Parking ticket in Asda car park - Is this legal, can they take me to court?

marleyboy

lucylucky wrote: »

"Its pretty simple and common sense, Blue badge bays (disabled bays) are exclusively for blue badge holders, "

Wrong. Wrong. Wrong.

Do some research before you shoot yourself in the foot - again.

On-street Blue Badge parking bays
It is an offence to park a vehicle which is not displaying a badge in an on-street Blue Badge parking bay. If you see this, you should report it to a traffic warden or parking enforcement officer, the local police or the local council.
Police officers, traffic wardens, local authority parking attendants and civil enforcement officers have the right to inspect Blue Badges.
It is an offence to refuse or fail to produce a badge for inspection, without reasonable excuse. This offence carries a maximum fine of £1,000.

Off-street car parks


In the case of local council off-street car parks, it is normally an offence to park in a disabled persons' parking bay without displaying a valid Blue Badge. Drivers who misuse such spaces may also have to pay an 'excess charge'.There is a difference in privately owned car parks. Charges and conditions of use in off-street car parks are a contractual matter between the car park owner and the motorist. Enforcement of disabled persons' parking bays is therefore a matter for the individual owner or operator of the car park.

http://www.direct.gov.uk/en/DisabledPeople/MotoringAndTransport/Bluebadgescheme/DG_171251

Try not to confuse a Car Park space, whether Disabled or Parent n Child, with a Blue Badge Bay, however do feel free to DOUBLE CHECK your research before flying off the handle!:T:T

Harry_Flashman

And, as we all know, private car park tickets, etc just ain't enforceable

marleyboy

Unfortunately so, leaving them open to a barrage of misuse by selfish perfectly able drivers.

BOSSES at a controversial parking firm which threatened motorists with unjustified fines have seen a county court judgment back-fire on them. Excel Parking sparked a wave of protest in January 2007 after dozens of car owners received letters threatening them with fines of up to £100 for parking at Portland Retail Park three months earlier.

Up to 100 fed-up motorists joined forces to set up the Portland Retail Park Action Group to protest about the fines.

Excel tried to claim the unpaid fine from one of the organisers of the group, Victoria Hetherington, by taking the case to Mansfield County Court.

But Victoria and other members of the group are celebrating this week after the case was dismissed by a judge on 18th March.

Victoria told Chad: "It has been 14 months of hell and I'm very pleased it has been dismissed.

"My solicitor felt I was being used as a guinea pig and if the decision had gone against me, they would be using it to go after everyone else."

Floodgates

Victoria's solicitor Martin Lee, of Mansfield law firm Martin Lee & Co, explained why Excel's case failed –– and says the flood gates could now open with dozens of people trying to claim their money back.

He said: "On their sign it did say the maximum time limit was two hours. Then below it was a list of things you could face a charge for –– like parking an HGV or caravan or not parking within the lines. But nowhere did it say that if your stayed over two hours you would be liable for the charge.

"But the far more important issue was that the judge found there was no justification for the £100 fine. He said it was a penalty charge and therefore unenforceable by the court.

http://www.chad.co.uk/news/Judge-says-Excel-parking-fines.3903396.jp

Harry_Flashman

Not a barrage I think. We're mostly, as a race, more decent than that.

But folk could be a little less anal about a couple of minutes to get to the cash machine or buy a pack of ciggies (especially if there are other unused disabled spaces around). I wouldn't go do my weekly shop parked in such a bay (although I would in a 'parent' space) but a couple of minutes never hurt anyone.

lucylucky

marleyboy wrote: »

http://www.direct.gov.uk/en/DisabledPeople/MotoringAndTransport/Bluebadgescheme/DG_171251

Try not to confuse a Car Park space, whether Disabled or Parent n Child, with a Blue Badge Bay, however do feel free to DOUBLE CHECK your research before flying off the handle!:T:T

My apologies, I should have made it clearer that my comments on blue badge spaces were only intended to be applied to private car parks.

