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Mental Health Crisis — Equality Act 2010 Reasonable Adjustment Duty

Where a driver experienced a mental health crisis that affected their ability to comply with parking requirements, two separate grounds arise: (1) mitigating exceptional circumstances, and (2) a potential Equality Act 2010 obligation to make reasonable adjustments. Mental health conditions recognised under the Equality Act as disabilities include severe depression, bipolar disorder, schizophrenia, PTSD, and others that have a substantial and long-term adverse effect on normal day-to-day activities (s.6). A reasonable adjustment may include not enforcing a parking charge against a person in mental health crisis — though cancelling a specific charge is an arguable request rather than an automatic right, so strong medical evidence is decisive. Routing matters: on a private parking charge POPLA cannot allow an appeal on mitigation alone — it refers strong medical evidence back to the operator to reconsider — so press the Equality Act point directly with the operator; on a council PCN, raise it with the council and, if needed, the tribunal, both of which can consider disability and exercise discretion to cancel.

Legal basis

Equality Act 2010 s.6 (disability definition), s.20 (duty to make reasonable adjustments) and s.21 (failure to comply is discrimination); the operator's / council's discretion to cancel; BPA/IPC Private Parking Sector Single Code of Practice (in force 1 Oct 2024, incl. Annex F and vulnerable-motorist provisions). Note: on a private parking charge POPLA cannot allow an appeal on mitigation alone — it refers strong evidence back to the operator to reconsider.

How to identify this in your case

At the time of the contravention, you were experiencing a mental health episode — panic attack, dissociative episode, acute anxiety, psychotic episode, or other recognised mental health crisis. You may have medical evidence from a GP, psychiatrist, CPN, or crisis team. The Equality Act applies where the condition is a 'disability' under s.6 (substantial and long-term adverse effect).

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

I am writing to appeal parking charge/PCN [reference] on the grounds of exceptional circumstances and under the Equality Act 2010. I have a diagnosed mental health condition — [condition, e.g. severe anxiety disorder / bipolar disorder / PTSD] — which constitutes a disability within the meaning of the Equality Act 2010 s.6, having a substantial and long-term adverse effect on my ability to carry out normal day-to-day activities. On [date], I experienced [a mental health crisis / acute episode / panic attack / dissociative episode] which [describe impact on parking situation — e.g. 'caused me to lose track of time / made it impossible for me to safely return to my vehicle / resulted in me leaving my vehicle and requiring support from a friend/crisis team']. Under the Equality Act 2010 ss.20-21, you have a duty to make reasonable adjustments for disabled people. Cancelling this parking charge where it arose directly from a disability-related episode is a reasonable adjustment that you should make. Supporting evidence: [GP letter / psychiatric report / crisis team referral record — attached or available on request]. I request compassionate and reasonable cancellation of this charge.

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Mental Health Crisis — Equality Act 2010 Reasonable Adjustment Duty

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps