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Mum told to prove daughter was dying in fine appeal
Fit and fined: Susanne Bayly and daughter Lesley, 14, who was taken ill while in the car
Fit and fined: Susanne Bayly and daughter Lesley, 14, who was taken ill while in the car

A woman who pulled over as her daughter suffered a hypoglycaemic seizure has been fined £690 by Merton Council for parking illegally.

Susanne Bayly of Coombe Lane, Raynes Park, stopped outside Tesco on Merton Road in January last year after her daughter Lesley, 14, started to have a fit caused by a rare diabetic condition, hypo insulism. Just moments later a traffic warden issued a ticket and when Ms Bayly attempted to appeal the fine, Merton's traffic services sarcastically asked her to prove her daughter was dying.

"It's the whole way that we've been treated that really gets to us," said Ms Bayly.

"We've been made to feel like criminals even though we've tried to appeal for entirely genuine reasons.

"There's a ridiculous flaw in the system that when a child suffering from a serious medical condition doesn't qualify for a successful appeal."

The fine has grown after two unsuccessful appeals and eventually Ms Bayly was forced to back down when, two weeks ago, parking officers clamped her car without notice.

She has now paid the fine but only with financial help from a friend and is at a loss as to why her appeals have not been upheld - Merton Council had previously cancelled a ticket given under similar circumstances. And in 2006, Westminster Council removed a wheel clamp within 40 minutes after Ms Bayly was forced to abandon her car to seek medical treatment.

“There’s a ridiculous flaw in the system that when a child suffering from a serious medical condition doesn’t qualify for a successful appeal.”
Susanne Bayly

Her daughter's condition means that she is regularly prone to hypoglycaemic episodes requiring immediate attention, but this does not qualify Ms Bayly for a blue badge.

Twickenham MP Vince Cable is campaigning for the law to change after a consultation on the "blue badge" parking scheme for the disabled.

He said: "I fully appreciate that it is important to prevent a devaluation of the scheme with councils handing out blue badges indiscriminately. But there is at present a degree of rigidity which prevents really needy cases receiving help."

A Merton Council spokesman said: "Merton Council does not tolerate illegal parking. Where there are special circumstances the council will give consideration to all representations received against the issue of Penalty Charge Notices.

"Ms Bayly was issued PCNs for parking in contravention of the parking regulations. This happened on two occasions and, including the bailiffs costs, the charges amount to £329.34 for each offence.

"Ms Bayly has not provided any proof of emergency and she did not appeal to the Parking and Traffic Appeals Service for an independent adjudicator to hear her cases, as is her right."

10:38am Thursday 15th May 2008

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Posted by: BP, Mitcham on 5:06pm Thu 15 May 08
I thought blue badges were originally issued to people unable or virtually unable to walk so that they could park within easy reach of shops etc. These days it seems as though thay are issued for any type of illness.
Posted by: C Kent, Merton on 7:22pm Thu 15 May 08
What ridiculous sensationalism! If the mother had just paid the fine of £50 instead of trying to repeatedly use her child as an excuse for poor parking it would never have escalated to £690. All formal parking appeals go to an independant adjudicator outside the control of Merton Council. I would also like to point out that only baliffs clamp cars for unpaid parking fines and Merton Council does not employ Traffic Wardens they are employed by the Police so your story is inaccurate on many levels!!
Posted by: Robert Bagley, Merton on 8:42pm Thu 15 May 08
Merton Council are in a serious mess when it comes to parking fines where they are legitimate its fine I agree pay the fine and walk away. However, when it comes to problems like this there is very little done to help people with a genuine problem I fully support this parent and her daughter. The fact is that we pay bureaucrats sitting in their civic centre offices at our expense to arbitrate on who pays fines and who does not. Traffic wardens are indeed employed by Mertyon parking services and issue tickets whereupon the moneies paid go directly into Merton Councils funds. If you are on the wrong side of an unfair ticket I say take it all the way and go to court unless you stand up to unfair decisions the council have a mandate to walk all over the people who pay to keep them in jobs.
Posted by: R, Wimbledon on 8:16am Fri 16 May 08
I'm sure she was asked to corroborate the story as you can only imagine the type of stories people hear to get out of a parking ticket. Its the school "the dog ate my homework" story, just on a higher level. If it happens, I'm sure the doctor or hospital attended would be more than happy to provide information to back your story up!
Posted by: james dell on 9:42am Fri 16 May 08
So moments later thhe traffic warden gave the ticket, how long was she parked there, is this the same Tesco express with the big off road parking area,why is it people can't except they are wrong, just pay the fine I get fed up listening to whinging people who feel laws only apply to other people.
Posted by: carly, london on 10:00am Fri 16 May 08
You people have no compassion whatsoever.
How about if someone you love was in your car & had a seizure like Lesley. Would you drive around to find a suitable parking space just for conveinience sake?
I dont think so, I would find the first place to stop & if I could, I would stop slap bang in the middle of the road. Im sorry but I think a persons life is a little more important that finding somewhere to park.

