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View Full Version : Asda car parking fine.. is it legal?


the devil made me do it
07-09-2007, 7:31 PM
I parked in my local Asda car park today as I was going shopping there.

I parked in a disabled parking spot, granted not the best idea. When I arrived back to my car, i had been given a parking fine for £20 for parking in a disabled parking spot without displaying a disabled badge.

Are Asda allowed to do this? It's a civil parking ticket. The company issuing the tickets are not even based in my town or the county. They are from the other end of the country.

tomstickland
07-09-2007, 7:32 PM
Why park in a disabled space though?
I don't particularly like the MSE morality police, but uncessary parking in disabled spaces does annoy me.
Anyway, there was a long thread about this before, maybe do a search.

andysstuff
07-09-2007, 7:32 PM
Its a private car park, so I guess they can do what they want to. Sorry.

CarolnMalky
07-09-2007, 7:35 PM
There tend to be signs up saying that if you abuse the parking spaces, ie, use a disabled space when you don't qualify for it, then they are within their rights to issue a fine...Im glad to see somewhere is enforcing it at last!!!

the devil made me do it
07-09-2007, 7:36 PM
Why park in a disabled space though?
I don't particularly like the MSE morality police, but uncessary parking in disabled spaces does annoy me.
Anyway, there was a long thread about this before, maybe do a search.

Well as I said I shouldn't have parked in it. I generally don't to be honest.

I'll search for the thread.

the devil made me do it
07-09-2007, 7:37 PM
There tend to be signs up saying that if you abuse the parking spaces, ie, use a disabled space when you don't qualify for it, then they are within their rights to issue a fine...Im glad to see somewhere is enforcing it at last!!!

Would be great if they issued them all the time I agree. However they don't.

gardner1
07-09-2007, 7:43 PM
If Its By Euro Car Parks Dont Worry Just Bin It They Cant Enforce It

MABLE
07-09-2007, 7:47 PM
Sorry to sound harsh but you got everything you deserved. You took a gamble and on this occasion you lost. No doubt you have tried this stunt before and go away with it.

the devil made me do it
07-09-2007, 7:49 PM
Sorry to sound harsh but you got everything you deserved. You took a gamble and on this occasion you lost. No doubt you have tried this stunt before and go away with it.


Thing is I'm not asking whether I was wrong, I'm asking whether it's legal for a private company to fine me.

the devil made me do it
07-09-2007, 7:51 PM
If Its By Euro Car Parks Dont Worry Just Bin It They Cant Enforce It

The company is called Town and City parking limited.

C_Ronaldo
07-09-2007, 7:57 PM
Id pay it and in future not park in a disabled space, you brought it on yourself imo

gardner1
07-09-2007, 8:06 PM
i think your all being a bit harsh here, who hasnt parked in/on a disabled bay / mother and toddler bay / yellow lines / loading bay etc shall i go on
so dont be so quick to condem and by the way if search around on google a bit i think you will find these sort of tickets from supermarket/shopping centre are in no way legal

MABLE
07-09-2007, 8:39 PM
i think your all being a bit harsh here, who hasnt parked in/on a disabled bay / mother and toddler bay / yellow lines / loading bay etc shall i go on
so dont be so quick to condem and by the way if search around on google a bit i think you will find these sort of tickets from supermarket/shopping centre are in no way legal


I for one have never done this. Not because I am a goody goody but for consideration for others. Sorry sounds a bit old fashioned but then I am an old fashion girl.

Keeping Positive
07-09-2007, 9:04 PM
How selfish can someone be? You know you shouldnt do it but you did. Someone could have needed that spot and even if there were 100 empty disabled spaces, tough. You took a chance and got caught. It sounds like you have done it before.

Now youre thinking of yourself again and whining about a £20 fine. SHUT UP AND PAY. It should be alot more.

milkydrink
07-09-2007, 9:11 PM
i think your all being a bit harsh here, who hasnt parked in/on a disabled bay / mother and toddler bay / yellow lines / loading bay etc shall i go on
so dont be so quick to condem and by the way if search around on google a bit i think you will find these sort of tickets from supermarket/shopping centre are in no way legal

I don't think you can compare parking in a disabled bay to the others.

