1. Get the Diabetes Forum App for your phone - available on iOS and Android.
    Dismiss Notice
  2. Guest, we'd love to know what you think about the forum! Take the Diabetes Forum Survey 2021 »
    Dismiss Notice
  3. Diabetes Forum should not be used in an emergency and does not replace your healthcare professional relationship. Posts can be seen by the public.
    Dismiss Notice
  4. Guest, stay home, stay safe, save the NHS. Stay up to date with information about keeping yourself and people around you safe here and GOV.UK: Coronavirus (COVID-19). Think you have symptoms? NHS 111 service is available here.
    Dismiss Notice
Dismiss Notice
Find support, ask questions and share your experiences. Join the community »

Parking fine...treating hypo!!!

Discussion in 'Diabetes Discussions' started by stellson, Feb 23, 2017.

  1. Goodlucktrev

    Goodlucktrev Type 1 · Member

    Messages:
    14
    Likes Received:
    6
    Trophy Points:
    23
     
  2. Tipetoo

    Tipetoo Type 2 · Expert

    Messages:
    9,005
    Likes Received:
    14,072
    Trophy Points:
    198
    This is correct, it is why I said pay the fine.

    You can sort it out / appeal later with the parking management.

    It is not that I have a lack of compassion, but I have seen and read to many sob stories in my lifetime to make me hardened to them.
     
    • Agree Agree x 2
  3. e.alien

    e.alien Type 2 · Newbie

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    21
    Check out YouTube there is a watchdog report on these private parking company's and their advice is ignore it as it is not legally enforceable
     
  4. jharding

    jharding Type 1 · Well-Known Member

    Messages:
    47
    Likes Received:
    28
    Trophy Points:
    58
    That, I think, is an oversimplification that could have come from a parking company. So, like you, I will play Devil's Advocate with a completely fictitious scenario ...

    Alvin has overstayed their allotted time in the airport car park because the runway was closed; the parking company says they should have moved their car by 3pm and they didn't move until 9pm. As a result, Fair Parking Services Ltd had to turn away another gentleman and his booking at a cost of £8/day. They charge Alvin an extra £8 plus admin fee of £5.
    This is, I think most people would agree, fair. The cost to the company was about that.

    Unfortunately for Brett, his co-flyer, chose to park with Nefarious Parking Services. They charged him, a late fee of £300/day and he has a stonking big bill for the airport closing the runway.
    Fair? Of course not.

    The small print in any contract doesn't make the illegal, legal or does it make the unfair, fair. In this case, the original poster acted in good faith. They were hypo. DVLA rules state you shouldn't pilot your vehicle for 45 minutes after coming back up and the OP said they were 20 minutes late. So the most the parking company lost was the hourly charge on the car park, £1.50 to get the details from the DVLA and an admin charge. Say, £5.

    And the car park operator needs to be a member of the BPA and they are forced to adhere to their code of practice (required to get the details from the DVLA) - http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

    POPLA appeal advice is http://www.parkingcowboys.co.uk/popla/

    I had a parking ticket issued by Macclesfield Hospital (it's an infamous, contentious and ridiculous private-parking nightmare). I was late leaving - by two minutes - and was caught by the ANPR. I was treating my daughter's hypo and we had to stop getting to the car as we got the kit out, tested, treated, and then walked slowly back to the vehicle. I got the ticket annulled for that reason. I used the fact that my daughter had a chronic condition, which is a disability and the parking company had to make provisions for people with disabilities to ensure they are not disadvantaged.

    Nice letter at first; ticket annulled by return of post.

    Good luck
     
    • Winner Winner x 2
    • Like Like x 1
    • Agree Agree x 1
  5. Jaylee

    Jaylee Type 1 · Moderator
    Staff Member

    Messages:
    14,958
    Likes Received:
    11,348
    Trophy Points:
    298
    So you don't see the "first time posters" offering dodgy "Straw man" legal advice. Which if followed? Could find bailiffs knocking on the OP's door...? ;)
     
  6. jharding

    jharding Type 1 · Well-Known Member

    Messages:
    47
    Likes Received:
    28
    Trophy Points:
    58
    That used to be true, but I think the Coalition Government did the Protection of Freedoms Act* 2012 and they became more legally enforceable. I'd be wary of simply ignoring it.

    * = a most inappropriately named piece of legislation given that it removes some personal freedoms
     
  7. jharding

    jharding Type 1 · Well-Known Member

    Messages:
    47
    Likes Received:
    28
    Trophy Points:
    58
    This is not necessarily true. If you pay the fine, I believe that they may not process the appeal properly or permit referral to POPLA. I think on mine, if you pay the fine, you are admitting that they were right.
     
