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DO I need to use my name when appealing AMD submitting medical mitigating circumstances

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Comments

  • Umkomaas
    Umkomaas Posts: 42,996 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the CPP NtK is PoFA compliant (and given they are part of the ParkingEye setup, it probably is), there's no advantage to not revealing who the driver was. But mitigating circumstances have never helped anyone. 
    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
  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    edited 12 March at 4:33AM
    As with all ParkingEye NtKs, a CPP one will not be fully compliant with all the requirements of PoFA as there will be no invitation for the Keeper to pay the charge as per 9(2)(e)(i). There can be no implied obligation.
  • muddy_gloves
    muddy_gloves Posts: 11 Forumite
    10 Posts Photogenic
    The signage was bad (there was no machine under the sign, and the actual machine I couldn't see as it was small and hidden by parked cars (it was nowhere near the sign).

    Had to use app - and ADHD (registered disability) meant that I made a simple time counting error (classic ADHD issue). I chose the amount I thought was correct - but was 13 minutes out according to their "invoice". So with the ten minute grace period this is a charge for 3 minutes is it not?




  • muddy_gloves
    muddy_gloves Posts: 11 Forumite
    10 Posts Photogenic
    I have photos of the sign and hidden machine. The apps are not difficult to use per se (mostly) - but it is very easy for someone with ADHD to get the details wrong. It's a life constant this!!
    Have since found teh machine, and use that now. Have evidence of all the above.
  • muddy_gloves
    muddy_gloves Posts: 11 Forumite
    10 Posts Photogenic
    LDast said:
    As with all ParkingEye NtKs, a CPP one will not be fully compliant with all the requirements of PoFA as there will be no invitation for the Keeper to pay the charge as per 9(2)(e)(i). There can be no implied obligation.
    Hello - I'm not sure I understand this - could you please explain? Are you saying that the letter didn't ask me to pay?  What is "9(2)(e)(i)" please?
    I attach the letter. Thank you.
  • muddy_gloves
    muddy_gloves Posts: 11 Forumite
    10 Posts Photogenic
    £100 for 3 minutes over
    The PCN can't be for being 3 minutes over. Do you mean 3 minutes over a ten minute grace period after paid-for time?
    Yes - that is what I mean.
  • Coupon-mad
    Coupon-mad Posts: 149,404 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 March at 3:05PM
    muddy_gloves said:

    "The signage was bad (there was no machine under the sign, and the actual machine I couldn't see as it was small and hidden by parked cars (it was nowhere near the sign).

    Had to use app - and have ADHD (registered disability) I want to share medical evidence"

    £100 for 3 minutes over the ten minutes grace.
    Paid before leaving for the whole 6 hours parked, within the 6 hours:
     
    Appeal online admitting to driving and attaching your app payment screenshot and attaching evidence of your medical condition.

    DO NOT TALK ABOUT MAKING A MISTAKE.

    State that:

    - you clearly paid for the full 6 hours the car was parked and due to your medical condition you are legally entitled to more time to process written information such as reading signs and navigating complicated and flaky payment apps.

    -  the app record shows you paid at 4.39pm and the grace period - minimum ten minutes - allowed to then leave (having returned to the car and paid in good time) was not exceeded.

    The PCN has arisen purely because the BPA & IPC Joint CoP cynically changed the 2022 statutory CoP to remove the consideration period on arrival.

    That disingenuous change works against all drivers but it especially causes detriment and discrimination against people with protected characteristics such as this motorist. The PCN breaches the Equality Act 2010 and the specific BPA/IPC Joint Code clauses about disabled motorists, and as such the PCN must be cancelled.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • muddy_gloves
    muddy_gloves Posts: 11 Forumite
    10 Posts Photogenic
    This is so helpful - thank you so much. I'll take out the "mistake" from my letter and add the pieces you have written. Fingers crossed (because I find it utterly ridiculous that I am charged £100 for something I can do nothing about (processing and executive function). I really appreciate your time in writing this - thank you again.

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