When my daughter was young there was no such thing as mother & baby bays. I managed fine. But disabled people really need those spaces.

TheImportanceOfBeingIdle
07-09-2007, 9:22 PM
Pay it and next time don't be such a lazy, inconsiderate, selfish ****

C_Ronaldo
07-09-2007, 9:31 PM
i think your all being a bit harsh here, who hasnt parked in/on a disabled bay / mother and toddler bay / yellow lines / loading bay etc shall i go on
so dont be so quick to condem and by the way if search around on google a bit i think you will find these sort of tickets from supermarket/shopping centre are in no way legal

Your wrong i have a pair legs so i dont see no reason why i shouldnt use them, im not lazy, id rather pay the fine than finding a letter from debt collectors or who ever deal with non payment,

you do the crime you pay the fine is what i say

thescouselander
07-09-2007, 9:37 PM
I dont approve of your actions but basically, Asda dont have a leg to stand on. If there were signes displayed you are technically in breach of contract (you accept Asdas tearms once you have parked in thier car park). The thing is, they are only allowed to re-claim any costs they have incurred as a result of you parking in the disabled space. To claim anything more than this could be considered as a penalty which is not legal. You can get more information from the forums on the consumer action group website. Adsa would have to prove they were out of pocket due to you parking in the disabled space - since it is unlikely they could prove this it probably wouldn't stand up in court.

pinkfluffybabe
07-09-2007, 9:41 PM
i think your all being a bit harsh here, who hasnt parked in/on a disabled bay / mother and toddler bay / yellow lines / loading bay etc shall i go on

Err, me? I don't because it is inconsiderate and I have no problem walking from a proper parking space to where I am going.

the devil made me do it
07-09-2007, 9:45 PM
Thanks for all replies.

At least we've all had a good moan ;)

julesgr
07-09-2007, 9:52 PM
i think your all being a bit harsh here, who hasnt parked in/on a disabled bay / mother and toddler bay / yellow lines / loading bay etc shall i go on
so dont be so quick to condem and by the way if search around on google a bit i think you will find these sort of tickets from supermarket/shopping centre are in no way legal

I haven't ...well only when I'm with my two disabled parents with their blue badges.
Sorry I have no sympathy because I have a hard time getting dad in and out of the car when selfish people who do not need wide bays use them meaning that disabled people can't.

What's the saying if you can't do the time don't do the crime!

Lord Lardington
08-09-2007, 1:07 AM
Aside from the fact that the vast majority of replies have been judgemental rather than answering the OP’s question i.e. is it legal. I have terribly mixed feelings about this (for which I will doubtless suffer).

My Dad is disabled and being able to park right up close to a shop is invaluable to us and abuse of Disabled spaces makes our visits to places VERY difficult.

HOWEVER, some supermarkets have gone a bit over the top in my opinion. e.g. My local Morrisons has a smallish car park of which nearly 50% is Disabled/Mother/toddler parking. It just seems a bit excessive. This section of spaces is never fully utilised and obviously very tempting to other car park users. E.g. At qiet times times you have to park 3 rows back witrh 2 empty rows between you and the shop.

Also a genuine query springs up: Why do Mother/Toddler spaces have to be especially near the shop? I can see the need for a wide space to get the mountain of stuff out but then presumably everything can then be “wheeled”. I speak as an avuncular baby sitter who regularly takes a little-un to the shops.

I am also someone who is technically not disabled but still has trouble walking far (very bad back/ankles) and always has to park miles away.

banger9365
08-09-2007, 1:55 AM
nice to see that asda is keeping to it's word(wish they did it more),disabled and kiddie parking is just that not for poeple to abuse ,hope they fine more
and if disabled poeple cannot get in a disabled space for them to us ,us two normall ones

tomstickland
08-09-2007, 9:13 AM
Actually, I have more of an issue with disputing the legality of the fine than with the "crime" itself. If you knowingly break a rule then accept the result. Either that or don't break the rule.

who hasnt parked in/on a disabled bay / mother and toddler bay / yellow lines / loading bay etc shall i go on

I haven't and trying to claim that everyone does is looking for an easy excuse.

gardner1
08-09-2007, 11:44 AM
Forgot to include mums on the school run who park on kerbs , zebra crossing and middle of the road.Absolute bloody menace all of them now tell me you havnt parked illegaly

hollydays
08-09-2007, 11:51 AM
Aside from the fact that the vast majority of replies have been judgemental rather than answering the OP’s question i.e. is it legal. I have terribly mixed feelings about this (for which I will doubtless suffer).

My Dad is disabled and being able to park right up close to a shop is invaluable to us and abuse of Disabled spaces makes our visits to places VERY difficult.

HOWEVER, some supermarkets have gone a bit over the top in my opinion. e.g. My local Morrisons has a smallish car park of which nearly 50% is Disabled/Mother/toddler parking. It just seems a bit excessive. This section of spaces is never fully utilised and obviously very tempting to other car park users. E.g. At qiet times times you have to park 3 rows back witrh 2 empty rows between you and the shop.

Also a genuine query springs up: Why do Mother/Toddler spaces have to be especially near the shop? I can see the need for a wide space to get the mountain of stuff out but then presumably everything can then be “wheeled”. I speak as an avuncular baby sitter who regularly takes a little-un to the shops.

I am also someone who is technically not disabled but still has trouble walking far (very bad back/ankles) and always has to park miles away.

Did anyone see "supernanny " on tv a couple of days ago -watching a woman with 2 sets of twins trying to take them out...

roddydogs
08-09-2007, 11:57 AM
Why such pompus replies, its well know that at least 20% of "Dis Badges" are used fraudulently

ben500
08-09-2007, 12:04 PM
Why such pompus replies, its well know that at least 20% of "Dis Badges" are used fraudulently

That surprises me I would have thought it was much higher.

Keeping Positive
08-09-2007, 6:50 PM
QUOTE "Why such pompus replies, its well know that at least 20% of "Dis Badges" are used fraudulently"

Well thats ok then we should apologise to the OP for being so pompus because others do it to. Does that mean we cant be angry with the people who break other laws such as mugging, shoplifting, driving without insurance etc etc?

Too many people only think of themelves and then whine when caught.

pinkfluffybabe
08-09-2007, 6:53 PM
Forgot to include mums on the school run who park on kerbs , zebra crossing and middle of the road.Absolute bloody menace all of them now tell me you havnt parked illegaly

Still no I'm afraid, sorry to disappoint :rolleyes:

"Everyone else does it" is not an excuse and should not be used as one.

the devil made me do it
08-09-2007, 7:33 PM
Still no further forward in whether it's legal for Asda to fine me :rolleyes:

the devil made me do it
08-09-2007, 7:34 PM
Plus it's great to be reminded of all the perfect people that are out there. :)

Keeping Positive
08-09-2007, 7:54 PM
People (including me) aren't perfect but they face the consequences when caught.

pamplemousse
08-09-2007, 7:55 PM
l know this doesnt answer your question about parking in a disabled bay but l would just like to mention that my mother , who is disabled, parked in a disabled bay in morrisons car park. but either had her blue badge card the wrong way round or forgot to put the time on the other card l cant remember which . anyway she got a parking ticket with a fine of £60...My sister wrote a letter of apology and asked for reconsideration considering it wasnt done on purpose. they did let my mother off the fine, after a lecture about not doing it again....

martinbuckley
08-09-2007, 8:23 PM
Plus it's great to be reminded of all the perfect people that are out there. :)

Not perfect, just a lot more considerate of other, less fortunate people.

PAY UP!

the devil made me do it
08-09-2007, 9:16 PM
I haven't got a problem with PAYING UP.

I was asking whether Asda and other supermarkets ect.. are within their rights to fine people.

ben500
08-09-2007, 9:29 PM
I haven't got a problem with PAYING UP.

