Fined for parking in disabled bay, but AM disabled.

Sirdan

As a result I can no longer legitimately use disabled spaces at my local Asda who now use T & C to police them.

Yes you can the Equality Act allows you to ..use the space and ignore T&C..they would not dare take this into any court..don't forget to consider taking them AND ASDA to court for harassment though !

Coupon-mad

MDBJ wrote: »

@ trebor21

Facts:

• I am disabled within the meaning of the Equality Act 2010
• I can only walk relatively short distances and often make use of instore wheelchairs once I am inside a supermarket
• I do not have a blue badge
• I am otherwise fit - my disability is not lifestyle linked but due to a stroke I suffered at a young age.

Consequences:

As a result I can no longer legitimately use disabled spaces at my local Asda who now use T & C to police them. I still eagerly await a ticket and an explanation from Asda setting out the reasonable adjustments they intend to make in order not to substantially disadvantage me. Its taken them 3 weeks so far.

I do use disabled spaces but only late in the evening and when there are plenty to be had but besides being inconvenient this prevents my being able to enjoy a wider stock selection and fresher goods.

For the record I am not a parasite. I receive no benefits; I run my own business in which I work full time; I own my own home and drive my own car (not a Mobility one - not that there is anything wrong with that) and only want to be cut some slack so that I can shop like everyone else does. I am being prevented from doing so by the arbitrary necessity to belong to a particular club concocted to enable a company to make profit. That has the smack of fascism about it and rather than call me a parasite the companies profiting off my back and those of other non-blue badge holding disabled in this way deserve the title far more don't you think?

:T Brilliant, timely and well-explained post again MDBJ! :T

Who's going to be first to sue a retailer and their pet PPC for compensation under the Equality Act, you or xoxnitaxox?

It has to be done.

MDBJ

Sirdan wrote: »

Yes you can the Equality Act allows you to ..use the space and ignore T&C..they would not dare take this into any court..don't forget to consider taking them AND ASDA to court for harassment though !

Yes I know. The emphasis is on the word "legitimately" as I point out later in the post but as there are only 9 such spaces I do defer to bb holders if they are about.

I also said "I still eagerly await a ticket [from T & C]" so I suppose that's the giveaway. Despite my best baiting they ain't taking it yet as I am more than willing to issue proceedings - bearing in mind that there is a 6 month limitation. What I like particularly is that besides damages in tort one can also claim for hurt feelings. :cool:

xoxnitaxox

esmerobbo wrote: »

The PPC indulge in disabled bay enforcement because its easy for them to issue their charges. A person can park in a disabled bay and display a blue badge. The PPC's conditions have been met! However the blue badge may not belong to the person who parked. So their enforcement is a nonsense!

The PPC can not insist on seeing the blue badge, so how are they "stopping disabled bay abuse" their not and their not interested in doing so.

A parent with a severely disabled child under two can not get a blue badge! Where do they park? If a disabled person requires the disabled toilet in the store do they have to prove/show they are disabled?

Unfortunately we are going to see people abuse all parking situations but I would rather see the chavs getting away with parking in disabled bays then see one disabled person being penalised for parking in one!

Such a good point. I was talking to my fianc! about it last night and said, "they didn't ask me for proof of disability when I needed the key to use the toilet." And before any smart !!! says "well they could see you in a wheelchair." I sent my brother to get the key; They did not see me at all at reception desk.

And thanks for the support. It appears there are a lot of people out there who feel the same way.

xoxnitaxox

MDBJ wrote: »

@ trebor21

Facts:

• I am disabled within the meaning of the Equality Act 2010
• I can only walk relatively short distances and often make use of instore wheelchairs once I am inside a supermarket
• I do not have a blue badge
• I am otherwise fit - my disability is not lifestyle linked but due to a stroke I suffered at a young age.

Consequences:

As a result I can no longer legitimately use disabled spaces at my local Asda who now use T & C to police them. I still eagerly await a ticket and an explanation from Asda setting out the reasonable adjustments they intend to make in order not to substantially disadvantage me. Its taken them 3 weeks so far.

I do use disabled spaces but only late in the evening and when there are plenty to be had but besides being inconvenient this prevents my being able to enjoy a wider stock selection and fresher goods.

For the record I am not a parasite. I receive no benefits; I run my own business in which I work full time; I own my own home and drive my own car (not a Mobility one - not that there is anything wrong with that) and only want to be cut some slack so that I can shop like everyone else does. I am being prevented from doing so by the arbitrary necessity to belong to a particular club concocted to enable a company to make profit. That has the smack of fascism about it and rather than call me a parasite the companies profiting off my back and those of other non-blue badge holding disabled in this way deserve the title far more don't you think?

Well said!! Agree completely, but from now on I would suggest (if you're willing) that you shop when you want to, not at night. It's obvious they cannot enforce charges on disabled people in this way, so I'd risk it. Hell, I'll come take you! lol (assuming you're not at the opposite end of the country of course!)

Sirdan

MDBJ wrote: »

Yes I know. The emphasis is on the word "legitimately" as I point out later in the post but as there are only 9 such spaces I do defer to bb holders if they are about.

I also said "I still eagerly await a ticket [from T & C]" so I suppose that's the giveaway. Despite my best baiting they ain't taking it yet as I am more than willing to issue proceedings - bearing in mind that there is a 6 month limitation. What I like particularly is that besides damages in tort one can also claim for hurt feelings. :cool:

Yes that was my point entirely -you can legitimately use the space because the LAW says so ..statute law will always outweigh any "contract" that ASDA / T&C feel they can impose ..it is their restriction that is not legitimate !

xoxnitaxox

MDBJ - Have you ever complained to ASDA about it?

I moved recently, but my old local ASDA's checkouts were too narrow for my chair, and the wheelchair aisle was closed for four weeks. I complained and was told "we can't do anything, write to head office." So I did, and I visited ASDA two days later... just in time to see the workmen fixing it. Made me grin I can tell you!

robredz

I don't use a wheelchair, but use a stick, and the trolley then like a zimmer, If I argue the toss with the parking goon and he issues his ticket see you in court ASDA as joint defendants with your PPC

robredz

xoxnitaxox wrote: »

MDBJ - Have you ever complained to ASDA about it?

I moved recently, but my old local ASDA's checkouts were too narrow for my chair, and the wheelchair aisle was closed for four weeks. I complained and was told "we can't do anything, write to head office." So I did, and I visited ASDA two days later... just in time to see the workmen fixing it. Made me grin I can tell you!

Most Excellent:T

fawd1

just to wade in on the OP's earlier comments and some of the advice given to him. I got a parking fine from Morrisons a while ago from a compnay called CP plus or something similar. Anyway, fully intended to ignore it, but actually ended up going back into Morrisons, spoke to the manager there and explained that even though I had been there longer than the allotted time, I had spent over £200. They were really helpful and said, don't worry we'll sort it out and I got a letter about 5 days later from CP plus informing me the ticket had been cancelled. So to get to the point, might be an idea to speak to the IKEA management if you want to avoid getting more letters. They can cancel these tickets for you if they choose.