Well done, @stellson. Good to have clarification of facts. What a lively debate you started.My decision is (rightly or wrongly) that if they reject my appeal I will pay the fine....
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
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.
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.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.
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.....
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? 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.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.
No law has been broken, criminal or civil or any otherwise.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.
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.
Yes, he does sound like a rather unsavory character. Fortunately his company doesn't get to decide what people's rights are!Not exactly OP's situation, but I though Mr McManus sounds like a charmer so looked up his company's terms
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