I was asking whether Asda and other supermarkets ect.. are within their rights to fine people.
I don't believe so, but I have looked for a point of reference and not been able to find one.

zorber
08-09-2007, 9:42 PM
I dont approve of your actions but basically, Asda dont have a leg to stand on. If there were signes displayed you are technically in breach of contract (you accept Asdas tearms once you have parked in thier car park). The thing is, they are only allowed to re-claim any costs they have incurred as a result of you parking in the disabled space. To claim anything more than this could be considered as a penalty which is not legal. You can get more information from the forums on the consumer action group website. Adsa would have to prove they were out of pocket due to you parking in the disabled space - since it is unlikely they could prove this it probably wouldn't stand up in court.

I am not knocking the above post but it is not Asda issuing the ticket as Asda has sub let the contact out to police their car park.

We opperate a similar opperation in some of our carparks to stop people parking for hours when not in the shop, though i dont think they ticket disable spaces. When i spoke with them i was assured that they have the same powers as a traffic warden whilst policing the car park and the fines they issue are legal. though i am not sure on the legality of disabled spaces.
I would imagine they would persue the fine and pass it on to debt collection agencies if not paid.

the devil made me do it
08-09-2007, 10:26 PM
I am not knocking the above post but it is not Asda issuing the ticket as Asda has sub let the contact out to police their car park.

We opperate a similar opperation in some of our carparks to stop people parking for hours when not in the shop, though i dont think they ticket disable spaces. When i spoke with them i was assured that they have the same powers as a traffic warden whilst policing the car park and the fines they issue are legal. though i am not sure on the legality of disabled spaces.
I would imagine they would persue the fine and pass it on to debt collection agencies if not paid.


Thanks Zorber, I can see where your coming from. I just find it bizarre that these companies have the same powers as traffic wardens, and people hate them lol.

Lord Lardington
08-09-2007, 10:31 PM
Hmm, interesting. I guess the carpark is private land and therefore the owner can impose whatever Terms and Conditions they like. However don't Terms and Conditions have to be agreed to in some way?

So, if we remove the obviously very emotive disability/mother and child thing from the equation, what’s left:-

Let’s say that a new supermarket lays out a set of spaces that have signs above them saying “Purple cars only”. If I mosey on in and park my silver car in the bay and later find a £60 penalty notice on my car … is it legal? I’m pretty sure there’s no law against parking in a Purple space. Does there need to be a visible notice somewhere informing me of what the consequences of a violation might be? Or by simply entering the car park have implicitly agreed to abide whatever terms and conditions the car park owner chooses to apply?

Tricky.

trinidadone
08-09-2007, 11:34 PM
this is not a moan, but considering you have received a fine about a disabled space, its not surprising that people have focused on that, than your question. people with mobility dificulities facwe challenges every day in being mobile and parking. fo only £20.00 i would just pay the money and thing, mmmmmmmmm i wont do that again. Is it legal, who cares, you parked in a space that you was not allowed to do. Also, as someone said above, once you drive onto a supermarket car park, you agree to the T&C of parking. just pay

Lord Lardington
09-09-2007, 12:08 AM
Is it legal, who cares


Well, I think I do So I can enter a supermarket carpark and implicitly agree to a £40 "get out of the carpark fee" can I? To be honest you're just reiteriating what everyone else has said. I've tried to remove the morality question in my previous post and nobody reading any of this thread will tell you that OP did the right thing by using the disabled space. But does that mean that "they" (ASDA in this case) can do whatever they like to you? My opinion is no.

Lord Lardington
09-09-2007, 12:32 AM
You know what, I'm sounding more serious that I feel. I just want to know, opinions/emotions aside, what the legalities are.

Stephen Leak
09-09-2007, 1:12 AM
An individual or company cannot issue a punative charge, or fine.

The OP broke the terms & conditions of a deemed contract (ie. Don't park in the disabled bays, unless you've got a badge). There were penalty clauses in that contract (ie. If you do, we will charge you £20).

However, the "agreived" party can only legally recover any expense resulting from the breach of the contract, no more. If it does cost them £20 per ticket issued (ie. the costs of employing parking attendants divided by the number of tickets issued, in the most simplest of terms), then no part of the charge is punative and it is legal. If it costs them less than £20, then a part of the charge is punative and that part of the charge is illegal.

The practical problem they may have is, if it doesn't cost very much to issue a ticket (ie. £2), that this figure isn't going to be much of a deterrent.