Next time you slag this woman off for using her daughters illness, stop & think how you would react as I certainly wouldnt waste time finding a parking space then going to pay for it & then decide to help that person.
And merton council are just as bloody bad, bet they stop wherever they like just for no reason but that doesnt matter does it!!
Posted by: Horst Bullinger, Wimbledon on 10:45am Sat 17 May 08
Let’s not forget, that the Council Tax would have to go up if suddenly all motorists in Merton started parking strictly within the law. I made this comment during a Budget debate in a Council meeting some years ago under the previous administration. The Labour Councillors thought this was a cynical remark. Maybe so, but it’s true to this date.
This explains also why parking fees and traffic fines in the UK are among the highest in the world and totally out of proportion in relation to the nature of the crimes committed. Imagine the sort of offences one could commit before having a fine of 690 pounds slammed on you.
Posted by: Horst Bullinger, Wimbledon on 10:47am Sat 17 May 08
Let’s not forget, that the Council Tax would have to go up if suddenly all motorists in Merton started parking strictly within the law. I made this comment during a Budget debate in a Council meeting some years ago under the previous administration. The Labour Councillors thought this was a cynical remark. Maybe so, but it’s true to this date.
This explains also why parking fees and traffic fines in the UK are among the highest in the world and totally out of proportion in relation to the nature of the crimes committed. Imagine the sort of offences one could commit before having a fine of 690 pounds slammed on you.
Posted by: Horst Bullinger, Wimbledon on 10:49am Sat 17 May 08
Let’s not forget, that the Council Tax would have to go up if suddenly all motorists in Merton started parking strictly within the law. I made this comment during a Budget debate in a Council meeting some years ago under the previous administration. The Labour Councillors thought this was a cynical remark. Maybe so, but it’s true to this date.
This explains also why parking fees and traffic fines in the UK are among the highest in the world and totally out of proportion in relation to the nature of the crimes committed. Imagine the sort of offences one could commit before having a fine of 690 pounds slammed on you.
Posted by: MR, Merton on 11:57am Sat 17 May 08
C Kent wrote:
What ridiculous sensationalism! If the mother had just paid the fine of £50 instead of trying to repeatedly use her child as an excuse for poor parking it would never have escalated to £690. All formal parking appeals go to an independant adjudicator outside the control of Merton Council. I would also like to point out that only baliffs clamp cars for unpaid parking fines and Merton Council does not employ Traffic Wardens they are employed by the Police so your story is inaccurate on many levels!!
What kind of hogwash is this. The wardens are not employed by the please, each borough is responsible for its own wardens. This can be shown by the different regulations and fines imposed by each different borough in the London area. The Met Police could not possible control such an operation.

Merton Council also happen to have one of the worst reputations for unregulated and unfair fines in the Greater London area. I think it is time in short that the council stopped sitting in their offices counting the bank notes and actually listened to the people who pay their wages.

