TCP ticket for parking in a partially marked disable bay at supermarket

give_them_FA

Sorry matey, but you really are a newbie...lol!

Cancelling tickets NEVER happens. The company does not relinquish its grip on your money by being fair to you! Now, in law, the blue badge system doesn't apply to private car parks anyway.

All you will get if you appeal is a rejection. ASDA don't have a clue as to how their "agents" operate and maybe even believe they are a reputable firm. They are not, they are money-grubbing scammers.

Appeal if you want, but I have told you what the result will be, unless you look up and a pig is cruising overhead... I'd like to be proved wrong, but it hasn't happened so far!

The better idea is to treat this charge with the CONTEMPT it deserves. It is NOT a fine as no private company has the right to fine you, only councils and police can do that. But that won't stop them trying to con you into believing they can...

Simple answer, they CANNOT enforce this, you owe them NOTHING, and they CANNOT take you to court. Just ignore each and every letter they or their cronies send you. They will realise you weren't a MUG and they will melt back into the shadows...

Kite2010

Template from Coupon-Mad

Just edit out the Parking Eye references to the PPC which has issued you the invoice (TCP I assume)

Dear Sir/madam,
Be advised that this is the only notice prior to a Small Claim that will be sent.

A 'parking charge' (ref xxxxxx) was attached to a vehicle and I am the registered keeper and I have been sent the enclosed threatening letters.

I must advise you that both the driver and the passenger are protected disabled persons under the Equality Act 2010 and are legally entitled to use when needed, a 'reasonable adjustment' such as a 'disabled bay' on private land.

Parking Eye should have known that the car had disabled occupants from the disabled tax disc on the car. Of course, ignorance of disability law is no excuse for the enclosed unlawful threatening letters being sent to the registered keeper.

This bullying of disabled people does not represent Asda in a good light at all - as a direct result of this, Asda have now lost the custom of our whole family who previously shopped at xxxxx store. Not only that, this is clearly harassment which is illegal.

The car park signs which pretend that all legally-protected persons have to display a 'Blue Badge' are actually discriminatory. A genuinely disabled person quite simply does NOT need any permit to make use of this adjustment.

I am sure that the Blue Badge scheme may seem 'convenient' for Parking Eye to pretend they can rely on, to make 'policing' of these bays nice and easy - but it isn't that simple. In fact it is an Equality Act breach for your signs to effectively suggest the bays are not a provision for ALL protected disabled people who have need of that adjustment.

As you (Asda and Parking Eye) are now fully aware that the driver and passenger are disabled and entitled to park there, as the registered keeper of this car I expect to hear no more about this matter.

Take notice that I will regard any further correspondence, save as may be required to litigate matters between us or to confirm that the matter is closed, from you, your agents or assigns as harassment within the terms of s.2(1) of the Protection from Harassment Act 1997. Harassment is also another Equality Act breach in its own right, and citing either/both Acts, I will also reserve the right to seek damages from you (Asda and Parking Eye who are jointly and severally liable for these unlawful actions).

I now assume the matter is closed and sincerely hope that Asda takes action to stamp out this illegal practice by your agents.

Yours faithfully

---

Send to Parking Eye and also CC to the Manager of that branch of Asda.

Richard_T_

Just out of interest, what would happen if you presented one of these letters in store to someone on the customer support desk, or even to a a car park supervisor, as well as going up the chain somewhat?

taffy056

Richard_T_ wrote: »

Just out of interest, what would happen if you presented one of these letters in store to someone on the customer support desk, or even to a a car park supervisor, as well as going up the chain somewhat?

Well it will probably go completely over the head of the manager and he will panic and send it on to the head office, that is why it should be sent to them via the CEO . As far as the person working on scamming in the car park, it's not for him/her this would go to their registered address.

Coupon-mad

Richard_T_ wrote: »

Just out of interest, what would happen if you presented one of these letters in store to someone on the customer support desk, or even to a a car park supervisor, as well as going up the chain somewhat?

Go for it - hand it in to the Duty Manager and watch them panic at the mention of disability discrimination! But don't bother with a 'car park supervisor', that's not a real job and half of them can't read I expect.

