Parking fine...treating hypo!!!

Paula2803

Member
Messages
5
Hi. I work for a local authority and deal with parking fines. We usually request confirmation of diabetes and would cancel a Pcn as a gesture of goodwill. I am type 1 so i know exactly where people are coming from. It may be different as you are entering into the terms when you enter of the car park. Please write in an appeal the notice,please just dont assume they wont consider it. Send in proof ie copy of prescription or may need a letter from your gp for proof. Good luck
 
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Pipp

Moderator
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Type 2
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My decision is (rightly or wrongly) that if they reject my appeal I will pay the fine....
Well done, @stellson. Good to have clarification of facts. What a lively debate you started.
Oh and very good luck with your appeal. Hope you are successful, and that you let us know.
 
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I'm actually extremely grateful that I don't have babies/toddlers now. It must be terrifying having a hypo when you have a small child to care for. My girls are old enough to just throw some jellybabies at me :)

I know from experience how scary it has been, being a single mum with a baby.
 

stellson

Active Member
Messages
36
Type of diabetes
Type 1
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Pump
No ticketing payment facilities available at all.....simply a small lamp post sign stating max 2hrs and cctv
 
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helga_t75

Well-Known Member
Messages
49
Type of diabetes
Type 2
Treatment type
Non-insulin injectable medication (incretin mimetics)
Playing Devils Advocate:

I'm shopping, and I wrench my ankle. It requires a sit down and a recovery period before I manage to hobble back to the car.
- and there is a ticket because I am late.

Would I consider trying to avoid paying?

Hell no.

Why not? Worth a try...
 

gobbydwarf

Newbie
Messages
3
If it's a council car park contact them, they'll probably waive the fine. If it's a private car park ignore the letters. You've had the first letter, you'll get another with the fine doubled. Then cos they're such nice people they'll send another offering to accept some reduced amount or further action will be taken. About 2 weeks later you'll get a letter from some made up debt recovery service. Just a different letterhead but from the same parking company. Do nothing and that will be the last you ever hear from them. At least that's been my experience from quite a few parking mistakes.
There are only 2 organisations that can fine you for parking Police & Local counci,l private companies have no right to fine you. They can give you an invoice which you do not have to pay, its happened to me, do not even acknowledge any of their letters forget about it and so will they.There is nothing they can do.
 
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D
Today i received a £70 parking fine from a private company for overstaying by 20 minutes. My reason for overstaying and not moving my car within the time allowed is that I was legally not safe to drive as I was abiding by the DVLA regulations and treating my hypo to raise it to 5mmols and then waiting 45 minutes to ensure the safety of me, my baby and other drivers.

I've not contacted parking company as im waiting on a call back from citizens advice about this however if I don't pay within 8 days they'll increase the charge and take it further....so was I to risk all these lives and break the law???? Confused.....

Hi there

My husband had this happen to him....fortunatly for him I worked for one of these privately owned car park firms...Do not pay the charge !!!

Simply appeal it follow there procedures ... launch an appeal and simply say

Dear Sirs/Madam

I will not be paying your pcn, it is an invoice not a charge and I am envoking The protection of freedom acts 2012(pofa).

Please confirm asap in writing that this has been cancelled.

Kind regards

....
 

gobbydwarf

Newbie
Messages
3
Do not acknowledge any of their letters as they can not fine you, only 2 organisations can fine you The Police & Local council.
Private companies can only issue you with an invoice .. dont pay it, what they going to do take you to court, I doubt it.
It happened to me I threw their nasty letters in the bin, they gave up after awhile . KNOW YOUR RIGHTS AND STAND UP TO THEM
 

3church_49

Newbie
Messages
2
Type of diabetes
Type 1
Treatment type
Insulin
Playing Devils Advocate:

I'm shopping, and I wrench my ankle. It requires a sit down and a recovery period before I manage to hobble back to the car.
- and there is a ticket because I am late.

Would I consider trying to avoid paying?

Hell no.

The difference is, it is completely illegal for you to drive whilst having a hypo, not only is is very dangerous to do so, you can have your license revoked! Now it is at the company's discretion whether they take this in to consideration, and subsequently decide to continue with the fine. But it is in NO way comparable to someone who has injured their ankle. These are the kind of comments that really grind my gears (excuse the pun). In any court, would a judge favour a break in law, or a break in contract? Legality does come into it, because criminal law is superior to civil law, and if it came down to taking it to court, and she could prove that she was in fact having a hypo, the judge would more than likely rule in favour of her.
So chin up to the girl who got the fine, from one diabetic to another, not many 'type 0's' understand our struggles, but there are plenty of people out there who are also battling every day to live a normal life, with a disease that makes normal every day tasks hard.
 
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PG1759

Well-Known Member
Messages
128
Type of diabetes
Type 1
Treatment type
Insulin
Why? I see no difference at all.

There are many, many reasons why someone returns late to their car. In every case they have outstayed their contract time and the fine becomes due.
Why? I see no difference at all.

