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Help Smart Parking £40 charge in Asda

2

Comments

  • nathan0578
    nathan0578 Posts: 3 Newbie
    I also received a parking ticket at Asda for failing to display the blue badgeI have received no reply as yet but will not be paying anyway. I sent off an email stating that the vehicle was a Motobillity car and the attendant issuing the ticket should have seen that.
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
    Name Dropper First Post Photogenic First Anniversary
    nathan0578 wrote: »
    I also received a parking ticket at Asda for failing to display the blue badgeI have received no reply as yet but will not be paying anyway. I sent off an email stating that the vehicle was a Motobillity car and the attendant issuing the ticket should have seen that.




    Exactly right. If Smart Parking refuse your appeal they must send you a POPLA codes read up on POPLA (if you are in England or Wales). Don't pay but do a winning POPLA appeal with our help!

    Please start your own thread when you get the reply to your email challenge - and complain personally in Asda to the Store Manager themselves and get them to make a phone call to cancel this...seeing as it's disability discrimination.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Buzby
    Buzby Posts: 8,275 Forumite
    Hmm - using a disabled space? No sympathy! The sooner these become formally enforceable the better. A 'Motobility' car means NOTHING - only the BB holder earns the right to park, the vehicle used is irrelevant.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Buzby if the vehicle has a zero rated tax disc then no reasonable adjustment outlined in the Equality Act has been made, that is primary legislation not some T&Cs in a civil matter at a car private car park
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • nigelbb
    nigelbb Posts: 3,790 Forumite
    First Anniversary Name Dropper First Post
    Buzby wrote: »
    Hmm - using a disabled space? No sympathy! The sooner these become formally enforceable the better. A 'Motobility' car means NOTHING - only the BB holder earns the right to park, the vehicle used is irrelevant.
    In fact it is the disabled person who has the right to reasonable adjustment which includes parking in a space reserved for disabled persons. What car was used, whether they have a Blue badge or whether it was displayed, who the driver was - these all mean nothing.
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 31 August 2013 at 9:13PM
    Buzby wrote: »
    Hmm - using a disabled space? No sympathy! The sooner these become formally enforceable the better. A 'Motobility' car means NOTHING - only the BB holder earns the right to park, the vehicle used is irrelevant.



    That's utter codswallop and you know it! People are far more likely to abuse the BB scheme (i.e. use a relative's Badge) than to try to claim that 'a Motability car' can stay in a disabled bay without a disabled person using it to get there or be taken home. Blue Badges are irrelevant on private land as we know, but they are also not the answer due to the ridiculous abuse of the scheme.

    And we've clarified umpteen times before on here, that the Equality Act is silent about any kind of 'badge' or 'permit' of course. Because the right to use a 'reasonable adjustment' as a customer of a service-provider arises purely from the needs of any person who fits the definition of disability.

    And I already showed you on another thread not too long ago, the Equality Act section which specifically says that terms that seek to restrict a provision are unenforceable. Did you forget, Buzby?


    EQUALITY ACT 2010
    142 Unenforceable terms
    (1) A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act.

    144(1) A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act.

    29 Provision of services
    (1) A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.

    (2) A service-provider (A) must not, in providing the service, discriminate against a person (B)—
    (a)as to the terms on which A provides the service to B;
    (b)by terminating the provision of the service to B;
    ©by subjecting B to any other detriment.

    (3) A service-provider must not, in relation to the provision of the service, harass—
    (a)a person requiring the service, or
    (b)a person to whom the service-provider provides the service.

    (4) A service-provider must not victimise a person requiring the service by not providing the person with the service.

    (5) A service-provider (A) must not, in providing the service, victimise a person (B)—
    (a)as to the terms on which A provides the service to B;


    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • disabledoap
    disabledoap Posts: 1 Newbie
    Hi,

    I have been issued a letter from a Legal looking firm (which is really Smart Parking in disguise) for parking in a disabled space. I am disabled and had my blue badge on display. I have no intention of paying this and have told them verbally. Meantime I have no intention on continuing to shop in Asda until this becomes dealt with.

    Hope you find this of help in your situation.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    First Anniversary First Post Combo Breaker
    If they have the perspex covered picture board fastened on with security screws in the notices section, the threatening letters they send slip down the back of perspex really easy and everyone can enjoy reading them .
    Why spend money posting them back when you can deliver them in person.
    Let everyone see what nice people they are to their customers
    Be happy...;)
  • atilla
    atilla Posts: 862 Forumite
    First Anniversary Combo Breaker
    disabledoap wrote: »
    Hi,

    I have been issued a letter from a Legal looking firm (which is really Smart Parking in disguise) for parking in a disabled space. I am disabled and had my blue badge on display. I have no intention of paying this and have told them verbally. Meantime I have no intention on continuing to shop in Asda until this becomes dealt with.

    Hope you find this of help in your situation.
    You need to be telling the store manager in front of an audience for your protest to have any effect.
  • hewi1948
    hewi1948 Posts: 1 Newbie
    HELP I recently parked at Water Gardens, Harlow, the signs on entering the car park say number plate reconnition in use, but on reaching the top level it says "pay on route parking"?????? "no need to display your ticket" from this I took it to mean pay when leaving which is the situation at Welwyn Garden City. At no time did I see any signs to say that you must pay before leaving the car park on foot to go shopping !!!!! On completing our shoppping we went to the pay machine to pay but found that it was different to elsewhere, you had to pay before going shopping, but it does not say this on the signs, very ahambigus wording on the signs next to the machine, small lettering not to any BS Standard. On returning to the car I found a very official looking plastic bag taped to the drivers window with a so called "Parking Charge Notice" £60 now due reduced to £30 if paid within 14 days. It gives a telephone number at which to pay the fine or an e-mail address at which you can pay or an appeal can be made in writing. Considering the very poor signage on the car park I decided thet I would appeal on line. No can do. It asks you details of the PCN and your reg.number and then tells you that this information does not exist on their system. IS THIS A SCAM ??????? or do I have to ring them to pay and then loose my right of appeal. I have not read the ACOPs for parking on private land but I am sure it should say something about signage.
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