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

neiljc_2

anewman wrote: »

I wonder what the least disabling thing is that you need to get a blue badge.

Some definitions of disability split up three ways, for example -

I am guessing many people with blue badges are impaired, but by considering these definitions not disabled or handicaped. Certainly not enough to necessitate them parking right next to the entrance of ASDA anyway.

"some definitions"

there is only one definition that is applicable, as that is the one used by courts in Disability Discrimination cases.

it is from the Disability Discrimination Act.

oh and to respond to another post the vast majority of disabled people have what are known as "hidden disabilities" only 5% of disabled people are wheelchair users, unless all disabled people now have to use one to make other people less likely to be nasty to them?

Of course there is abuse of the system at times, what system isnt abused? but it is not everyone and the amount involved pales in comparison to the abuse that goes on in large companies and the city of London

but hey disabled people are easy targets

neiljc_2

Poppy9 wrote: »

My ex SIL got one after breaking her ankle. She also has a mobility car. She can walk fine and is quite open that she put it on. She fell out with one of her children (my neice) who reported her but 2 years on she still in receipt of all benefits and has her blue badge.

Really?

strange that as all GPs and awarding authorities know that fractures are not eligible and that a disability must have a long term effect( which is defined as 12 months or more)

now if there was an underlying condition such as brittle bone disease they would be eligible.

source: I am a Specialist Training Manager in both Disability Awareness and the Disability Discrimination Act (DDA)

Poppy9

neiljc wrote: »

Really?

strange that as all GPs and awarding authorities know that fractures are not eligible and that a disability must have a long term effect( which is defined as 12 months or more)

now if there was an underlying condition such as brittle bone disease they would be eligible.

source: I am a Specialist Training Manager in both Disability Awareness and the Disability Discrimination Act (DDA)

Yes really. She fell one night coming out of a nightclub about 7 years ago. 6 months later her new husband was sporting a brand new car (she doesn't drive), which they were proud to say was "free" i.e. on the motobility scheme, to which they were now entitled to as her ankle still hurt. She also had a blue badge. She also applied to the Housing Assoc. to move her to some new build flats from her house as she couldn't manage stairs. She has spent her life on benefits having never worked a day.

Contrast to one of my work colleagues who at the same time applied for a blue badge due to her sudden onset rheumatoid arthritis causing severe walking difficulties. She was turned down because she wasn't bad enough. Seeing her daily we could all see how difficult it was for her to even get into the office everyday and walk from desk to desk, before she was diagnosed she was liken to having overdone horse riding as the onset was so sudden. As a lowly clerk she wasn't entitled to a parking permit for the attached car park but if she had a blue badge she would have been, which was why she intially applied for the permit as the only other public carpark involves a 5 minute walk to the building. Guess who her employer is? Yes the LA responsible for issuing blue badges!! It took her 3 years to get a blue badge, which is apalling.

sarahg1969

Archaeopteryx wrote: »

My mother is disabled with MS, I am her carer. We parked in a disabled bay in our local Asda car park, and displayed the Blue Badge. We returned to find a Civil Penalty Charge Notice from Town and City Parking Ltd, reason given: 'unauthorised parking in a disabled bay'. I am absolutely furious about this. I intend to appeal it, but wondered whether anyone else has had the same experience?

No need to appeal. It id not a fine.

It is an invoice based on a contract that they say you have entered into with them.

Just don't pay.

Nip on to the forums at https://www.pepipoo.com, which will explain all.

Quite simply, the invoice is unenforceable, made to look like an official parking fine it scare you into paying it.

Please, please, please do not pay this "fine", and don't lose sleep over it.

And tell all your friends about the scam too.

Sarah

Poppy9

Hapless wrote: »

Could there be another underlying problem as to why she still gets it?

No she's just a lazy cow raised by a mother who also thought that benefits were a lifestyle choice not a necessity. One of the reason's she an ex SIL is because she didn't like my brother working for a living to provide for his family. Marriage lasted just long enough to produce 3 children, she wanted more as it meant more child benefit, but my brother said no. After the divorce she even tried to get one of the children diagnosed as disabled with epilepsy, even though he has never had a fit, she would make him lie and say he'd had one at home when only she was there. Sadly she is one of the people who like to work the system to her benefit and will lie and cheat.

sarahg1969

Poppy9 wrote: »

No she's just a lazy cow raised by a mother who also thought that benefits were a lifestyle choice not a necessity. One of the reason's she an ex SIL is because she didn't like my brother working for a living to provide for his family. Marriage lasted just long enough to produce 3 children, she wanted more as it meant more child benefit, but my brother said no. After the divorce she even tried to get one of the children diagnosed as disabled with epilepsy, even though he has never had a fit, she would make him lie and say he'd had one at home when only she was there. Sadly she is one of the people who like to work the system to her benefit and will lie and cheat.

Have you tried reporting her again?

Poppy9

sarahg1969 wrote: »

Have you tried reporting her again?

Her DD has tried on many occassions and one of my sisters did again recently while I was at her house (on the hotline).

