Civil Penalty Charge - ASDA Supermarket

zarjaz_2

Went to local ASDA today, where they put up signs last week saying "Three hour maximum parking". Car parking is free.

It was very busy, so I parked at the far end of the car park, at the side of the road. The road, even with my car parked, is wide enough to let 2 cars pass side-by-side.

Anyway, was only in for 15 minutes and came back to find a ticket...for "obstructive parking". They want £40, but if I pay in 10 days, it's only £20.

First of all, what exactly is "obstructive parking", if I'm not obstructing anyone?!

Secondly, the ASDA car park is private land. You might say that this doesn't matter, but I'm in Scotland, where there is no law of trespass.

So what gives ASDA the right to issue penalty charges, via their subcontractor, for me parking on their land - whether my car was actually obstructing or not.

From what I can gather via Google, they have to take me to court to enforce payment. But on what charge?!

Anyone got any advice on this, or been in a similar situation?

Cheers.

Gary

TheChillPill

As it is a civil matter, I would presume any court action would be to recover the fee only - i.e, you wouldn't be able to contest whether the ticket was issued correctly.

My advice would be to speak to the Asda manager, explaining the situation. The store (I believe) does not directly benefit financially from your ticket, but will carry alot of weight with the contractor. If you press your case politely, explaining the circumstances, you may find the manager will pursuade the contractor to cancel the ticket.

MrSmartprice

On what basis are they charging you? Were there signs detailing the charge?

I can see no reason why you would even acknowledge the ticket, unless you simply want to tell them to get stuffed. They would have to sue you in a civil court, but for what? I am not familiar with Scottish law, but was aware there is no law of trespass. In England they would have to show that they had been disadvantaged in some way, and were entitled to damages. I think they would get laughed out of court in the unlikely event that they even tried it.

I would not go begging to the manager, I would go demanding an apology for the harassment and intimidation the numpties had caused you. If they sue, you can counterclaim. So don't take any crap from them!

zarjaz_2

I agree with you - but I'm getting grief frommy wife who says it's better to pay £20 than to face two years of hassle and summons and court hearings! :xmassign:

highguyuk

Yup - women tend to like the easier way.

I recently had a parking ticket from Blackpool when the ticket machine was out of order. £60. Send off a cheque, with a letter, got me dosh back.

MrSmartprice

Remember, zarjaz, that the quickest way for these evil sods to triumph is for good men to do nothing. Never, ever let petty bureaucrats get the better of you just because it is less hassle. Give THEM the hassle instead. See who gets fed up first.

webhamster

I was in a similar situ recently , scotland also , but glasg royal hosp.SCENE Private carpark in a hospital....actually I wasnt in it but outside the strucure alltogether.TWICE I was ticketed.

On their ticket it stated that by using the carpark it was accepting a contract , which I believe is illegal contracts , plenty to argue about there alone considering I wasnt even in the building.Also that I had up a blue badge , which going by the terms means capability to park wherever it is safe and legal to do so.I was actually parked in a bay that HAD no rescticion signs whatsoever , yet some wee nazi ticketed the window.

Part two , NO handicap parking bays next to the building , parked on BIG pavement , no restriction to movement of traffic or peds.Got ticketed again , guess wher the handicapped parking bays are.....in the MULTI storey carpark...a PRIVATE one at a hospital.

Havent paid either and wont , to add insult to injury a police car parked just next to me LONGER than I was and a couple of other cars yet they never got ticketed.

Be prepared though , I think you will forget about it....then comes the good bit.They will then charge costs to retieve owner details , from the dvla , then they may baliff the debt , snowballing till its a price worth chasing for.

Im too polite to put at the end of this what i really think , but lest just say it questions whether they have male parents.

Bossyboots

I don't know about Scotland but in England the blue badge does not entitle you to park "whereever it is safe and legal" even if you are not causing restriction of movement. You are still bound by some parking restrictions and rules. You are not allowed to park on pavements in any circumstances in our area (not sure if that is a local bye-law or applies everywhere) unless there are signs allowing you to and white lines on the path. Even then you can only park with two wheels up.

I work on a High Street and people regularly get ticketed in the parking bays outside because although they have a blue badge, they park inconsiderately, most frequently across the lines of the bays. Regardless of their blue badge they receive a ticket as one of the specific items on the list that tells you what "offence" you have committed is that of parking across two bays. B;ue baadge holders are not exempt from that. That sounds a bit petty just reading it cold, but people parking that way can take out space for three cars if too many do it and of course, once one has parked badly, everyone else tends to as well as rather than leave the small space alone they squeeze their cars in and then commit the offence themselves.

vansboy

I'd guess that the signage also states 'park only within marked bays/areas' or similar.

BUT...

You were on a roadway, which MAY not be considered part of the carparek???, but an access route??

Is there anything stated about this being a private road, or any further sign signs BEFORE you could have parked where you did??

Potentially, could you, or anyone, have mistaken this area to just be the public highway, withoput even considering it's relationship, to the store??

Technically, in England, anyway, you COULD be guilty of obstructing the highway, WHEREVER your vehcle is - EVEN WHEN MOVING!!

I'd follow this thru' if I were you & you've time!!

VB

webhamster

Bossyboots wrote:

Even then you can only park with two wheels up.

Two wheels up is still an offence in england , its still using the pavement.The CURRENT paperwork I have for the blue badge scheme is scottish , and It clearly states " where it is safe and not contrary to any road traffic law.

England and scotland vary on the bbs , here there is no time ticket also.

As I stated if the coppers had a car doing it then it is legal in my eyes , I merely did what the cop car had done and they were on CHEVS.

I distincly remember that they are TRYING it on up here with civil penalites , the law is pretty grey but the concensus is that its illegal ....hence why we neve had the prob with the boot.

Bossyboots

webhamster wrote:

Two wheels up is still an offence in england , its still using the pavement.

No, I specifically said "unless there are signs allowing you to and white lines on the path. Even then you can only park with two wheels up".

Around here there are a number of roads where two wheels up parking is allowed. The parking zones are clearly marked and you must not have your wheels over the white line on the pavement. This may well be the result of a local parking regulation implementation but you are allowed to do it where it is indicated.