Hypos and parking fines

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Mags377

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Type 1
HELP AND ADVICE NEEDED

I received a parking fine back in 2019 where I had pulled in to the side of a petrol station where no stopping was allowed. I felt unwell and suspected I was having a hypo so quickly pulled in to the nearest safest place I could, there were no unoccupied spaces in the petrol station to park and I didn’t want to park at a pump so pulled in where I would not obstruct anyone but in a place where if I needed to get help from somebody I could. I tested my blood and it was 3.4 so proceeded to treat hypo. I received a penalty in the post, I have appealed 3 times and it’s been rejected and Met Parking Ltd are now taking me to the small claims court , I am stressed and anxious and need some advice or help. I have explained that I am legally unable to drive if having a hypo so unsure as to what I was supposed to do in that situation. I would have been breaking the law and putting myself and other road users and pedestrians in the petrol station in danger had I continued to drive looking for somewhere to park, it was a medical emergency at that moment and I had no option but to pull in. Any advice or help with going forward would be gratefully appreciated. Thanks
 
2 instintive reactions:

1. Ask DUK, phone no at the top of my screen, if they have advice or examples of precedent etc.

2. See them in court. On the face of this your defence is strong. Do you have any evidence to support or prove your hypo, such as Libre records. I think I can get LibreView records (the web based detail from Libre daily readings) going back in time.
 
Mags377 said:
HELP AND ADVICE NEEDED

I received a parking fine back in 2019 where I had pulled in to the side of a petrol station where no stopping was allowed. I felt unwell and suspected I was having a hypo so quickly pulled in to the nearest safest place I could, there were no unoccupied spaces in the petrol station to park and I didn’t want to park at a pump so pulled in where I would not obstruct anyone but in a place where if I needed to get help from somebody I could. I tested my blood and it was 3.4 so proceeded to treat hypo. I received a penalty in the post, I have appealed 3 times and it’s been rejected and Met Parking Ltd are now taking me to the small claims court , I am stressed and anxious and need some advice or help. I have explained that I am legally unable to drive if having a hypo so unsure as to what I was supposed to do in that situation. I would have been breaking the law and putting myself and other road users and pedestrians in the petrol station in danger had I continued to drive looking for somewhere to park, it was a medical emergency at that moment and I had no option but to pull in. Any advice or help with going forward would be gratefully appreciated. Thanks
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Fear not, they won't take you to court as its expensive to do so & a judge would throw the case out anyway, they know this to well & that's why court action will never see light of day.

These private parking firms are sharks & use scare tactics to intimidate people to pay those overinflated penalties, they are not legally enforceable & only those issued by Police or Council Officials are, I had one 2 years ago in a retail park & just ignored letters & those from their so called solicitor firms, they don't use real solicitors as those letters are sent in-house by some employee using threatening tactics, if you don't believe me go to any legal advice websites or forums & look up info & advice there about these cowboy parking firms.
 
Are they actually taking you to court @Mags377 or have they just threatened to do so? It’s unlikely they’d take you to court as you have a clear defence.
 
They won’t take you to court. Brazen it out. My hubby has a complex heart condition and I took him to A&E June 2018 as requested by GP. He had lots of tests and we were in over 10 hours, I paid for 4 hours I think. Of course I got a parking fine. I appealed, even sending the discharge letter from the hospital, I try to appeal to their better nature, they didn’t have one. I explained at least I’d paid something, I didn’t intend to fraudulently park etc etc. They weren’t having it. My “debt” has been passed on to other collection agencies. The letters now go in the bin. Let the charlatans take me to court, I don’t care, but I know they won’t too expensive for them, they rely on fear. Just ignore them now, you’ve appealed and there’s nothing more to say, don’t give in. Good luck.
 
