCN (Civil Enforcement Ltd) in a Permit Parking Only carpark due to severe dyslexia.  My partner parked in a pub carpark which is permit parking only.  He was not a customer at the pub.  He parked there for around 30 mins, waiting to pick up someone nearby who had an appointment.  He was completely unaware it was permit parking only because he cannot read.  He struggles even with basic road signs and cannot understand any with words, except a handful he has memorised.  This really isn't the sort of examples of dyslexia I see on most forums.  It is extreme. 

Aside from contacting the pub to explain the situation, which may result it being cancelled.  My understanding of PCNs is they come under contract law and that the terms and conditions have to be considered to be accepted.  While there is signage in the carpark stating these, I went and checked, my partner cannot read them and is unable to understand them.  Therefore, he cannot even consider these and so the contract is void since he lacks capacity.  Furthermore, he wouldn't even be able to tell the difference between a normal carpark sign and one for permit parking. unless it's a specific shape he recognises.

I'd be interested on your thoughts because it would help others who are in a similar situation with severe dyslexia.  And this doesn't just happen with parking, he's been fined in the past to do with restricted access because he cannot read the words to see what is restricted or times etc.  I'm going to get in touch with the British Dyslexic Association for their advice too.  If I get any further information, I'll post it up under the thread because it may be useful for someone else in a similar situation as my partner.

Coupon-mad

I think it is unlikely to work in court because the objective test is what an average and circumspect driver would have seen and done.  Certainly won't work at POPLA because they don't consider the Equality Act 2010 (shocking, eh?).

The pub will cancel it when really pushed, and THEY are the ones to spell out the mitigating circumstances and Equality Act argument to, because they won't want the bad publicity that you can threaten...

TinyClanger1973

Thanks for the reply.  That's really shocking that POPLA wouldn't consider the Equality Act.  That's discrimination and in light of my partner's learning disabilities, which are severe, even more so.  I'm waiting to hear back from BDA on their comments.  On the pub, having looked up the planning applications, I note there is no planning permission for either their cameras or signage (adverts).

Coupon-mad

You can and should also complain to your MP and say how horrified you are to find out that POPLA don't consider the Equality Act 2010, despite the proposed new statutory (DLUHC) Code of Practice referencing it in some detail as relevant to parking cases.

TinyClanger1973

Thanks.  I'll look up the code of Practice.  I'm writing up the email to the pub now.  Heard back from the BDA too.  This case isn't unusual, especially for those at the severest end of the spectrum.  I'm booking an assessment with them for my partner as he's so severe.  This will be useful evidence should things go further.  He doesn't actually have a confirmed diagnosis yet. He predates when schools took dyslexia seriously and so has never been assessed.  The BDA can also point me in the direction of expert witnesses should we need it for legal purposes.

TinyClanger1973

Latest update on this.  I emailed the pub and they have been, thankfully, very understanding about the situation and are in the process of cancelling the parking ticket.  But I'm certainly going to look at the code of Practice too.

TinyClanger1973

The pub would not agree to cancel the parking ticket.  However, we've had a positive result with Civil Enforcement.  I arranged for my partner to be formally assessed through the British Dyslexia Association.  He now has a confirmed diagnosis of very severe dyslexia with non functional reading and writing.  The assessment was forwarded to Civil Enforcement, along with an accompanying appeal letter to say he would not be able to read the signage, would not be aware he was in a restrictive parking area and would be unable to comply with the terms and conditions displayed because he could not read and give due consideration.  The end result is the parking charge notice has been cancelled.

I would thoroughly recommend pursuing this if you are in a similar situation representing someone with severe difficulties.

Coupon-mad

That's great news!

Shame about the pub letting you down though.