The problem is with pain related injuries the doctor has to take a lot of it on trust from the patient. I have a long standing back injury (or not long standing as it hurts to stand:D ). I was knocked over by a car in my early teens and it's caused problems since. There are times when I cannot straighten up and times when like at the moment I have to lift my leg in and out of the car. When/if I go to the doctors because the pain is getting too bad or I have taken longer than normal to recover from one of my bad episodes the doctor has to take at face value what I say. I could fake the pain and stooping, I could fake being unable to stand back up out of the chair etc. One of my friends who's a GP says she can tell by my face when my back is bad even if I'm sitting down, but she knows me well. I have over 16 doctors in my practice and I often don't go for a year or two so they don't know me so I could exaggerate it and get away with it.

IvanOpinion

poppy, i think what you are describing is a result of the selfish society we have generated ... while the doctor often knows who is 'putting it on' they have no choice but to give the benefit of the doubt for fear of being sued. it is also a convenient way for them to buckpass the problem onto some other department thereby absolving them of responsibility. Sadly this means that the genuine claimants get tarred with the same brush as the wastrels ... worse, it means those that are 'putting it on' are not only stealing from the tax payer but also from the genuine calimants.

Looking at the growing number of disabled spots at our local supermarket (it is getting harder to find a spot for able bodied) and having sat in the car for over an hour watching examples of the infirm in our society 'jogging' into the supermarket we really should be ashamed of ourselves. Meanwhile the small number of people that genuinely need those spaces are sometimes left queuing up waiting for one to become free.

ivan

Vampgirl

Morglin wrote: »

I wouldn't condone either injuring anyone or damaging cars parked illegally, but I keep a supply of these flyers in the car, and put them on cars that abuse parking bays.:T

http://www.apparelyzed.com/forums/index.php?showtopic=2384

I also, providing it isn't interfering with anyone else trying to get through, park behind the abuser, so that they cannot move their car, and have to wait until we have finished shopping.:rolleyes:

Lin

Although I agree with the principle, how can you tell if the person is really in need or not? Not having a blue badge doesn't necessarily mean that the person is able-bodied, there are lots of people out there who have severe mobility difficulties but who don't "qualify" for a blue badge. My mother in law is a good example of this: for the past year she has hardly been able walk around the house, and if we take her out anywhere we have to borrow a wheelchair (she can't leave the house without our help), yet because its caused by her arthritis in her hips she doesn't qualify for a blue badge (the GP says its classed as a temporary disability therefore she isn't eligeable).

Where car parks are manned we always ask the attendant about parking in the disabled spaces for her and we have never been refused, but in places like supermarkets where there are no attendants what are we supposed to do? We usually end up having her hanging around outside while we fetch the car to the pick-up point, though that usually means blocking the traffic while she (slowly) gets in the car because the pickup points are always full of parked cars

Unfortunately the blue badge scheme is a bit of a lottery in my experience and whilst its good that it aims to make life easier for disabled people, it actually makes life a lot more difficult for the disabled people who fall outside its criteria! A little more discretion and tolerance is required I think, because although some people abuse the system, theres a good chance that some of those cars parked without a badge do actually deserve to use that space! To my mind a good solution would be for the supermarkets to run their own badge schemes where anyone can apply for a disabled parking permit for their carpark, whether they have a blue badge or not that way anyone in need can apply would be able to make use of the spaces, but I really doubt that this will ever happen.

Tim_Deegan

Vampgirl wrote: »

Although I agree with the principle, how can you tell if the person is really in need or not? Not having a blue badge doesn't necessarily mean that the person is able-bodied, there are lots of people out there who have severe mobility difficulties but who don't "qualify" for a blue badge. My mother in law is a good example of this: for the past year she has hardly been able walk around the house, and if we take her out anywhere we have to borrow a wheelchair (she can't leave the house without our help), yet because its caused by her arthritis in her hips she doesn't qualify for a blue badge (the GP says its classed as a temporary disability therefore she isn't eligeable).

Where car parks are manned we always ask the attendant about parking in the disabled spaces for her and we have never been refused, but in places like supermarkets where there are no attendants what are we supposed to do? We usually end up having her hanging around outside while we fetch the car to the pick-up point, though that usually means blocking the traffic while she (slowly) gets in the car because the pickup points are always full of parked cars

Unfortunately the blue badge scheme is a bit of a lottery in my experience and whilst its good that it aims to make life easier for disabled people, it actually makes life a lot more difficult for the disabled people who fall outside its criteria! A little more discretion and tolerance is required I think, because although some people abuse the system, theres a good chance that some of those cars parked without a badge do actually deserve to use that space! To my mind a good solution would be for the supermarkets to run their own badge schemes where anyone can apply for a disabled parking permit for their carpark, whether they have a blue badge or not that way anyone in need can apply would be able to make use of the spaces, but I really doubt that this will ever happen.

I agree that it is often difficult to tell from appearances. A relative of mine has steel rods in her back because of a curvature of the spine. She is in agony if she has to walk long distances or carry bags, but you would never know from looking at her.