The letter I have received is from the courts it’s a proposed notice of allocation for the small claims track so a judge has looked at case and has given the go ahead for Met Parking to proceed at small claims court. The actual incident took place in August 2019 and I sent my appeal then heard back that they rejected it but heard nothing since then until a few months ago , I am beside my self with worry as I don’t work as have other health issues and am registered disabled and have also been dignosed with anxiety and depression since 2017 when I had a breakdown, I went to citizens advice today but they couldn’t help I don’t know where else to turn to , I feel like if I’d had a heart attack or another life threating situation then it wouldn’t have gone this far but a hypo is just as life threating people just don’t see it that way unfortunately. I can’t understand why they are so intent on going to court when I have stated it was a medical emergency and illegal for me to continue to drive , I just don’t know what to do next
 
Mags377 said:
The letter I have received is from the courts it’s a proposed notice of allocation for the small claims track so a judge has looked at case and has given the go ahead for Met Parking to proceed at small claims court. The actual incident took place in August 2019 and I sent my appeal then heard back that they rejected it but heard nothing since then until a few months ago , I am beside my self with worry as I don’t work as have other health issues and am registered disabled and have also been dignosed with anxiety and depression since 2017 when I had a breakdown, I went to citizens advice today but they couldn’t help I don’t know where else to turn to , I feel like if I’d had a heart attack or another life threating situation then it wouldn’t have gone this far but a hypo is just as life threating people just don’t see it that way unfortunately. I can’t understand why they are so intent on going to court when I have stated it was a medical emergency and illegal for me to continue to drive , I just don’t know what to do next
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Some solicitors will offer free 30min consultations so you could try that to get some legal advice, you may qualify for pro bono representation or advice on how best to present your case.
 
Mags377 said:
The letter I have received is from the courts it’s a proposed notice of allocation for the small claims track so a judge has looked at case and has given the go ahead for Met Parking to proceed at small claims court. The actual incident took place in August 2019 and I sent my appeal then heard back that they rejected it but heard nothing since then until a few months ago , I am beside my self with worry as I don’t work as have other health issues and am registered disabled and have also been dignosed with anxiety and depression since 2017 when I had a breakdown, I went to citizens advice today but they couldn’t help I don’t know where else to turn to , I feel like if I’d had a heart attack or another life threating situation then it wouldn’t have gone this far but a hypo is just as life threating people just don’t see it that way unfortunately. I can’t understand why they are so intent on going to court when I have stated it was a medical emergency and illegal for me to continue to drive , I just don’t know what to do next
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I understand how unfair it is, but for an easier life would paying the fine be the better of the options? You can then move on and put it all behind you.
 
If you haven't already asked DUK give them a call ASP tomorrow and see if they have advice.

I still think your defence case is incredibly strong - this was a medical emergency and you were treating your hypo in accordance with Diabetes medical protocols as well as complying with DVLA legislation. That said I'm not you and recognise this is both stressful and frightening for you.
 
Definitely call
Mags377 said:
The letter I have received is from the courts it’s a proposed notice of allocation for the small claims track so a judge has looked at case and has given the go ahead for Met Parking to proceed at small claims court. The actual incident took place in August 2019 and I sent my appeal then heard back that they rejected it but heard nothing since then until a few months ago , I am beside my self with worry as I don’t work as have other health issues and am registered disabled and have also been dignosed with anxiety and depression since 2017 when I had a breakdown, I went to citizens advice today but they couldn’t help I don’t know where else to turn to , I feel like if I’d had a heart attack or another life threating situation then it wouldn’t have gone this far but a hypo is just as life threating people just don’t see it that way unfortunately. I can’t understand why they are so intent on going to court when I have stated it was a medical emergency and illegal for me to continue to drive , I just don’t know what to do next
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I didn’t think the small claims court existed anymore - I thought they were now Money Claims or something similar. If it is a Money Claim, you should be given a ref number to put your side of the case online. I suggest you phone Diabetes U.K. for advice, the put this in your ‘evidence’, along with the DVLA guidance about hypos (summarise it).
 
Amity Island said:
I understand how unfair it is, but for an easier life would paying the fine be the better of the options? You can then move on and put it all behind you.
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To be frank. This would be my course of action. The situation sucks, I’m no lawyer. Can anyone here contributing claim to be?
With a quick Google on how much the fine would cost. I was diverted then found plenty of other advice advocating “it” can (or maybe) be quashed?
A couple of examples I found from strangers online. https://forums.moneysavingexpert.co...ey-follow-up-on-there-threat-or-one-to-ignore

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I wouldn’t take that chance because I have to many other things to occupy my life to keep my head above water.
I’d rather not mess about and find out?
 
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