ANPR PCN Appeal to POPLA on Medical Grounds

sparkyhx

I'm prepping my appeal to POPLA.

I was going thru Whittington when my DIABETES Sensor alarm went off, so needed to pull over sharpish, I saw a sign for the castle and dived into the car park to deal with whatever the alarm was for.  Cant touch my phone while driving.
I was having a hypo and it was actually quite a sharp fall.

In the appeal to Minster Baywatch - I provided - evidence of my sensor reading and the time.  The NHS guidelines about consequences and wording around 'immediate attention, dangerous etc).  I followed the 15-15 rule (15g of carbs - check after 15mins).  this also tallied with the 15 mins I was in the carpark.  TBH I saw no camera or signs, but to be on the safe side I included a bit about dealing with the emergency focused all my attention.

the car park is 100+ miles away so no chance of getting signage info or photos - so that avenue was dead.
I did the apeal as owner, but its clear to anyone that the situation was happening to me as the driver. Thats a lesson for future I suppose, I could have made the reply in the third person rather than 'I'.
I have tried appealing to landowners to cancel, but had no response.

This for some reason wasn't good enough for Minster Baywatch, I wonder why?

Do I just go all in for Joint Code of Practice section F, Annex F, subsection F.1(e)

e) a vehicle that has been driven onto controlled land due to an emergency which could not be avoided due to the exceptional nature of an incident outside of the control of the driver, e.g. serious illness

I have evidence supporting Time, emergency condition backed up with readings from the App, NHS guidelines, NHS consequences supporting emergency action and I only stayed for the timeline of the medical guidance backed up by their own PCN?

Is it worth. adding in a smidgen of Equalities act?

Out of interest, if it went to court could they ask for my sensor reading history?  I don't want any Tom, !!!!!! or Harry seeing my medical history.

Half_way

Who is the landowner, what did you say to them?

Where is the car park?

Popla will not take mitigating evidence into account and the parking industry does not care for things such as disability discrimination - it just wants your money

Coupon-mad

I would not bother with POPLA although it would be interesting to read their interpretation of that clause from Annex F..

Just ignore if you lose, of course.

sparkyhx

Half_way said:

Who is the landowner, what did you say to them?

Where is the car park?

Popla will not take mitigating evidence into account and the parking industry does not care for things such as disability discrimination - it just wants your money

It Whittington Castle - so they wont folllow their own rules as laid out in the Single Code of Practice?

So at what point does that 'rule' get applied?  At court? and is it slam dunk, keep quoting the rule? or do you get into the whole 'legalese' of the process of preparing a defence etc

Because if its going to be then, I may as well pay now, cos I've been thru this farce on a previous slam dunk case and it took a huge amount of time and effort and stress.

What kind of wording would you use to give it the best shot.

letter to land owners - Whittington Casle Trust stated the circumstances 'Hypo', and the relevant evidence and that only in for 15 mins as per PCN.  I said could they assist me with something, laid out the circumstance first and then said could they have a word with operator and request a cancel, very polite 'non legal' other than using key words mention of 'medical emergency' 'unforseen' 'must act' quickly

sparkyhx

anybody assist with wording?

Car1980

If you do want to use Popla, don't appeal on the basis of mitigating factors. Think contract law. Google frustration of contract and doctrine of impossibility.

It's only stressful if you give it more credence than it deserves. It's only an invoice. 

"Out of interest, if it went to court could they ask for my sensor reading history?  I don't want any Tom, !!!!!! or Harry seeing my medical history."

No. Remember that in country court the onus is on them to make their claim, not for you to disprove it. It's the exact opposite of Popla, where the appellant has to make their appeal on the assumption the parking company is correct by default. Hence the common advice not to bother.

Plus less than 1% of court claims actually end up going to a hearing in front of a judge anyway.

sparkyhx

Car1980 said:

If you do want to use Popla, don't appeal on the basis of mitigating factors. Think contract law. Google frustration of contract and doctrine of impossibility.

It states 

Does this still apply?

" unforeseen event destroys the entire commercial purpose or the "foundation" of the contract that both parties understood at the time of agreement"
. 
Technically any contract was formed after the Hypo....................So does this case still come under that?
Secondly I could have got out of the car to find, out, but I didnt actually see any signs going in or whilst sorting myself out".   In fact using this defence appears to admit there is a contract  I quote "

• Supervening Event: The event must occur after the contract was formed."

aha, but at the time of entry all in knew was that there was an adverse event, there is no way of telling If I am having a Hyper or Hypo from the Alarm - only that it is one of them.  So I didnt actually know.  Until after the contract was 'allegedly made'.

Is there a better arguement for 'no contract' or does that come at court.  How do they 'ever' prove a contract has been made?  - all they have to do is roll out photos of the signs and a map.  But I'm not doing a 20+ mile round trip to take my own photos, It's looking like I may as well pay.  I never saw any signs, so theye almost certainly not prominent, it even says on the Minster Baywatch site that they had to work with several agencies so as to not 'ruin' a historic site, so again I suspect the signage is compromised.

  

sparkyhx

Hold on, I've just discovered this when I went looking for the 'historic site challenges

https://www.bransbywilson.co.uk/case-studies/whittington-castle/

This isn't Minster Baywatch...............so who runs the site?  Minster or Brandsby

Coupon-mad

That's a potential winning point, if you show POPLA evidence photos of signs with Bransby Wilson on them.

Forget the AI garbage!

sparkyhx

i've searched everywhere for pics of the signs for a month or so since getting the PCN, and as i say, too far away to get pics myself............i'm just going to have to suck it up with these scamming b'stards.  Today is the last day to miss the 'discounted' bribe

...and as for Xmas, I wish them seasons greetings and may the season provide every disappointment, may all their clothes be 2 sizes too small, their electronics come without batteries, may their TV remote control stop working, their turkey turn out to be a turtle dove, their Christmas Tree be riddled with woodworm,, their Brandy sauce be alcohol free, may your carrots make Rudolf barf, may your advent calendar windows all be empty, may your Christmas Crackers only contain good jokes and no hats, may your stuffing tase of Reindeer @rse, may Boris Johnson mysteriously turn u to give your kids xmas presents with 'from Dad' on the gift tag.
  
Next time I see a Minster Baywatch car park sign, I'll go back with my chainsaw (Joke).  

Coupon-mad

sparkyhx said:

i've searched everywhere for pics of the signs for a month or so since getting the PCN, and as i say, too far away to get pics myself............i'm just going to have to suck it up with these scamming b'stards.  Today is the last day to miss the 'discounted' bribe

What?

Nobody just pays. Ignoring is better.