Emergency / Medical Necessity Defence
Article 5(1) of S.I. 182/1997 disapplies the Regulations where compliance is not possible because of an emergency that could not reasonably have been expected. This codifies the common law defence of necessity. Genuine medical emergencies defeat the offence.
Legal basis
Road Traffic (Traffic and Parking) Regulations 1997 Art. 5(1) and 5(2)(c); common law defence of necessity.
How to identify this in your case
Vehicle stopped to deal with genuine emergency. Evidence: hospital records, ambulance call records, A&E discharge, witness statement.
Sample appeal wording
To: [Issuing Authority] Re: FCN [NUMBER] I dispute the FCN on grounds of medical/emergency necessity. On [DATE] at ~[TIME] [DESCRIBE EMERGENCY]. I parked at [LOCATION] to obtain immediate medical assistance / contact emergency services. Compliance with parking restrictions was not possible. Evidence: - A&E attendance / discharge note from [HOSPITAL] dated [DATE] - 999/112 call record [REFERENCE] - Witness statement of [NAME] Article 5(1) of S.I. 182/1997 expressly disapplies the Regulations where compliance is not possible because of an emergency that could not reasonably have been anticipated. The common law defence of necessity additionally applies. Cancel this FCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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