Hello
Unusual situation. TLDR: parking ticket for hospital emergency, not able to appeal as changed address recently and didn't receive correspondence to main address.
I received a parking ticket when taking my pregnant partner into labour. It was an urgent situation and I had to park in the "drop off zone" which has a 10 mins window at the hospital. (Parking in the main car park was not possible: she was having frequent contractions )and in severe pain and couldn't walk and there was a long queue into the hospital as there often is). Once in the hospital she was admitted straight into the labour ward, I had no opportunity to move the car otherwise I risked missing the birth!
As expected I received a parking ticket. The situation was complicated by the fact we moved house last year and I had updated my driving license but hadn't realised I also needed to update the v5c form. As such all initial correspondence went to an old address. It wasn't until my case passed to the parking firm's solicitors that they found my correct address (presumably via electoral role) and I received notice of debt recovery. I immediately contacted them to appeal but was unfortunately a few days out of the appeal window. I pressed my case hard using the argument below, however I haven't been successful.
My argument was as follows:
1. The incorrect address arose because I had recently moved (15 months before the incident) and was unaware that I needed to update the V5C document as well as my driving licence. The British Parking Association's Code of Practise is quite clear: "Where the Registered keeper has changed their address and failed to inform the DVLA.... organisations must consider the circumstances surrounding the failure to notify the DVLA....was the failure made shortly after a house move".
2. In line with the wording of the British Parking Association Code of Practise, I do not believe my actions amounted to “wilfully neglect or intentionally refuse” to notify the DVLA. This is evidenced by the fact that I updated my driving licence the day after moving to my new address and have since updated the V5C with my new address accordingly.
3. Finally, the circumstances surrounding my case would very likely have been accepted as grounds for an appeal. I was taking my partner to hospital to give birth—she was heavily dilated, unable to walk, and in severe pain. Because there was a queue for the main car park, I had to use the drop‑off zone, and I was unable to move the car as she was immediately admitted to the labour ward.
I am prepared to take this to legal challenge but would like an opinion on how likely a successful challenge could be in court. I appreciate any perspective particularly regarding the clauses I referred to in the Code of Conduct above.
Thank you