As for the £50 fine. It is not a question of if and but. The fact remains that the lady pulled over to help her daughter who had slipped into a fit. I am sure sir that you would have done the same thing in such a situation. One wonder if the writer of this comment has ever had to appeal anything in their life , it is widely acknowledged that such bodies while independently governed "look after their own"
Posted by: ric, kingston on 9:11am Mon 19 May 08
why do all my post get removed?

propergander at its finest.
Posted by: carly, london on 10:24am Mon 19 May 08
I was one minute late to my car & even then, my watch said I was early & got a ticket. I know its not much to appeal on but I did & didn't get anywhere.
I paid the fine but thought I'd give the bas***ds something to do up there in their office & paid it all in pennies!! Hahahahaha
Posted by: Pete, Surbiton on 9:21pm Mon 19 May 08
I could be wrong, but I strongly suspect that what's happened here is that Ms Bayley thought she made an appeal when in fact she hadn't.

Perhaps she didn't properly read the "how to appeal" information on the back of the penalty charge notice. Or maybe it was worded in a way which was unclear. Either way, it sounds like she thought that phoning up the council and saying "this isn't right" constituted a formal appeal - but of course, it doesn't.

Clearly there's been some wires crossed somewhere. I think the real story here is the non-clarity of the appeal process.
Posted by: ash, Raynes Park on 8:43pm Tue 20 May 08
Someone who knows the family told me the mum was in Tesco shopping when she got the ticket so I guess that why it was not cancelled!
Posted by: C kent, merton on 8:49pm Tue 20 May 08
MR wrote:
C Kent wrote: What ridiculous sensationalism! If the mother had just paid the fine of £50 instead of trying to repeatedly use her child as an excuse for poor parking it would never have escalated to £690. All formal parking appeals go to an independant adjudicator outside the control of Merton Council. I would also like to point out that only baliffs clamp cars for unpaid parking fines and Merton Council does not employ Traffic Wardens they are employed by the Police so your story is inaccurate on many levels!!
What kind of hogwash is this. The wardens are not employed by the please, each borough is responsible for its own wardens. This can be shown by the different regulations and fines imposed by each different borough in the London area. The Met Police could not possible control such an operation. Merton Council also happen to have one of the worst reputations for unregulated and unfair fines in the Greater London area. I think it is time in short that the council stopped sitting in their offices counting the bank notes and actually listened to the people who pay their wages. As for the £50 fine. It is not a question of if and but. The fact remains that the lady pulled over to help her daughter who had slipped into a fit. I am sure sir that you would have done the same thing in such a situation. One wonder if the writer of this comment has ever had to appeal anything in their life , it is widely acknowledged that such bodies while independently governed "look after their own"
Councils employ Civil enforcement officers to issue parking fines only the Met employ Traffic Wardens used to police red routes.If you are going to criticise my posts please make sure you get your facts correct first.
Posted by: Chanelle, Wimbledon on 12:44pm Thu 22 May 08
It ia a ball, if she thought it was wrong to get a ticket, go to court and sort it out which i asume was done but the declined it so you had to pay, which you never done!! so if the court tell you to pay PAY! using your daughter as an excuss is really horrid!! did you have a good shopping trip that day then got all the food you wanted.
Yu people make me sick.
Posted by: Anon, Croydon on 12:42pm Sat 24 May 08
I work for Merton and yes they do have their own baliff team who not only are used for collecting unpaid council tax, but also collect unpaid parking fines so yes this article is pretty accurate
Posted by: Anon, Merton on 8:28pm Sun 25 May 08
Anon wrote:
I work for Merton and yes they do have their own baliff team who not only are used for collecting unpaid council tax, but also collect unpaid parking fines so yes this article is pretty accurate
The article said 'Parking officers' clamped her car are you saying Parking Officers collect Council tax to!? or maybe being able to read is not a requirement at Merton Council now since you claim to work there.
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