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Unfair Supermarket parking fines

Hello all, this is my first time ever posting on a forum can anyone help. My 69 year old mother in law is registered disabled and not in good health went to a Cardiff retail park with my brother and she parked in a disabled bay and displayed her mobility badges as she normally would. A week or so after Christmas she received a parking invoice through the post stating she has to pay £70 for parking in a disabled parking bay. The family tried ringing to inform them that she is registered disabled with a mobility car and did indeed display her blue badges. They said we had to appeal and so we did also sending in a copy of her badges. They have since replied saying the fine still has to be paid and if she don't pay within 14 days it will go up to £100. My mother in law is worried sick about this matter I'm worries about her health. The strange thing with this matter is that the exact same thing has happened to my parents on another Cardiff retail park where also parents are registered disabled. At the time of my parents ticket that got sent through the post my father was sitting in his car as their dog had set off the car alarm so he had came back from the shop. So not only had he displayed his badge but he also was sitting in the car at the time. I would be very grateful if someone could advise on this matter. Many Thanks Tracey
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Comments

  • If it's from a private parking company (Not the council) just ignore it completely, they have NO RIGHT to fine her for anything. :-)
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Just make a coffee, read a few other threads and ignore all threatening letters from the company, fake solicitors and debt collectors that will follow. These are there to scare you and, if your post is accurate they have NO CHANCE of getting this through a court.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Well they are in breach of the BPA CoP which states that they must not ticket a car with a badge, but more importantly they are in Breach of the Equality Act 2010 as they know she is disabled and not cancelling this.

    I would write to the retailer involved with this in the headed 'Breach of Equality Act 2010 <car park name> and demand that they get this cancelled or your mother will sue them for a minimum of £500 plus costs.

    Also a complaint to the dvla who releases keeper details is in order as they have obtained the details against the bpa CoP which is also a breach of the terms set out by them.

    BPA CoP

    16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.

    16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • As you have appealed this invoice and they have rejected your entirely valid appeal its time to cost them some money. Insist on a popla appeal number, it will cost them £27.00+vat, if they give it to you your appeal will certainly be accepted by popla. If they refuse to give one then tell them to take a long walk off a short pier.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Many thanks for all your replies so far. It is very worrying when they are threatening to take my mother in law and parents to court.
  • JIreland
    JIreland Posts: 47 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    They haven't a leg to stand on. you'll get lots of official looking letters with increasingly stronger wording.
    File them in the bin & think no more about it.
  • Trebor16
    Trebor16 Posts: 3,061 Forumite
    Many thanks for all your replies so far. It is very worrying when they are threatening to take my mother in law and parents to court.

    It is rare they take people to court, they relying on scaring decent people with their official looking tickets, but they have no legal power to issue any form of financial penalty. All they can claim for is any losses they incurred and if it was a free car park with no charges then they have lost nothing.

    Stand firm and just ignore any further letters ffrom the parking company.
    "You should know not to believe everything in media & polls by now !"


    John539 2-12-14 Post 15030
  • This could be seen as a case where its better for the op to say he was the driver then his parents will not be involved, he can then ignore or appeal to suit him. They are out of the loop so won't get worried.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 February 2013 at 1:43PM
    This could be seen as a case where its better for the op to say he was the driver then his parents will not be involved, he can then ignore or appeal to suit him. They are out of the loop so won't get worried.



    Yep the OP should say he was driving but that the Blue Badge was displayed and it's a mobility car too as the tax disc shows. Or if he prefers not to say he was driving, at least appeal using his own address (not the parents) and say he's representing them as they are vulnerable/elderly and any further letters to their address over this WILL NOT be tolerated and will be considered harassment.
    Many thanks for all your replies so far. It is very worrying when they are threatening to take my mother in law and parents to court.

    See this post I just made, and be proactive with your complaint to the retail park and your appeal to POPLA:

    https://forums.moneysavingexpert.com/discussion/comment/59197073#Comment_59197073

    Similar situation complained about Glamorgan Retail Park, this worked:

    https://forums.moneysavingexpert.com/discussion/4244645

    HTH, take this on yourself (say you were driving or say you are respresenting your parents - either way use your address from now on for POPLA and the Retail Park).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The Daily mail would have your arm off for this story;
    Supermarket Jobsworth warden says "your not disabled enough".
    Picture of her in the wheelchair getting out of the mobility car and at home getting care.
    They would crucify the supermarket.
    Be happy...;)
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