As the link you posted makes perfectly clear.
"The Blue Badge Scheme does not apply to off-street car parks, for example supermarket car parks."

So blue badge spaces in a supermarket car park can be used by anyone, not just those with blue badges, which is why I said that your earlier comment was wrong as I thought you meant that blue badge spaces everywhere were for holders of blue badges only.

lucylucky

marleyboy wrote: »

Unfortunately so, leaving them open to a barrage of misuse by selfish perfectly able drivers.

http://www.chad.co.uk/news/Judge-says-Excel-parking-fines.3903396.jp

Shame that article continues to perpetuate the myth that these "charges" are in some way fines, when they are not.

marleyboy

lucylucky wrote: »

My apologies, I should have made it clearer that my comments on blue badge spaces were only intended to be applied to private car parks.

As the link you posted makes perfectly clear.
"The Blue Badge Scheme does not apply to off-street car parks, for example supermarket car parks."

So blue badge spaces in a supermarket car park can be used by anyone, not just those with blue badges, which is why I said that your earlier comment was wrong as I thought you meant that blue badge spaces everywhere were for holders of blue badges only.

I think you will find there is a difference between a Blue Badge Bay and a Disabled Bay.

I am not sure if a Supermarket Car Park has Blue Badge Bays, but Blue Badge Bays are specifically for Blue badge holders.

Blue badge Bays

Disabled Bays

Disabled Bays in Car Parks are for Disabled Drivers, which is why they are called "Disabled Bays", ALL perfectly able bodied drivers who use these bays, are pig ignorant, selfish, inconsiderate MORONS, there is simply NO EXCUSE for it, they dont deserve to drive, hopefully a time will come when the book gets deservedly thrown right at them.

News

£60 parking bay fine Asda be for charity






GOOD idea: Louise Flanagan and daughter Isabel, above, and disabled driver Eira Brocklehurst welcome the fines.



SHOPPERS in Tameside have backed a decision by Asda to fine people who dishonestly park in disabled and parent and child spaces.


From 25 February, customers using the bays but not eligible to do so, could land themselves with a £60 fine.


All profits will be split between Motability – a national disability charity – and baby charity Tommy’s.


The scheme, which is already in force in London, is being rolled out at branches across Greater Manchester, including Ashton and Hyde, and has been welcomed by local shoppers.


Disabled badge holder Eira Brocklehurst said: "I’m a member of the charity Motability and they have been campaigning for this for a long time, I’m thrilled to bits.


"I have a back problem and I can’t walk very far and the spaces are there for a reason, something these people won’t realise until they’re in my position. People park there out of laziness, because the weather’s bad or to use the hole in the wall, but it is an abuse."


The scheme was given a trial run in Liverpool last year and free spaces for disabled drivers and parents with young children shot up by more than 60 per cent.


Gina Underwood, who shops at the Hyde store with her mum each week, said: "We are both disabled, but there are hardly ever free spaces. It’s ignorance, I think all the supermarkets should do this."
Parents have also praised the supermarket giants and said it was already making a difference.


Louise Flanagan, who uses the store with her three-year-old daughter, said: "You get boy racers using them, single people, it happens all the time. They are just ignorant and bone idle.
"Usually I have to park in a normal space, although since fines have been rumoured it’s been a lot easier."



Asda spokesman Paul Hedley said most customers who used the bays without good reason did not realise the problems they were causing.
"People rely on them to do their weekly shop," he said.
"We would encourage anyone that manages a car park to take our lead."


http://menmedia.co.uk/news/s/1032345_60_parking_bay_fine_asda_be_for_charity

Sainsbury's introduces parking wardens to protect family bays

A supermarket is introducing motorbike-riding traffic wardens into its car parks, to patrol and fine customers who misuse the disabled and parent and child parking spaces.




Sainsbury's scheme follows a similar plan adopted by Asda last year.


Sainsbury's is introducing the scheme at 400 of its largest supermakets, saying it will end the frustration of thousands of parents and disabled customers who find that their reserved wider spaces, found close to the entrance, have been taken by people without any need for them.


