Parking Ticket, Disabled Bay, ASDA

ceebeeby

Hi All,

Can I join the deluge of posts re: parking tickets. I have searched to see if I could piggy back on to someone elses' rather than create a whole new one, but couldn't find anything.

Last week I loaned my car to a relative (who lives overseas). The relative drove another elderly and disabled relative to a large ASDA store in my car.

The driver parked the car in the disabled bay genuinely thinking this was okay as the passenger was disabled. When they returned there was inevitably a parking ticket from Town and City Parking.

I emailed ASDA to tell them that the passenger was disabled and as such please remove the PCN. I further said I would not engage with Town and City Parking (I think because I emailed ASDA they assumed I was driving, but I've since emailed back to say i wasn't and I was going to post for advice on this forum before coming back to them).

ASDA responded by saying: "Thank you for your email regarding the Parking Charge Notice you received when shopping in our XXXXXXX store recently.

I'm sorry to hear you were issued a parking ticket for parking in our disabled bays. According to government guidelines, Blue Badge holders are allowed to park anywhere that is a public right of way. This applies to the car parks that we use, but are owned by the council.

The British Parking Association's code of conduct is followed by the companies that patrol our car parks.

Should you wish to appeal against your Parking Charge Notice, you will find their contact details on the back of the notice.

Thanks again for your email. If I can help you with anything else please let me know. We look forward to serving you again soon."

I don't want to be stung for a parking ticket when I wasn't anywhere near the vehicle, nor do I want to 'dob' my relative in - who lives overseas, but in an EU country, but it's also massively unfair that this disabled relative (and she is genuinely registered disabled and can barely walk) should not have the benefit of a disabled bay just because she's a guest in someone elses car.

Welcome your advice please - and just to say I have not engaged at all with Town and City parking company.

vax2002

ceebeeby wrote: »

Hi All,

just to say I have not engaged at all with Town and City parking company.

That is all you need to do, Ignore, KEEP IGNORING
they will buy your private data from DVLA and send a series of harassment letters including fake solicitors and fake debt collectors letters all full of completely and utterly empty threats of non existent court action.
From a LEGAL point of view, what you have been given is an
"invitation to pay a private invoice" it is LEGAL in the UK to Invoice any citizen and ask them to pay your invoice, you could do it with your next door neighbour for leaving his cat out, I suggest £120.
What is also legal is your right to reject the invitation and not to enter in to any further correspondence with the issuer of this unsolicited invoice.
If they think you actually owe them the money, they have to apply to court before any Debt exists, however as the courts have judged that these invoices are actually penalties which can not be enforced in court, they wont be doing that.
So, Ignore :
Ignore all silly letters :
Next case :
PS : Asda get a share of the scam money, so dont expect any sympathy there.

RENEGADE_2

First of all Cbeebie, EU country or not, people do not get extradited for being the driver of a car which was parked in breach of a landowner's terms! As long as your relative didn't murder anyone you have nothing to fear, not even if the address is in the Republic of Ireland.

With my own family being foreign, I've often thought of declaring one of them the driver if the push came to the shove and I had to. I'd love to see a judge's face when his antagonist is someone living in Croatia. "Well you aksed me for the details, now I've given them to you...the matter is concluded. It's not my problem that you can't touch them."

However, you have nothing to fear from Town & City. Their demand is unlawful as it does not constitute losses to the landowner - this makes it de facto penalty which is something invalid if generated by one citizen and given to another. The "terms and conditions" can say what they like, their terms are only valid insofar as they obide by the law. Calling a penalty a "parking charge notice" does not alter the effect.

Expect some letters from debt collectors but please do not assume they are bailiffs, because they are not. Once again, even the bailiff can do nothing unless sanctioned by the court. No court = no obligation to pay.

If they threaten to apply for a CCJ, try them! I promise you they won't because the court would not even consider a case. They need to convince the court that the amount sought constitutes losses, that is Contract Law.

Ignore all.

ceebeeby

Thanks guys - I did think as much, but am disappointed that ASDA would actively participate in such a 'scam' - I guess that's naivety on my part, but out of all the big supermarkets, they always seemed to be the most genuinely honest.

So, do nothing unless they say CCJ - at which time (if it happens) I'll pop my head back in to find out what I should do next.

Thanks again, much appreciated.

CBB

fb1969

Sadly not only do Asda condone the practice and the harrassment and hounding that can follow, many other "respectable" companies do as well - Sainsburys, Tesco, B+Q etc etc, in fact most companies you care to think of that have a non-council owned car park

ceebeeby wrote: »

"We look forward to serving you again soon."

You could email Asda back and point out that they won't!

Fergie76

ceebeeby wrote: »

Hi All,

Can I join the deluge of posts re: parking tickets. I have searched to see if I could piggy back on to someone elses' rather than create a whole new one, but couldn't find anything.

Last week I loaned my car to a relative (who lives overseas). The relative drove another elderly and disabled relative to a large ASDA store in my car.

The driver parked the car in the disabled bay genuinely thinking this was okay as the passenger was disabled. When they returned there was inevitably a parking ticket from Town and City Parking.