There are many, many reasons why someone returns late to their car. In every case they have outstayed their contract time and the fine becomes due.
Brunerria is absolutely right. Unfortunately cars parked on private land will be ticketed once they have outstayed there welcome. Whether you were legally fit to drive the car at the time you should have left is irrelevant.
 
A

Avocado Sevenfold

Guest
Google has thrown up this story from DCUK

http://www.diabetes.co.uk/news/2016...g-deadline-to-check-blood-sugar-96140907.html

Not exactly OP's situation, but I though Mr McManus sounds like a charmer so looked up his company's terms :blackeye:

http://as-parking.co.uk/appeals/

"Please note, the following are NOT valid grounds for appeal under contract law, therefore appeals submitted on these alleged grounds will not be granted under any circumstances.:
  • Explanations as to WHY the contravention occurred
  • Requests for mitigating circumstances to be taken into account
  • You disagree with the terms & conditions of use
 

eventhorizon

Well-Known Member
Messages
455
Type of diabetes
Type 1
Treatment type
Insulin
The difference is, it is completely illegal for you to drive whilst having a hypo, not only is is very dangerous to do so, you can have your license revoked! Now it is at the company's discretion whether they take this in to consideration, and subsequently decide to continue with the fine. But it is in NO way comparable to someone who has injured their ankle. These are the kind of comments that really grind my gears (excuse the pun). In any court, would a judge favour a break in law, or a break in contract? Legality does come into it, because criminal law is superior to civil law, and if it came down to taking it to court, and she could prove that she was in fact having a hypo, the judge would more than likely rule in favour of her.
So chin up to the girl who got the fine, from one diabetic to another, not many 'type 0's' understand our struggles, but there are plenty of people out there who are also battling every day to live a normal life, with a disease that makes normal every day tasks hard.
No law has been broken, criminal or civil or any otherwise.
 

zand

Master
Messages
10,784
Type of diabetes
Type 2
Treatment type
Diet only
Well the OP has decided her plan of action which to me seems to be the sensible option. As she says rightly or wrongly she has made up her mind, so I reckon the rest of us don't need to be arguing about the issue anymore. All we need now is for @stellson to let us know the outcome - please :) I hope your appeal is successful, but even if it's not then at least you have tried. :)
 
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nivenj

Active Member
Messages
33
Type of diabetes
Type 2
Treatment type
Tablets (oral)
There are only 2 organisations that can fine you for parking Police & Local counci,l private companies have no right to fine you. They can give you an invoice which you do not have to pay, its happened to me, do not even acknowledge any of their letters forget about it and so will they.There is nothing they can do.

Not true.

If the owner of private land prominently displays any notice that states the conditions upon which someone is allowed to or prohibited from accessing or using that land, and states that a charge will be made if these conditions are not met, any person who accesses and uses that land is doing so in agreement with that notice and any fine is enforceable in a civil court.
 
Messages
1
Type of diabetes
Type 1
This person had a hypo and was following dvla regulations. Say they got in the car and started driving to then collapse at the wheel not only putting themself in danger but other people also. With hurting your foot or leg it's obviously not bad enough for you to be able to walk back to the car. Me being a type 1 diabetic for nearly 23 years. Hypos dont happen often with myself but have been in the shopping centre for lunch and shopping but Unfortunalty my insulin is on carbs and sometimes judging how much carbs are in your food is quite difficult. Specially when eating out. And I have given myself too much insulin thinking that would be the amount of carbs in my food and just before I go back to the car I have this hypo and end up having to spend another 30 minutes to sort myself out however recently I have found lucozade is the best fast acting glucose.
The foot and hypos are too different situaltions. Hypos can happen to no fault of your own
 
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ladybird64

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Oh gawd! 8 pages? :banghead: Get professional advice and/or choose to pay/not pay the charge - and the OP has made her decision. So that's kinda that :D
 
M

ME_Valentijn

Guest
Not exactly OP's situation, but I though Mr McManus sounds like a charmer so looked up his company's terms
Yes, he does sound like a rather unsavory character. Fortunately his company doesn't get to decide what people's rights are! :rolleyes:

In that case, I think the problem is that the diabetic didn't prove that he was on a hypo-inducing medication. Though the judge seems a bit hard-nosed in not accepting the info presented at the court hearing, or delaying the ruling on the case for a couple weeks to give the sleazeball time to read the doctor's note.

Small claims courts in the US tend to be a lot more informal and relaxed regarding the rules, since they're dealing with normal people who are representing themselves, not lawyers. It's not reasonable to expect everyone to understand court procedures. The entire reason for having the courts is to get a just outcome, so any rules should facilitate justice, not impede it.
 

Clarebear23_

Newbie
Messages
2
Type of diabetes
Type 1
Refer to Martin Lewis money advice.
I'm sure that private companies have no legal right to demand money whether in your situation or not.
Only legit parking fine is, police, parking wardens and the council.