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

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Comments

  • letsbehonest
    letsbehonest Posts: 1,098 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Sorry..... don't park in disabled bay's ..., get wet instead
    "Imagination is more Important than knowledge"
  • consultant31
    consultant31 Posts: 4,814 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 16 August 2009 at 4:23PM
    Sorry to drag up this old thread yet again but my DD is in need of some reassurance.

    She took my Mum (her Gran) shopping a few weeks ago and parked in a disabled bay in town (Mum has a valid blue badge). When she returned to the car there was a parking charge notice on the windscreen from Excel Parking.

    Now I've had trouble myself with Excel, last year when they sent what looked like a picture of my car (you could see the number plate) in a car-park in Sheffield on Christmas Eve. I was somewhere else entirely at the time and wrote to them to say so. However, they said there was photographic evidence and I had to pay up - the charge had roughley doubled by this time. As I could prove I was elsewhere, I ignored the following letters and they eventually gave up.

    However, DD was there but said that the blue badge had slipped down when they got back to the car and couldn't be seen. I wrote to Excel to explain this (and sent a scanned a copy of the blue badge) but they've sent 2 letters since basically saying it's her own fault if the badge wasn't showing properly and to pay up within the time limit or be taken to court with all the associated costs added to her bill.

    I told her I didn't think they could enforce it, but she's panic stricken so I told her I'd ask the experts on here what you all think :D

    A quick reply would be appreciated before she tears all her hair out, lol.
    I let my mind wander and it never came back!
  • marleyboy
    marleyboy Posts: 16,698 Forumite
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    I would let it go to court, and take the badge as evidence to a court, let them know your intentions to let a judge decide if its her own fault or not.
    :A:dance:1+1+1=1:dance::A
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  • jenny2009
    jenny2009 Posts: 149 Forumite
    let it go to court and tell them to prove that the blue badge was not on display.
    Ask them for a photo of the dashboard with no blue badge. Then get them to prove that it is the correct car if they do produce a photo of a dashboard without a blue badge. Then you produce a photo of the dashboard with a blue badge.

    Jen
  • consultant31
    consultant31 Posts: 4,814 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    jenny2009 wrote: »
    let it go to court and tell them to prove that the blue badge was not on display.
    Ask them for a photo of the dashboard with no blue badge. Then get them to prove that it is the correct car if they do produce a photo of a dashboard without a blue badge. Then you produce a photo of the dashboard with a blue badge.

    Jen

    Excel have sent photos of the car and 2 of them are of the dashboard. It's true that you can't see the badge, but it was there when they left the car but had slipped out of sight by the time they came back - probably when they slammed the doors.

    The thing is, are these people legally allowed to collect money from these "parking charge notices"? I know for sure they were trying it on with me last Christmas, and I had hoped that DD could ignore further communications from them in the certain knowledge that they can't do anything. Incidentally, it all happened on a retail park, if that makes any difference.
    I let my mind wander and it never came back!
  • zax47
    zax47 Posts: 1,263 Forumite
    Go to pepipoo.com, read the parket ticket section and then ignore this "invoice" as it is unenforceable.
  • consultant31
    consultant31 Posts: 4,814 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    zax47 wrote: »
    Go to pepipoo.com, read the parket ticket section and then ignore this "invoice" as it is unenforceable.

    Thank you, that's what we wanted to hear. I'm off to have a look on the pepipoo site.
    I let my mind wander and it never came back!
  • zax47
    zax47 Posts: 1,263 Forumite
    This Link should take you straight to the appropriate section in the Pepipoo forums.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Excel had a spanking in Court last year against Victoria Hetherington -Jakeman, but then said (in a statement for a later case) that they'd won the Hetherington-Jakeman case on appeal. They didn't even get the chance to appeal as far as I know - their application for leave to appeal was turned down! I believe they got another rollocking from the Court for that little lie.


  • To anyone that gets a ticket for parking in a handicap space..
    PAY YOUR FINE and don't park there again. You deserve to be ticketed.
    I am a badge holder and many time can't find a space because people like you are in it. Even if someone is waiting in the car, there is no way that
    you can tell what cars going around the car park need it and the car that does shouldn't have to stop behind you to tell you to MOVE IT! I can't believe that you would even consider trying to get you ticket fine back.
    Just goes to show you how inconsiderate people can be and not think of what this does to people who need those spaces. Maybe I'll come to your house and park in your drive.......just for a minute or until you come home and need it. You can just get out of your car and walk to tell me you need the space.
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