Richard_T_

If you took it to the person at the customer service desk, and any one looking after the car park woud only be fair thing to do, as they are probably completly unaware that anything wrong has been done either by them or in their name.
you could also try asking for them to refund anyone who has been affected by their mistake, and if they could make a donation to charity, as after all you wouldnt want to be seent to be wanting to make money from them for an error where you have suffered no financial losses ( except any expenses/refunds) as that would be wrong

taffy056

Richard_T_ wrote: »

If you took it to the person at the customer service desk, and any one looking after the car park woud only be fair thing to do, as they are probably completly unaware that anything wrong has been done either by them or in their name.
you could also try asking for them to refund anyone who has been affected by their mistake, and if they could make a donation to charity, as after all you wouldnt want to be seent to be wanting to make money from them for an error where you have suffered no financial losses ( except any expenses/refunds) as that would be wrong

Richard

Thank you for your thoughts on this, and normally with a reputable company this would work, but you are talking about companies that have no scruples, they lie, cheat , scam, impersonate authority, victimise people and basically cheat money out of people.

They don't care about mistakes, or appeals, or anything beyond they want your money, they break laws, they have no compunction about taking money from disabled people even though they know they are disabled!

Can I just say read a few pages of this section of the forum to see how these companies operate, its not a one off here and there, they are all the same, there is no one bad egg out of the lot, they are all bad eggs as you will soon see.

Richard_T_

The thought is the car parking compnay may not respond, but if the car parks the responsability of ASDA ( or whoever) then surely ASDA have a duty of care towards their customers, if the car parking company opperate on ASDAs car park with ASDAs permission/being paid by ASDA, then surly ASDA are responsable for the actions of their employees and contractors.

As for the attendents in the car park i always thought they were there to look after the cars ( ie crime prevention) so last weekend it struck me as odd that a car park attendant seemed to be furiously punching registrition numbers into a hand held scanner, he was still at it 6 hours later when i returned to the same supermarket to pick up some milk.

Coupon-mad

Richard_T_ wrote: »

The thought is the car parking compnay may not respond, but if the car parks the responsability of ASDA ( or whoever) then surely ASDA have a duty of care towards their customers, if the car parking company opperate on ASDAs car park with ASDAs permission/being paid by ASDA, then surly ASDA are responsable for the actions of their employees and contractors.

Yep, that's why the suggestion is to threaten to sue them - the PPC and Asda. The latter are jointly and severally liable for the reasons you state.

Richard_T_ wrote: »

As for the attendents in the car park i always thought they were there to look after the cars ( ie crime prevention) so last weekend it struck me as odd that a car park attendant seemed to be furiously punching registrition numbers into a hand held scanner, he was still at it 6 hours later when i returned to the same supermarket to pick up some milk.

Odd? You haven't read enough on this forum.

He isn't a car park 'attendant'.

They are not involved in crime prevention.

They are not involved in the upkeep or maintenance of the car park.

They are not interested in keeping the car park flowing or helping people to find a space.

PPCs run a practice akin to a protection racket and the guys in high-vis jackets in Supermarket car parks are only told to do one thing, and ONE THING only. That is to make money, issue lots of fake tickets as some mugs will pay them. Then issue some more. OH, but they are not told that they are fake PCNs, I know because I have spoken to some of the hapless employees who do this shameful 'job'. Some of them actually believe they are issuing parking tickets - and so do plenty of Supermarket employees, and there's no explaining it to some people!

Some of the worst companies ccould even just randomly collect car reg numbers like train spotting, and then just collect from the numpties who would still just pay up. 'A fool and his money' is the motto of these scammers I am sure.

There are NO good private parking companies, the whole thing is a con based on impersonation of authority. If MOST people knew it wasn't a parking ticket, wasn't a fine, that the company cannot issue penalties to anyone, then the whole house of cards would come crashing down!

None of them give 2 hoots about disability law and it's time they were forced to take notice IMHO.

give_them_FA

Richard, you have good ideas but need to learn a little about car parking companies! Their operatives are not there for crime prevention, as they are the criminals! Scammers and extortionists.

But you are perfectly correct in your view that ASDA will be liable for the actions of the agents it uses. That's the main point of attack. And if money is extracted from Asda, it won't be going to charity. It is called Damages and those that claim it will richly deserve compensation for the excesses of Asda's Carpark Cowboys.