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UK-Justice, Barrister
Category: UK Traffic Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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12 July 2010

Without prejudice

PO Box 1355
Huddersfield HD1 9ZN

Dear Sirs

Penalty Notice 505081

On 29th June 2010 I visited the Great Northern Retail Park. Firstly I went to Homebase having parked in a disabled bay, leaving my blue badge on show.

When I came out I needed to visit Boots the Chemists. Although it is only two shops away I was obliged to move my car nearer to that shop due to my walking disability. I will be eighty years old in three months and suffer from severe osteo arthritis. Two or the disabled bays outside Boots were already taken but the middle one was free and I turned in there and displayed my blue badge correctly. There was not a lot of room for manoeuvre and, although my car was in a marked ba,y the rear end stuck out approximately two feet. The road behind me was a road plenty wide enough for two cars and as I only required to purchase one medication and did not intend to be more than a few minutes I felt that I was adequately parked. I got out of the car leaving my mentally handicapped daughter inside. If I had intended to be more than a few minutes I would not have left her.

As I closed my door a gentleman approached me from the direction of Boots and I took him to be the Boots security guard. He said I should not leave my car as the back end was protruding. I explained that due to my disablement it was extremely difficult for me to get in and out of cars and caused me a lot of pain. I informed him that I would only be a few minutes making my purchase. It must have been very obvious to him that I could walk only with great difficulty. As I went towards Boots he said that if anybody hit my back end my insurance company would not be liable but that I would. As I felt that it was more than unlikely that anybody would hit the back end I continued. At no time did he state that he could, or would, issue a parking ticket if I did not move the car. I was a very short time in Boots but when I came back he was still standing near my car and was writing. He then came nearer, put the notice in a plastic bag and stuck it to my windscreen. I asked why he had not warned me that he would issue a ticket if I did not move the car and he told me that he had needed to speak to his Manager on the phone to find out if he could, indeed, issue a ticket. If this was the case surely he should have told me that this was his intention before I left the car.

If the gentleman, who I did not recognise as a warden, had given me notice that he intended to issue a penalty notice I would have gone without my medication and gone straight home. I feel that I have been very unfairly treated. It seems to me to be disablement discrimination.

The ticket has ticked the box ‘out of marked bay’. In fact at least 90% of my car was inside the disabled bay

May I say that if I had been in a four X four and had been as far into the parking bay as possible I would have stuck out at the back by the same amount, or more, than I did on this day. A van collecting goods or a wheelchair carrier would have stuck out perhaps even further.

I have telephoned your office twice and explained the circumstances. One lady said she would send me a copy of your warden’s photo by e-mail but this has not been received by me although I gave my address [email protected] They both said that if I wished to appeal I should write. I now ask you to kindly cancel the penalty notice taking all the above facts into consideration.

Yours faithfully

Mrs J L McGill
If it is a penalty notice you should IGNORE it. They have no contract with you, there are no terms that you can agree to (unless posted on every bay) and they certainly have NO LOSS. They would need to prove all this in Court. Throw this away - they have no more right to charge you for parking that your neighbour does. You will get some threatening letters but it is all hot air and no action - I have loads!
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