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#Post#: 39768--------------------------------------------------
Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: T1help
Date: October 8, 2024, 2:26 am
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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“
HTML 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
#Post#: 39782--------------------------------------------------
Re: London Borough of Hackney - PCN Appeal Rejected
DIR By: fraser.mitchell
Date: October 8, 2024, 4:35 am
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Sorry, but no good without data. So read this, and update your
thread accordingly : -
HTML 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.
#Post#: 39798--------------------------------------------------
Re: London Borough of Hackney - PCN Appeal Rejected
DIR By: T1help
Date: October 8, 2024, 6:22 am
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--- Quote from: Incandescent link ---
>
> Sorry, but no good without data. So read this, and update your
thread accordingly : -
>
HTML 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.
>
--- End Quote ---
Thanks I've now changed this. Hope it should be okay.
#Post#: 39800--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: stamfordman
Date: October 8, 2024, 6:36 am
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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.
#Post#: 39808--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: fraser.mitchell
Date: October 8, 2024, 6:45 am
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--- Quote from: stamfordman link ---
>
> 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.
>
--- End Quote ---
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.
#Post#: 39813--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: T1help
Date: October 8, 2024, 7:08 am
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--- Quote from: Incandescent link ---
>
> [quote author=stamfordman link=topic=3375.msg39800#msg39800
date=1728387404]
> 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.
>
--- End Quote ---
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.
[/quote]
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.
#Post#: 39819--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: JoCo
Date: October 8, 2024, 7:48 am
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--- Quote from: T1help link ---
>
>
> 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.
>
--- End Quote ---
Where was the car parked when you were running personal errands?
#Post#: 39828--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: T1help
Date: October 8, 2024, 8:09 am
---------------------------------------------------------
--- Quote from: JoCo link ---
>
> [quote author=T1help link=topic=3375.msg39813#msg39813
date=1728389286]
>
> 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.
>
--- End Quote ---
Where was the car parked when you were running personal errands?
[/quote]
Not at Kayani Avenue, it was parked on another road where
parking restrictions didn't apply but this was 20 minutes away.
#Post#: 39840--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: fraser.mitchell
Date: October 8, 2024, 9:07 am
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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.
#Post#: 39855--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: H C Andersen
Date: October 8, 2024, 10:49 am
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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?
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