    • Agree Agree x 2
  8. Jaylee

    Jaylee Type 1 · Moderator
    Staff Member

    Messages:
    14,958
    Likes Received:
    11,348
    Trophy Points:
    298
    It would be nice to think that... Years ago I was lodging with a guy who it turned out had outstanding parking fines in Surrey.
    I opened the door to go to college one morning & these two guys were on the doorstep. After showing ID & walking right in. They literally robbed the house & left me with an invoice...
    I was advised that if I was to take physical action? I would be arrested by police backup..

    When the balifs knock it's too late. You gotta talk to the people you owe monies first....
     
    • Agree Agree x 1
  9. Jaylee

    Jaylee Type 1 · Moderator
    Staff Member

    Messages:
    14,958
    Likes Received:
    11,348
    Trophy Points:
    298
    ;) I know! :p

    But to be fair to theses guys. After proving who I was & pointing out my own property. Including some "feasables" that I thought I could save on behalf of the debtor? They weren't actually that bad....
    They still took a shed load though.!
     
  10. Phil-Clements

    Phil-Clements Type 2 · Member

    Messages:
    10
    Likes Received:
    0
    Trophy Points:
    21
    That is now not such good advice. the Protection of Freedoms Act introduced keeper liability for parking charges and depending on which company issued the ticket, some are very litigious having gained recent Court wins which reinforce their position. there are ways to easily defeat these charges but ignoring them is no longer as effective as it once was
     
    • Agree Agree x 1
  11. Phil-Clements

    Phil-Clements Type 2 · Member

    Messages:
    10
    Likes Received:
    0
    Trophy Points:
    21
    But this is a private parking ticket and that introduces many grey areas. Was the signage adequate enough to form a contract? What was the actual loss to the landowner? Has the ticket been issued for a breach of contract or for trespass? Has the PPC complied with the PoFA? There is also an argument under the Equality Act whereby 'reasonable adjustments' must be made to accommodate disabled users (and Diabetes IS classed as a 'disability' under the terms of the Act). One such adjustment to be considered should be a little leeway in the event of an overstay caused by that disability
     
    • Agree Agree x 2
  12. Phil-Clements

    Phil-Clements Type 2 · Member

    Messages:
    10
    Likes Received:
    0
    Trophy Points:
    21
    The above posts by jharding are absolutely spot on

    1. Private Parking Companies cannot issue 'fines' - their tickets are an invitation to pay a sum of money for an alleged breach of contract. This is a civil matter not a criminal one. The PPC would have to take you to County Court to enforce
    2. Their legitimacy depends on a number of factors - but they should not now be ignored as a change in the law has given additional legal entitlements which has led certain companies to issue many more Court claims than before
    3. Never pay them before going through the formal appeals process - you will never get the money back as their entire business model is about revenue, not fairness and their appeals are overseen by their own governing body - in most cases the same organisation that chases their 'debts' up for them. Google the issuing company and take advice from websites which will guide you through the process. Many PPCs make mistakes in the steps that they have to take to enforce tickets and this is the easiest way to defeat them
     
    • Agree Agree x 2
  13. Gwiz29

    Gwiz29 Type 1 · Newbie

    Messages:
    1
    Likes Received:
    1
    Trophy Points:
    23
    I'm not sure why you involved your self in this conversation! As the poor lady states she was with child and treating a hypo, which if you have diabetes you would know you can't always help having! So therefore has a legal obligation to sort her health out before endangering others!
    The hypo aside, you don't legally have to pay a parking notice if it's a private company because it's only a informative notice! Where as a council one it states on it, it's a fine!

    Edited to remove personal comment
     
    • Like Like x 1
    #93 Gwiz29, Mar 1, 2017 at 5:57 AM
    Last edited by a moderator: Mar 1, 2017
  14. 2102anderson

    2102anderson Type 2 · Newbie

    Messages:
    4
    Likes Received:
    1
    Trophy Points:
    23
    Assuming the land was private then you can contest the Penalty Charge Notice under the heading of MITIGATING CIRCUMSTANCES with covers health issues.
    If you look up

    www.which.co.uk

    and search for section on how to appeal a parking ticket on private land.

    By filling in the questions you will generate an appeal letter that you should send to the company.
    You should keep copies of all correspondence.

    Also research (google) the company it might be possible to find out how many complaints it has.

    Write to your MP.

