Motorists are using mental health conditions as grounds to appeal against parking and traffic fines in London. It has been revealed that drivers are arguing their mental health issues should exempt them from receiving parking penalties, reports Birmingham Live.
In 2024, a slight decrease in the number of appeals was reported by the Transport and Environment Committee of London Councils. The Traffic Management Act 2004 states that rejected appeals can be referred back to the enforcement authority by the Adjudicator for consideration of “compelling reasons”.
The Tribunal and Adjudicators stated: “There is very limited scope to argue that a diagnosed mental (or physical) health condition should lead to the cancellation of a penalty. Adjudicators think that authorities need to address these claims in the Notices of Rejection.”
Anthony Chan, the chief adjudicator at London Tribunals, wrote that while “reasonable adjustments” should be made for such conditions during the appeals process, “there is very limited scope to argue that a diagnosed mental health condition should lead to the cancellation of a penalty”. The report noted that most people citing mental health as a reason for their appeal were referring to conditions which require notification to the DVLA.
The report concluded: “It is not the Adjudicators’ role to determine whether a person is medically fit to hold a driving licence.”
Conversely, adjudicators are unlikely to accept that a medical condition is a valid defence for a driving offence when the motorist should not have been driving in the first place due to their condition. Motorists have a legal obligation to inform the DVLA of any “notifiable” medical condition or disability.
A DVLA spokesperson stated: “Road safety is our absolute priority. That’s why all drivers are legally obliged to notify the DVLA of the onset or worsening of a medical condition that could affect their fitness to drive. If a driver is unsure whether a medical condition may affect their driving they should discuss this with their doctor.”