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A Disabled Charity And A PPC

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  • Flipper38
    Flipper38 Posts: 18 Forumite
    lucylucky wrote: »
    In post #51 I pointed out a couple of things that were incorrect on their website.

    Specifically the Baywatch Survey results page

    It would appear someone from Mobilise has been reading this thread and has altered the wording (My bold)

    Well over half of those who visited Sainsbury’s reported that there were signs up warning that people using the accessible bays without a Blue Badge would be issued with a penalty charge notice.

    Which used to read

    Well over half of those who visited Sainsbury’s reported that there were signs up warning that people using the accessible bays without a Blue Badge would be fined.

    Nice to see that they can correct themselves, sometimes, however it would be better if they had added after pcn "which can and should be ignored".

    Well thats surely good news then, they obviously want to make sure they do the right thing and are not above correcting themselves if they make a mistake.
    lucylucky wrote: »
    RESULTS 2007
    Percentage of disabled bays being used without a badge:
    Morrisons 13%
    Sainsbury’s 18%
    Asda 23%
    Tesco 23%
    Average 19.25%
    The figures showed that, on average, more than 1 in five bays surveyed were occupied by people too lazy or selfish to park elsewhere.


    The figures showed nothing of the sort.All they show is that there were people parked in "disabled" bays without a blue badge. You can extrapolate no information as to anything to do with disability from the above figures.

    So in a way you are agreeing with me that you should be careful with what you read on the internet as it might be misleading. :)
    Excellent, thanks for that.

    Regards

    Flipper
  • Flipper38
    Flipper38 Posts: 18 Forumite
    trisontana wrote: »
    Wrong!!!

    How many more times must it be stated that blue-badges have no legal standing in private car-parks?

    So if you're not a blue badge holder would you be happy to tell a disabled person that you're parked in a disabled bay because they have no legal standing in private car parks?
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    So Flipper38, do you now agree that Lockmeadow Car Park is a council car-park, and therefore has no relevance to this discussion about private car-parks and the un-enforceability of blue-badges in such places?
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Flipper38
    Flipper38 Posts: 18 Forumite
    trisontana wrote: »
    Lockmeadow is actually run by Maidstone Borough Council, so that's another argument shot down in flames!. So nothing to do with a PPC. Unless they are acting on behalf of the council, and that's a different ball-game completely. It looks like Flipper38 doesn't seem to grasp the difference between council and private car-parks.


    Shot down in flames??? LOL I never said it wasn't, I was just merely stating that I got a fair hearing thats all.
  • Flipper38
    Flipper38 Posts: 18 Forumite
    trisontana wrote: »
    Lockmeadow Car Park is actually run by Maidstone Borough Council, so that's another argument shot down in flames!. So nothing to do with a PPC. Unless they are acting on behalf of the council, and that's a different ball-game completely. It looks like Flipper38 doesn't seem to grasp the difference between council and private car-parks.

    I never said it wasn't, I was just merely stating that I got a fair hearing thats all.
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Flipper38 wrote: »
    So if you're not a blue badge holder would you be happy to tell a disabled person that you're parked in a disabled bay because they have no legal standing in private car parks?

    It's been stated on this forum many times that nobody on here supports the flouting of disabled spaces by able-bodied drivers. Our argument is with the parking companies and land-owners who act as judge and jury and try to "penalise" disabled people who do not display these badges.That's the difference. One's a moral issue, the other's a legal one.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 13 August 2010 at 3:00PM
    Flipper38 wrote: »
    I never said it wasn't, I was just merely stating that I got a fair hearing thats all.

    You are much more likely to get a fair hearing from a council compared to a private company. It's in the latter's interest to turn down all "appeal's", otherwise they will lose money.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • AlexisV
    AlexisV Posts: 1,890 Forumite
    Re. Glasgow and Oldham - remember that losses have to be proved from breach of contract.

    Putting aside driver identification issues, which can be a complete red herring unless you genuinely weren't the driver, the judges found that losses had been suffered by the landowner. Now whether the losses were as much as the judge decided, is another issue and all likelihood a different judge might only have awarded £10 or £20. But if you park in McDonald's everyday, you could tangibly be causing lost business from taking a space.

    Remember these are losses, not the contractual penalty amount the PPC claim is theirs.
    So if you're not a blue badge holder would you be happy to tell a disabled person that you're parked in a disabled bay because they have no legal standing in private car parks?

    In the context of us both getting out a car and a blue badge holder saying "Oi - you can't park here without a blue badge"? Well yes, if I was genuinely disabled. It's nothing to do with them.

    I don't advocate abusing disabled bays, but if I was 17 years old and was on crutches I would have no qualms about using a disabled spot in a supermarket. And the law would back me up, even if I was fit and healthy.

    This is purely a moral issue.
  • Flipper38
    Flipper38 Posts: 18 Forumite
    trisontana wrote: »
    It's been stated on this forum many times that nobody on here supports the flouting of disabled spaces by able-bodied drivers. Our argument is with the parking companies and land-owners who act as judge and jury and try to "penalise" disabled people who do not display these badges.That's the difference. One's a moral issue, the other's a legal one.

    Good, I'm glad we agree about that. But we only ever hear one side of the story from a small minority. If a disabled person forgets to put up a badge once, then fine, make sure the ticket gets cancelled. If they keep on doing it, should they keep getting let off? What else do they routinely forget to do when driving?

    Regards

    Flipper
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Flipper38 wrote: »
    Good, I'm glad we agree about that. But we only ever hear one side of the story from a small minority. If a disabled person forgets to put up a badge once, then fine, make sure the ticket gets cancelled. If they keep on doing it, should they keep getting let off? What else do they routinely forget to do when driving?

    Regards

    Flipper

    But as your saw from the story posted at the top of this thread, the disabled driver made a simple mistake and forgot to display the badge, they "appealed" and it was turned down. So that ticket was not cancelled.

    And what's with all this "must display the blue badge" malarkey? You have been told countless times that blue badges do not apply in private car-parks. Can't you understand that fact?
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
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