Perth man contests parking fine

Jul 30 2010 by Denis Brown, Perthshire Advertiser Friday

A PERTH man with an ultra-rare disease says he would rather go to prison than pay a contested parking fine.

Bill Esdale (54), who was diagnosed with visceral myopathy in November 2008 – a disease affecting only about 100 people in the UK – recently received a Sherriff’s warrant for the unpaid fine.

But he told the PA he had no intention of paying up, believing his special circumstances should instead justify a caution and that he would fight the case in court if need be.

“The fine’s now gone up to £90 and I’m a wanted man,” he said.

“As I said to a solicitor friend, I feel like Robin Hood and will defend this case in court.”

Due to his condition, progressive failure of intestines and bowels, he often has to drop everything and rush to a toilet, typically for an extended visit.

On the day he received the parking penalty, February 8, Mr Esdale claims he was en route back to his car when nature called, forcing him to make an urgent detour.

As a result, he claims he did not return to his vehicle till shortly after 11.30am, dismayed to discover a penalty notice issued at 11.33am on his windscreen, 13 minutes after his parking ticket expired.

His subsequent appeal to Perth and Kinross Council (PKC) – outlining his condition and how he had narrowly missed returning within a 10-minute grace period – found no quarter.

A PKC spokesman said the council had fully considered Mr Esdale’s appeal before refusal, proposing options including having the case heard before an independent adjudicator.

“However, as we have had no further correspondence or payment from this motorist, the matter has been passed to Sheriff's officers for collection,” he said.

The onus, he explained, fell on any motorist using council-controlled car parks to ensure a pay and display ticket covered their stay, and that drivers had a 10-minute grace period after it expired.

“The penalty charge notice in question was issued by a parking attendant three minutes after this grace period had expired,” he said.

“The motorist was observed eventually returning to his vehicle a full 54 minutes after the pay and display ticket had expired.”

When informed of PKC’s position by the PA, Mr Esdale retorted: “That’s impossible. I got back to my car just after the ticket went on the windscreen – it’s absolute rubbish.”

He also insisted he had replied to the council’s March letter – but not until May as he had been in hospital – reiterating his circumstances, including his frequent hospitalisation periods.

Since his diagnosis, his worsening condition has forced him to wind up his IT supply business and he is currently going through a divorce from the mother of his five children.

Presently awaiting a decision on disability living allowance eligibility, Mr Esdale, who subsists on feed bags providing nutrients, receives a weekly £95 employment and support allowance.

While he conceded things could be better, he said others he had met in hospital were coping with worse, adding that on a matter of principle he intended to contest the fine.

“As I said in my second letter to the council – why don’t they set up their systems to help the people, not punish them?” he said.