Free Traffic Legal Advice

Good morning,

I received a PCN from LB of Hackney on Sunday 15th September 2024 for parking in a loading bay. I parked there because I have Type 1 diabetes and my blood sugar levels dropped. I checked it on my glucose monitor and it was 4.8 mmol/L. An image of this was sent as part of the initial appeal along with the time on the glucose reading. I explained that I went to the shop to get a snack to deal with my sugars to prevent getting a hypo as it needs to be at least 5.0 mmol/L to be able to drive. I parked in the loading bay due to the rest of the parking spaces being full and needing to treating my sugar levels accordingly.

This was their response:

“ In this instance, the Civil Enforcement Officer started observing at 08:51 and took the last photo of the vehicle at 09:06,
which indicates that they were in the vicinity of the vehicle for at least 15 minutes. We believe that 15 minutes is
sufficient time for the Civil Enforcement Officer to witness mitigating circumstances in progress.
We have noted your comments, and although we sympathise with the circumstances that you have described, it remains
the driver’s responsibility to park legally. It is unfortunate that your blood sugar levels dropped, however, we only
consider cancelling a Penalty Charge Notice in the event of a serious medical emergency that requires immediate
professional medical assistance, therefore we are satisfied the contravention has occurred.
Please be advised that as a motorist, it remains your responsibility to always check the relevant sign(s) and road
markings for any space, in which you intend to park. The motorist must ensure that they have parked in line with the
parking rules and restrictions“

https://imgur.com/a/ALVvmsv - This is the PCN

With this being said, they didn’t view me treating my sugar levels as a serious medical emergency. Is it worth still appealing this? The DVLA are aware I’ve got T1 diabetes and I have a 3-year restricted licence.

Thanks

Sorry, but no good without data. So read this, and update your thread accordingly : -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
However, based on your narrative, you would seem to have a reasonably strong case.

Thanks I've now changed this. Hope it should be okay.

Kayani Ave is a back street in new developments - why were you driving there?

How come it took that long to buy a snack?

Seems they don't believe your story as I'd expect discretion and this was a Sunday.

Except that the reps were informal so got the usual Fob-Off letter. However, the OP does need to tell us why he was t here for so long.

I was only there for about 15-20 minutes. Walk to the Sainsbury’s is about 4-5 minutes. Needed to purchase a snack and be okay to walk back. Normally you need to wait minimum 15 minutes to allow your blood sugar levels to rise. But I was in the area running personal errands for a big day ahead.

Where was the car parked when you were running personal errands? 

I once worked with a diabetic person, and can confirm that after eating something to restore sugar levels, a period of around 15 minutes is needed before they rise, as digestion has to take its course, it is not instantaneous.

IMO, most adjudicators would take the view that given the OP's knowledge of their condition they should have these items to hand - the substantive point being beyond the driver's control. I can remember several years ago sitting in on a hearing on exactly these issues, the driver/appellant even brought their hessian bag with them and produced a bottle of what looked like Lucozade. In the end the adjudicator found a flaw in an unrelated element of the council's evidence.

OP, do you hold a BB?

No I don’t hold a BB. Having Type 1 diabetes doesn’t qualify me to have a BB.

PCN link has been attached in original post. The comment above doesn’t appear to be negative. If have to forfeit and pay the fine, then fair enough. Just a lesson learnt for me next time to not do that again and to park in the right space.

As far as I can determine, the link goes to their response to your unseen challenge, not the PCN itself.

On this basis, do I have a fair chance of escalating this?