Anyone found parking in the spaces incorrectly will be fined £50, with the penalty charge given to charity.


Gavin Clarke, manager of Sainsbury's car parks, said: "The vast majority of those who shouldn't be parking in these bays think that because they are just popping in for a few things they won't cause any inconvenience to the people who really need them. But they do."
Sainsbury's scheme follows a similar plan adopted by Asda last year. The Leeds-based supermarket charges £60, donated to charity, to people who park incorrectly in either a disabled bay or a parent's bay.


Both supermarkets insisted traffic wardens were not "snooping" on customers and the great majority of shoppers supported the schemes.


When Sainsbury's trialled it at 60 stores last year it led to a significant decrease in customer complaints, and bay availability improved by as much as 70 per cent in three months, the supermarket claimed.


Mr Clarke said: "These spaces are there to make life easier and more convenient for those who need more help. We've tried gentle persuasion, but 'monitors-on-motorbikes' is the first scheme that's produced serious results."
www.telegraph.co.uk/motoring/news/5887878/Sai..

Bill to tackle parking bay abuse



About 85% of disabled parking bays are not legally enforceable

A proposal to prevent people from abusing disabled persons' parking spaces has been introduced to Holyrood.

Under the member's bill, drawn up by Labour backbencher Jackie Baillie MSP, all parking bays reserved for disabled drivers would be legally enforceable.
Ms Baillie wants a standardised system across Scotland and says local councils should keep proceeds of the £30 fines to encourage them to enforce the law.



A public consultation on the bill is to run until 26 February.
Currently, 85% of on-street and residential disabled parking bays are advisory - painted with white lines rather than yellow.



Ms Baillie said this was due to the bureaucracy and cost involved and meant anyone could park in them without the risk of being penalised.




Put simply, but powerfully, one disabled person said to me 'if you want my bay, have my disability too'


Jackie Baillie MSP


Under the Disabled Persons Parking (Scotland) Bill, all disabled parking bays, regardless of whether they are in town centres, supermarket car parks or residential areas, would be legally enforceable.



The MSP for Dumbarton said too many able-bodied drivers failed to consider the consequences of their actions when they parked in a disabled parking bay.



"Many disabled drivers feel that their rights are not respected and the impact of being unable to use a bay is not understood," she said.
"Put simply, but powerfully, one disabled person said to me 'if you want my bay, have my disability too'.
"We need to act now to send out the message that abusing disabled persons parking is unacceptable."



The bill is being backed by a number of leading disability organisations including the Disability Rights Commission (DRC), Inclusion Scotland and the Scottish Disability Equality Forum (SDEF).
news.bbc.co.uk/2/hi/uk_news/scotland/6167388.stm

lucylucky

marleyboy wrote: »

I think you will find there is a difference between a Blue Badge Bay and a Disabled Bay.

I am not sure if a Supermarket Car Park has Blue Badge Bays, but Blue Badge Bays are specifically for Blue badge holders.

Blue badge Bays

Disabled Bays

Disabled Bays in Car Parks are for Disabled Drivers, which is why they are called "Disabled Bays", ALL perfectly able bodied drivers who use these bays, are pig ignorant, selfish, inconsiderate MORONS, there is simply NO EXCUSE for it, they dont deserve to drive, hopefully a time will come when the book gets deservedly thrown right at them.

I have seen many retail parks which have signs which state that certain bays are for blue badge holders only.

This is of course discriminatory as it falls foul of current DDA legislation.

I wonder why, in nearly all instances, those articles you link to mention "fines" when I doubt very much that they are.

Unless of course the car parks have been adopted by local councils and are being run on behalf of the supermarkets by the council.

Harry_Flashman

Very nice stories, but I believe the 'fines' are actually unenforceable 'charges'

niblor

lucylucky wrote: »

But they may well have.

Not a good argument.
5 minutes - 5 hours no difference if you need something

I would gladly give up my disabled parking space to an able bodied person if they are willing to take my disability as well.