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. A reasonable adjustment may include not enforcing a parking charge against a person in mental health crisis.
Legal basis
Equality Act 2010 ss.6, 20-21 (disability definition; reasonable adjustments); POPLA and IAS guidance on exceptional circumstances; BPA/IPC Code of Practice
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
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.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Equality Act 2010
- POPLA guidance on exceptional circumstances
- BPA/IPC Code of Practice