TCP And Asda

Fergie76

Tonight my car has received it's first ever PPC ticket. Well done!

The scammers that have had the pleasure of issuing it, are Town and City Parking Ltd for parking in my local Asda.

The driver parked in a disabled bay, as they were accompanied by wife who is registered disabled. Unfortunately, her disable badge expired at the end of March and has taken longer than expected to re-new. She is still waiting on the new one arriving. Although that is not a problem with Asda being private property.

Anyway, the driver displayed the old badge. As the driver and my wife were walking into the store, they saw two people wearing TCP florescent jackets (never seen them at Asda before, never mind at 7pm), and the driver commented to my wife that they would have a ticket upon return to the car. They were not to be disappointed.

Anyway, ticket was received, with their imaginary offence code H, which looking at the back of the ticket is disabled bay - no badge.

Now call me picky, but a badge was displayed, albeit an expired one, but that's not what the contravention is. :rotfl:

Now, I do like to have a good complaint about things, so my question is, who can I complain to?

I'm gonna go back to Asda over the weekend and complain to their manager about them breaching the DDA (I think that's what it's called).

Who else can I complain to and is there anything else that I should mention?

Oh yeah, to make matters worse, they took a note of car tax, for whatever reason, however if they looked closely enough, they would have seen that tax classification was disabled.

What a bunch of clowns!

As a side issue, my wife has also now committed the heinous crime of removing the ticket from the car.

It clearly states on the front of the ticket (must be true, it's in capitals):

WARNING

IT IS AN OFFENCE FOR ANY PERSON OTHER THAN DRIVER TO REMOVE THIS NOTICE.

Hmm, I wonder if my wife will get life? (Best not to get my hopes up, eh?) :rotfl:

taffy056

Well expect lots of letters from the scammers, don't be afraid of them taking you to court come back here for reassurance lol

On a serious note, coupon will be pleading with you to make a complaint, so I would bet she will know exactly what you need to do

trisontana

If you have read my thread about ASDA and T&C you will probably find that ASDA will wash their hands of the whole matter. According to a couple of emails I recently received from the supermarket "T&C own these car-parks which are under the council". Complete nonsense of course.

Fergie76, did the signs in that car-park have the magic words "civil penalty charge"?. That was the subject of my complaint to ASDA.

Fergie76

trisontana wrote: »

Fergie76, did the signs in that car-park have the magic words "civil penalty charge"?. That was the subject of my complaint to ASDA.

I can't remember off the top of my head, but will ask the driver to check when they go back.

But I think they did last time I looked which was around Christmas time.

funkycoldribena

Code H!!!,code H, You are in big doodoos no-one should ever break code H,do you realise what you've done???

Fergie76

funkycoldribena wrote: »

Code H!!!,code H, You are in big doodoos no-one should ever break code H,do you realise what you've done???

Don't think I'll sleep tonight worrying.

Driver8

This is what i do in ASDA car parks amongst others;

https://forums.moneysavingexpert.com/discussion/2889890

Coupon-mad

If someone has a long-term condition affecting their normal day-to-day living then they are covered by the Equality Act 2010 (not the DDA any more but it's better as it includes 'harassment'):

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068

Blue Badge or not, they can make use of any reasonable adjustment they need, which is provided by a retailer/service (in a car park this may include use of a disabled bay and/or allowance to stay longer than any restriction placed upon non-disabled customers).

Have a read through this:

http://www.equalities.gov.uk/equality_act_2010.aspx

...there's lots on there and somewhere it explains that 'if a retailer/service should have known about the disability' (which they should have in your case due to the Badge and the tax classification) then they have to justify their actions after that. A breach would then include any form of harassment, treating the person and/or carer differently than a non-disabled customer, etc. A fake PCN and a series of threatograms trying to extort money not owed fits the bill on both counts.

Do you fancy taking this to Court for discrimination compensation?

If so then complain to Asda (snail mail or email to the CEO at Head Office) telling them the facts and making the disability need crystal clear. Use the word 'discrimination' but IMHO do not specifically mention the Equality Act (surely that's for them to know). I think I would actually send a copy to T&C as well, telling them that any alleged contract is with the driver but 'see attached discrimination complaint'. See what responses you get.

Assuming Asda do not decide to get the ticket cancelled then just wait for the first threatogram then send Asda and the PPC a 'Letter Before Action' stating your intention to claim for damages in County Court. See the link below:

http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-service-providers/what-to-do-if-someone-says-theyve-been-discriminated-against/

...although it's written from the point of view of the service provider - Asda and their agents - it is very useful as it has a whole section called 'Key points about discrimination cases outside the workplace'.

From that you can see that you have to lodge your claim within six months of the incident (that's why I reckon copy in T&C to the Asda complaint; neither of them can then say they weren't aware of the disability issue in good time). And it's clear that the main remedies available inlude:

• Damages (including compensation for injuries to feelings).

I have no experience of how much you can claim but County Court Small Claims track has a max of £5000 anyway. I seem to recall a complaint mentioned by a poster on CAG where a disabled person seriously complained to a Supermarket about a lack of disabled bays and were given a four figure sum out of Court (allegedly).

OF COURSE YOU DON'T HAVE TO TAKE THEM TO COURT BUT I WOULD LOVE TO SEE SOMEONE DO THIS SOON AGAINST A PPC AND RETAILER.:D

Fergie76

Like you, I like a fight, especially against the big boys. My only concern is that I'm very busy at work for the next 10 weeks (and I will be away for most of this time).

Will have to have a serious think about this.

Cheers, C-M.

taffy056

Fergie I appreciate you are busy, aren't we all as coupon says it's just a few letters at the moment which can be copy and pasted to the retailer and ppc, so not to time consuming , and as the DCA letters will be coming to you in any case , it would be great if you can do this or perhaps your wife has more time ?

It would be good to see these people sweat a little, perhaps you should ask mobilise what to do ?

Fergie76

I really want to do this, Taffy.

The problem is, I'm in the Navy and I'm going to be at sea for the next 10 weeks, so it's not just the fact that I'm going to be extremely busy, I won't receive the letters until I get home and this is not something my wife would do. She leaves everything like this to me.

I think I might ping off an email to mobiles today and see what their recommended course of action is? :rotfl: