I was in a roadside collision (moped on wet pavement slipped out from under me) which resulted in an Unsupported Open fracture. As in arm hanging down were it not for the sleeve of my suit and coat. A cyclists stopped to help. I limped off the road while he picked up the moped and took it to nearest convenient place which happened to be a Kensington and Chelsea Parking bay (I think its their's as the letterhead has their Logo and is a Penalty Charge Notice rather than a Parking Charge Notice) on Cheyne Walk. Ambulance came within minutes as this is right by Chelsea and Westminster Hospital. Police came as I was being examined in the back of the ambulance. They examined the scene, took a quick statement from me and said nothing about the placement of the moped. They gave the CAD number for the incident.
In the afternoon while still in care after surgery, a friend came to visit and I asked him to collect the moped as I wasn't sure exactly where it was left.
Surprise surprise I get a PCN (Penalty Charge Notice) letter through my door. I refused it saying I was in an accident blah blah blah.
Then they reply saying since you said you were in an accident, you need to obtain so and so report from police. Well it turns out the report cost £144 something to obtain. To dispute an £80 fine...Aha right away mate.
I reply via email saying No Way Jose and basically saying I aint paying for the report but here's other proof to support what I'm saying. I photocopied them a letter from hospital showing the diagnosis, time and date of admission etc. As well as letter from police confirming they attending the scene and so on, and the CAD number. I concluded the email saying:
"I trust this information contains more than enough evidence to support my case and will be sufficient to dismiss the PCN and avoid any time and resources being wasted on hearings and tribunals. "
Feeling o so powerful.
So now they replied 3 days ago saying:
"Unfortunately your evidence was not attached to the email. Further consideration has been given to the case, however, we are unable to cancel the PCN. We replied to the points raised in the initial correspond dated **/**/**. I have enclosed a copy of our response"
Utter mugs.And here's the thing, they do not clarify what evidence. no idea what they mean by "we replied to the points raise in the initial correspondence" - when and how? They ** out the date...and they didn't enclose a copy of their response.
I'm so livid at this point so I decide to write back:
To whom it may concern,
I am asking from the outset that this matter be escalated to the appropriate individual with the authority to review matters with exceptional circumstances, since it clearly has not been with my previous email.
I am writing in reply to your latest letter dated 11/10/2016.
I am now going to address the following lines of your letter (quoted).
“We replied to the points raised in the initial correspondence dates **/**/**. I have enclosed a copy of our response.”
When and in what form have you replied? As I have not received such a reply.
What date is **/**/**?
Where have you enclosed a copy of your response? Only a singe page was included in the envelope with the letter.
“Unfortunately your evidence was not attached to the email.”
What evidence are you referring to? My last email included plenty: photocopies of letters from the Hospital into which I was admitted with the diagnosis of an Unsupported Open Fracture. To help you out, this is what that looks like:
(included image of my X-ray with both forearm bones clearly broken out of place and a picture of my arm bent arm )
As well as letters from the Metropolitan Police confirming that I indeed was in a collision on the stated date and time. This included a memo from a Met Police Office with the CAD number of the incident.
As I said in that email, I was in NO condition to move my moped. in fact, the only reason it was not left lying on the road, was because a passing cyclist stopped to help and picked it up and moved to where it was left in the parking bay. So to clarify: I did not park it there. The ambulance crew arrived within minutes and examined me in the back of the ambulance which is when the police arrived to assess the situation. Nothing was said to me about the placement of my moped, but I’m sure they were happy with it being OFF THE ROAD and left in the nearest convenient location by the helpful cyclist, which just so happened to be one of your parking bays.
I’m sure this caused you great financial loss as you’re so clearly set on squeezing every penny you can from this horrific disregard of your parking rules. But I hope you are capable of seeing how illogical it would be for me to pay £144 for a police report to dispute an £80 and let alone a £40 fine, which is doggedly being pursued with complete disregard of the circumstances. If you need this report so badly, I suggest you attain it yourself. You have all the details you need from my emails.
To sum up:
I did not park my moped there. Someone else did, without my consent as I was not in control of due the broken arm. Obviously.
I was in a lot of pain, with the only thing stopping my arm from dangling down towards the floor was the suit sleeve in which it was in.
It was a roadside accident that lead to the moped being removed off the road and parked on your bay. So exceptional circumstance as apposed to a blatant disregard of the rules.
I have not yet sent the email as only at this point did I decide to google PCN law and find that people are successfully disputing their fines following some of the methods on this forum. I'm completely new to this but from a browse around I get the impression that I have already admitted my guilt by engaging in correspondence with them via email.
What do you think is my best course of action now? Should I continue with my email? Or should I now begin R4Cing them? I am completely convinced I am not at fault and have no intention whatsoever on paying a single £ to these rams. Do I stand a chance?
Thank you for making it through this much text...Any input is much appreciated!