    IF YOU UNSUCCESSFUL INITIALLY IN HAVING THE PCN SQUASHED MAKE AN APPEAL TO

    www.popla.co.uk

    It should also provide you with a template and the process of completing the information you will find the categories for appealing and of course health issues as treating a hypo should fit nicely into 1 or more of the categories.

    Good luck - the advice is stay calm and remember you are not alone people can help but you must act with 28 days
     
    • Like Like x 1
    • Agree Agree x 1
    • Friendly Friendly x 1
  15. Jools_Carling

    Jools_Carling Type 1 · Newbie

    Messages:
    3
    Likes Received:
    4
    Trophy Points:
    23
    I know its the time of year for doom and gloom but please do not loose sight of the fact that a contract is something which is based on the principle of "fair and reasonable" and pre-empting a negative response with bad news stories is not really going to progress anything.
    Council or otherwise - they're human. Give them an opportunity to demonstrate this.

    If that fails, take it up a notch and hammer them, but, despite all - there are still reasonable people out there who have not lost the capacity of thought and decentness. You could be very much surprised. (I hope).

    I would advise that any inference of "contract" should be a last resort as this can be quite incendiary, infer litigation and, (in this instance), probably put the Stellson in a less favourable position. (You are acknowledging the existence of a contract between you and the parking company without the first idea of what it entails for a start.)
     
    • Agree Agree x 2
    • Like Like x 1
  16. ME_Valentijn

    ME_Valentijn · Guest

    That's very special of you.

    Why do you feel that your situation is applicable to everyone else who shares your symptom of reactive hypoglycemia, much less a completely different medical disease, Type 1 Diabetes? This seems to show a great deal of ignorance regarding insulin-dependence and the consequences of relying upon using it. It's highly offensive to see you blame other forum members (literally every Type 1) for supposedly being remiss in having occasional hypos.

    At least try to understand the situation of others, even if it's not at all similar to your situation. If you can't manage that, it might just be best to hold off on playing the blame game in general.
     
    • Agree Agree x 1
  17. Jaylee

    Jaylee Type 1 · Moderator
    Staff Member

    Messages:
    14,958
    Likes Received:
    11,348
    Trophy Points:
    298
    Hi,
    I saw no blame. Just an "angle" from experience.
    "Devils advocacy" was also stressed in the earlier posts. Suggesting that any appeal to tear up the fine could be met with a "hard ball player".?

    Though I apreciate a good debate & a bit of banter. Even the stuff I wouldn't agree with should act as guidance putting together a breif, factual & concise appeal... Even if it counts as "not how to?" ;)

    I apreciate your support to us T1s as indeed @Brunneria 's past posting history have also expressed support..


    Have a re read. Sometimes a little humour should be challenging! :cool:


    Edited to remove personal comment
     
    #97 Jaylee, Mar 1, 2017 at 7:48 AM
    Last edited by a moderator: Mar 1, 2017
  18. azure

    azure Type 1 · Expert

    Messages:
    9,780
    Likes Received:
    7,400
    Trophy Points:
    178
    There's nothing funny about having a hypo, and some of the comments here have been unsympathetic and scaremongering, along with inaccurate comments about contracts.

    Anyone persisting in arguing may be liable to a thread ban.

    @stellson I hope you were able to contact the firm and have the fine waived :)
     
    • Winner Winner x 2
  19. ME_Valentijn

    ME_Valentijn · Guest

    No, her apparently impeccable control was explicitly labeled as her personal opinion. And claiming to act as the devil's advocate does not excuse someone from saying offensive things, or being held accountable for them.
     
    • Agree Agree x 2
  20. Nelbert

    Nelbert Type 2 · Newbie

    Messages:
    2
    Likes Received:
    2
    Trophy Points:
    23
    Morning Stellson, I received a £100 fine in a motorway services area at 0300hrs ,I have type 2 which went a bit Tonto for a while due to steroids, and other medication ,anyway my glucose levels went the other way while on the motorway and my vision started to blur , I pulled into service area walked about for a while and went for a sleep and overstayed my welcome unaware of the parking restrictions. Wrote to parking fine company explained my issues and give them their dues wrote back and cancelled fine. Citizens advice useless. Contact company soonest
     
    • Agree Agree x 2
    • Like Like x 1
  • Meet the Community

    Find support, connect with others, ask questions and share your experiences with people with diabetes, their carers and family.

    Did you know: 7 out of 10 people improve their understanding of diabetes within 6 months of being a Diabetes Forum member. Get the Diabetes Forum App and stay connected on iOS and Android

    Grab the app!
  • Tweet with us

  • Like us on Facebook