Conor
09-09-2007, 3:09 AM
Thing is I'm not asking whether I was wrong, I'm asking whether it's legal for a private company to fine me.

Yes. By using the car park, you are deemed to have accepted the terms of its usage which involves a £20 "charge" for using a disabled bay which you're not entitled to. You'll find it says "charge" and not fine. Certainly says "charge" on the signs at my local Tesco.

And they can charge that if they want and if you don't pay, take action to recover the money as in any other civil matter resulting in CCJ with costs added.

Lord Lardington
09-09-2007, 10:36 AM
Hey, I think we're there. Question answered, Happy days.

If anyone fancies watching or joining in with anothjer fight, the "Police Stopped me ..." one is still going strong on this board.

martinbuckley
09-09-2007, 11:54 AM
I haven't got a problem with PAYING UP.

I was asking whether Asda and other supermarkets ect.. are within their rights to fine people.

They may well not have. However if you feel that way, ignore the fine and see if it comes to court. If it does, you'll end up with your name & address in the local paper so that all your neighbours know what you did.

the devil made me do it
09-09-2007, 6:49 PM
They may well not have. However if you feel that way, ignore the fine and see if it comes to court. If it does, you'll end up with your name & address in the local paper so that all your neighbours know what you did.

I'm not remotely bothered by what my neighbours or the rest of the town think/know.

It does seem that my question has been answered tho'. Thanks :)

LilMissEmmylou
09-09-2007, 7:03 PM
i actually complained about a couple the other day who got mouthy when my oh asked them to not park in a P&B space as the clearly didnt need it and we did to get the car seat out. There was empty spaces in the next row. Anyway the guys at Asda told me they r bringing in a new thing to fine up to £60 i believe it was for people who park in marked spaces when they dont need to. Too bloody right if u ask me.

Adzha
09-09-2007, 7:04 PM
Asda tend to use companies, which clearly sign any fines.
Your lucky its not an £80 fine or clamping!

Adzha
09-09-2007, 7:06 PM
You can pay online HERE (http://www.townandcityparking.co.uk/payment/payment_gateway.php)

Labman
09-09-2007, 7:14 PM
My advice would be not to pay it....hopefully in six months time you'll have to pay a whole lot more + costs. You've clearly no remorse in that you're looking for a 'get out', these spaces are not there for your convenience but others who genuinely need them.

mugwump
09-09-2007, 7:21 PM
Have a look at Consumer Action Group (http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/65341-private-parking-companies-charges.html). It is a request for payment not a fine.

the devil made me do it
09-09-2007, 7:28 PM
Hmm I think the opinions posted in this thread are getting a bit silly.

I asked a simple question which has been answered. I'm going to request this thread either gets deleted or closed.

Many thanks to those of you who are non-judgemental, and answered the questions I posed.

Sssssss
09-09-2007, 7:41 PM
of course it's legal, do you really think ASDA would break the law, the only law breaker here is you, to park in a disabled spot is bad enough but then to come on here and moan when you don't agree with some comments, well words fail me :mad:

the devil made me do it
09-09-2007, 7:45 PM
of course it's legal, do you really think ASDA would break the law, the only law breaker here is you, to park in a disabled spot is bad enough but then to come on here and moan when you don't agree with some comments, well words fail me :mad:

Ok as I said it's all getting a bit out of hand now. I haven't moaned, I asked a simple question. This thread may help other MSEers who may not be as guilty as myself, who may have simply parked somewhere and received an unlawful ticket.

catz1ct
09-09-2007, 7:47 PM
At least it will teach you not to be so lazy in the future! I think its great that they are doing this!

the devil made me do it
09-09-2007, 8:21 PM
Just for the record I haven't broken the law, I've supposedly broken a contract between myself and Asda.

Labman
09-09-2007, 8:40 PM
Just for the record I haven't broken the law, I've supposedly broken a contract between myself and Asda.
...you by your own admittance have parked where you shouldn't have....are you going to pay then?....a YES or NO will suffice!

the devil made me do it
09-09-2007, 8:48 PM
...you by your own admittance have parked where you shouldn't have....are you going to pay then?....a YES or NO will suffice!

It's already been paid. As I said, I was asking about the legalities.