Quote:Appeal to the Adjudicator

These are the facts.

My vehicle was parked in XXXX High Street with an improperly displayed Disabled Badge.

But there are, in my opinion, powerful mitigating circumstances why this PCN should be waived.

At the time the vehicle was parked there were no other available parking bays throughout the length of XXXX High Street (approx. 1/2 mile in length, if not longer).

I was taking my mother to an Opticians appointment who’s shop is located at the top end of the High Street. My mother is 86 years old, is frail and can barely walk - and only then with the aid of a stick and an arm (in this case mine) - and walking always causes her pain. I, therefore, parked at the closest possible point to the Opticians.

My mother is now partially blind in one eye due to a mature cataract that she has persistently refused to have treated out of fear, and which has taken me at least two years to convince her to undergo treatment. Hence this appointment!. She is also somewhat hazy in the other eye too because of a previous cataract operation that wasn’t as successful as it might have been and which caused her pain and discomfort during the procedure.

So as to minimize the discomfort and difficulty she suffers when walking, I parked as closely to the Opticians address as I could. The pain and difficulty she experiences derives from a fall she had 18 months ago (due to her poor eyesight) that resulted in a broken hip necessitating a partial hip replacement. She is presently undergoing further treatment for ongoing inflammation and the constant pain to her hip and lower leg. Notwithstanding this, she also suffers from Angina that causes her additional discomfort (shortness of breath) when walking.

There simply was nowhere else to park within walking distance for such a severely disabled person. As I have explained previously to the Council, I do not know the procedure for displaying a Disabled Badge as I have never used one before. The extent of my involvement in this was to make sure my mother - who is the Badge holder - displayed the Badge in the windscreen. To the best of my knowledge I had done all that I needed to do to park legally.

The Badge was in force (proof of this has been provided to the Council) but was displayed improperly - as we now know. My mother is normally fairly lucid for her age but in situations like these (attending an Optician, Hospital, Doctor etc) she has a tendency to become fazed because of panic/stress. There was, therefore, no intention to break the law.

I am concerned that the photograph provided by the Council does not fully nor accurately reflect the situation at the time of parking. Had it been taken from the other direction (looking down the length of High Street) a far more accurate picture of the actual situation would arise. There was no space behind me. Another motorist had parked directly behind me and there was no other choice but to park on a drop curb (not forgetting that parking on a drop curb with a properly displayed Disabled Badge is not an offense). I can only imagine that the Council’s decision to mention the drop curb is to justify its decision not to waive the charge and to bolster their hope that this will ameliorate their position. After all, it remains one parking offense at best - not two and, moreover, the ticket issued was for an incorrectly displayed Disabled Badge and not for parking in front of a drop curb.

I feel quite strongly that this is a case where XXXX Council had the opportunity to react with consideration and dignity to the foregoing circumstances but have chosen, instead, to strictly adhere to the letter of the law.

I understand and appreciate that the Adjudicator may only allow an appeal if it falls within the stated statutory grounds -- and in this case it clearly doesn’t. However, the Adjudicator may recommend the Council to waive the charge if he/she decides there are sufficient mitigating circumstances in the appellants case. If ever there were a case where mitigating circumstances apply it is, in my view, this one.