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Parking Charge due to diabetic blood sugar crash

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Comments

  • If it came to court you can quote the judge's comments from the Jopson v Homeguard case where he said attending to a vicissitude of some small duration is not parking.

    You should suggest that dealing with an illness would constitute a vicissitude of short duration. State that this was an appeal case and therefore is persuasive on the lower courts.

    Case number was B9GF0A9E, and the transcript is available online. Quote the judge's name and precise words (around paras 19 or 20, and what he said were examples of small vicissitudes).
  • Fruitcake
    Fruitcake Posts: 59,467 Forumite
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    It is not a fine.

    Being issued using ANPR might have made a difference if you hadn't identified yourself as the driver, but it's too late to do anything about that now.

    Whilst the Blue Badge scheme does not apply on private land, the Equality Act 2010 does. The service provider (landowner and PPC) must by law make reasonable adjustments for people with protected characteristics. 
    You have a condition that comes under the definition of protected characteristics. The PPC (and landowner) failed to anticipate your needs and thus committed indirect discrimination as specified by the Act. Once they are/were made aware of your condition, continuing to pursue the charge amounts to direct discrimination. Both are criminal offences.

    It wouldn't have made any difference at the PoPLA stage. It should, but it won't.

    Your illness/episode made it illegal for you to leave. Since you were legally prevented from leaving, you were unable to comply with the parking Ts and Cs. Thus, this caused a frustration of contract.

    Both the breach of the EA 2010 and frustration of contract, plus the Jopson case mentioned by @Not_A_Hope should all be used should a court claim result.
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