I emailed ASDA to tell them that the passenger was disabled and as such please remove the PCN. I further said I would not engage with Town and City Parking (I think because I emailed ASDA they assumed I was driving, but I've since emailed back to say i wasn't and I was going to post for advice on this forum before coming back to them).

ASDA responded by saying: "Thank you for your email regarding the Parking Charge Notice you received when shopping in our XXXXXXX store recently.

I'm sorry to hear you were issued a parking ticket for parking in our disabled bays. According to government guidelines, Blue Badge holders are allowed to park anywhere that is a public right of way. This applies to the car parks that we use, but are owned by the council.

The British Parking Association's code of conduct is followed by the companies that patrol our car parks.

Should you wish to appeal against your Parking Charge Notice, you will find their contact details on the back of the notice.

Thanks again for your email. If I can help you with anything else please let me know. We look forward to serving you again soon."

I don't want to be stung for a parking ticket when I wasn't anywhere near the vehicle, nor do I want to 'dob' my relative in - who lives overseas, but in an EU country, but it's also massively unfair that this disabled relative (and she is genuinely registered disabled and can barely walk) should not have the benefit of a disabled bay just because she's a guest in someone elses car.

Welcome your advice please - and just to say I have not engaged at all with Town and City parking company.

https://forums.moneysavingexpert.com/discussion/3187852

https://forums.moneysavingexpert.com/discussion/3419713

ceebeeby

Thanks Fergie - that is quite spookily similar!!!

Did you ever write to them to say they were discriminating?

Coupon-mad

ceebeeby wrote: »

Thanks guys - I did think as much, but am disappointed that ASDA would actively participate in such a 'scam' - I guess that's naivety on my part, but out of all the big supermarkets, they always seemed to be the most genuinely honest.

So, do nothing unless they say CCJ - at which time (if it happens) I'll pop my head back in to find out what I should do next.

Thanks again, much appreciated.

CBB

No, do nothing even if they threaten a CCJ. Only take notice if you actually receive sealed court papers for a legit Small Claim.

See Fergie76's links two posts above for the 'Whyte' threatograms you will get. You need to be ready...to laugh and ignore them.

See also this thread by xoxnitaxox about a similar recent experience, albeit in IKEA. I have linked you to page 3 where another disabled poster, MDBJ, states that they have complained to Asda officially about what is happening with their dicrimination - and they await a reply and may sue:

https://forums.moneysavingexpert.com/discussion/3412999

That reply you got from Asda is pants. Complain to Asda again, but to the CEO this time. I bet the BPA wrote that reply for them, tell Asda you suspect they did and tell them that their legal dept needs to think again as they have obviously fallen for the whole 'fake private parking ticket' scam hook, line and sinker. It is almost laughable that they appear to have actually turned to the industry's equally-dodgy member's club/umbrella organisation for a response to the indefensible and unlawful actions of one of their own members. Do Asda not realise that the BPA is NOT a regulator, not independent and not an authority on anything at all, and they have been unfavourably featured several times on Watchdog let alone MSE and other online forums?

Tell Asda (in writing) that they have broken the Equality Act (incorparating the DDA) by allowing their agents to discriminate against genuine disabled shoppers. Tell them that the BB scheme does not apply on private land, and since the car park is leased from the Council and 'policed' privately by a well-known private parking company who issue fake PCNs, clearly to insist on a permit from the irrelevent on-street Blue Badge scheme is disability discrimination. Any driver or passenger can use that bay for their car if they are 'disabled' within the meaning of the law, blue badge or NOT. A retailer and PPC breach the law if they 'know or should have known' that a person was disabled - Asda know now and have not called off the PPC so the letters the registered keeper will now receive - those debt collector & 'solicitor' threats Fergie76 has shown you - constitute harassment of a disabled person. A breach by Asda as they KNOW about the disability.

By the way, if you read the thread by xoxnitaxox in full, and the recent thread by robredz here and another one by jazzi.jenni here, you will see that it's very common to see this sort of initial response from a retailer. It's anyone's guess as to who will sue a retailer/service provider first for compensation - join the club! I am certain there's a few thousand notes waiting for the first person to sue on this issue.

Rover_Driver

According to government guidelines, Blue Badge holders are allowed to park anywhere that is a public right of way.

What Government guidelines? The Blue Badge gives the holder concessions when parking on the highway or local authority car parks, nothing to do with public rights of way or private car parks.
I suppose it was the BPA that told ASDA it was 'government guidelines'!!

RENEGADE_2

ceebeeby wrote: »

Thanks guys - I did think as much, but am disappointed that ASDA would actively participate in such a 'scam' - I guess that's naivety on my part, but out of all the big supermarkets, they always seemed to be the most genuinely honest.

So, do nothing unless they say CCJ - at which time (if it happens) I'll pop my head back in to find out what I should do next.

Thanks again, much appreciated.

CBB

All is not as it seems in the big business world. Half-price pork at Asda?

As it says in the Bible - beware of Greeks baring gifts!

Fergie76

ceebeeby wrote: »

Thanks Fergie - that is quite spookily similar!!!

Did you ever write to them to say they were discriminating?

No, unfortunately I never had time. I am in the Forces and was away with work for a couple of months after it happened.

If you read this thread, it might give you an insight in to why Asda are loathed to do anything.