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Parking Charge Notice - whilst applying first aid to son following cycle accident

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  • Parking Charge Notice - whilst applying first aid to son following cycle accident

    My son fell off bike after an elderly man walked out in front of him. cut knees, scrapes and a damage cycle. I dashed to him - using a van with a cycle carrier (friend's not mine) parking off the road in parking spot in front of a chemists. photos taken show my son with blood running from knee - me applying first aid - looking at damaged bike etc. I never left the van and all photos (12) show me and my son - i did not see the sign about parking for patrons only in the 14 minutes there. I then went straight to cycle shop leaving bike for repair. I was not the registered keeper but when the PCN came i emailed and explained what had happened and scanned in bike receipt and said i was driver. Received email saying that they were unable to log or consider my appeal as they require a transfer of liability from the registered keeper naming me as the driver. This has not been done. two minutes later i received a email saying my appeal is rejected - quoting Beavis case. The registered keeper has not advised them she was not the driver but I have now said i am. I had thought given the photos which show my son hurt and the bike damaged - and us never leaving the area - that the PCN would have been waivered - it deemed an emergency. I spoke to the chemists by phone, apologising and they said had i gone into the shop they would have put my van details down but of course i didn't as i was concerned with dealing with the scene before me. Should I appeal to IAS? I have contacted my local paper and attached photos taken by the parking enforcement cameras showing my son with his damaged bike and knee pouring with blood.
    Tags: None

  • #2
    Of course you are required to let your child bleed to death so as to comply with some parking regulation, who could think otherwise!

    Sadly, at least for parking enforcers, the law has not yet caught up with that interesting proposition of law, despite the opportunity for the Supreme Court in the Beavis case, to do so.

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    • #3
      I have found with Parking enforcement, it is a case of fine them, no matter what the cirmstances are, just get the money.

      Comment


      • #4
        So the situation at the moment is that they are taking action against the keeper even though they know the identity of the driver?

        Go back to the chemists now with the PCN and photos and ask again for it to be cancelled. The personal touch often works when a phone call doesn't. If it's a chain then if no result then contact head office.

        POFA 5 (1) (b) no longer applies as they know the identity of the driver and therefore there can be no claim against the keeper. There is no requirement for liability to be transferred by the keeper nor permission from the keeper. As usual they are talking rubbish

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