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ASDA carparking
Comments
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I ACTUALLY raising small claims court actions.
Around a dozen noted cases at tops out of how many fake tickets issued ?
How many have they actually won that have been defended correctly.
Is this an increase on numbers they win ?
People are starting to inadvertently BIG UP these parking scammers on here.
They are scam merchants, they attempt to charge illegal contractual penalties and nothing has changed legally.
An illegal contractual penalty is still and illegal contractual penalty and case law dictates this.Be happy...;)0 -
Whilst i sympathise regarding your husband,i am a blue badge holder and often have to park in normal spaces because non badge holders use the disabled spaces.Could you not drop him at the door and park up?.
As much as I sympathise with you both and accept its inconvenient for you if someone got there first, if it is being used genuinely as the visitor has additional needs as is the case with op, I don't think it can be frowned up on because the party there first doesn't have a blue badge. Let alone suggest he's dropped off at the entrance - if the space isn't available is there a reason your party can't do that?!0 -
As much as I sympathise with you both and accept its inconvenient for you if someone got there first, if it is being used genuinely as the visitor has additional needs as is the case with op, I don't think it can be frowned up on because the party there first doesn't have a blue badge. Let alone suggest he's dropped off at the entrance - if the space isn't available is there a reason your party can't do that?!
Because how does the driver drop themselves off at the entrance before parking somewhere else? Or should blue badge holders bring someone along to park for them?0 -
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I parked in a disabled bay in asda carpark in inverness.
I do not have a blue badge but my husband has recently had a knee replacement operation and has to have the car door open fully to get in and out of the car, which is not possible in an ordinary car parking space.
I got a ticket from smart parking ltd. What should I do
If your OH has just had his knee replaced, then I'd guess he has been suffering for much longer than the year needed to be considered legally disabled under the Equalities Act, or has been diagnosed within a year with a condition that is covered by it? - I'm still waiting for joint surgery more than two years after that milestone passed!
This is important because it is the Equality Act that regulates disabled parking on private land, not the Blue Badge regs - which only apply on-street and for public regulated parking. Which is not the case with a fake Smart ticket and also rules-out the Scottish DPPPA being in force here.
You have two choices now - As POFA does not apply in Scotland and NI, you have no appeals process and no keeper liability. So not entering into any contact with Smart and totally ignoring the ticket and all the threatening letters they are going to send the RK is quite viable. You will find examples of these letters in the Parking Forum stickies so you know what to expect.
Or, you can approach the store management, citing the Equality Act and insist that they get the ticket cancelled on your behalf, because once informed of a disability, they have to make reasonable adjustments under the Act or they are in the do-do too as they can be held jointly and severally liable for Smart's breach.
And yes, the Parking Forum would have been a better place to post this! 0 -
Whilst i sympathise regarding your husband,i am a blue badge holder and often have to park in normal spaces because non badge holders use the disabled spaces.Could you not drop him at the door and park up?.
The Blue Badge scheme does not apply on private property! Go and read the handbook that came with your badge or the issuers website - This will be made quite clear on both!0 -
smashingyour... wrote: »Read it again as the OP isn't disabled.
Other than as a result of sudden trauma, all the conditions I can think-of that warrant a knee replacement are considered disabillities. And anyone so diagnosed would also be considered disabled under the act from the moment of diagnosis until recovery from surgery .
A Blue Badge is not any proof of disabillity all by itself!0 -
smashingyour... wrote: »Read it again as the OP isn't disabled.
So the same should apply to all those who have a blue badge for a family member who doesn't drive?
Whilst I have every sympathy for those who have blue badges and can't find a space, I'm sorry, but disabled space on private land have absolutely no relevance to the blue badge scheme and if I had temporary mobility issues due to surgery etc then I would have no qualms about using them.
What makes you long term disability any more relevant than my short term one on that particular day?
As for the OP, go ask on the parking ticket forum, you will get proper advice from the experts, not out of date advice from people who don't keep up with the current situations.
DO NOT IGNORE without getting proper UP TO DATE advice! But saying that, by following the correct advice you won't have to pay.
Edit: LOL cross posted with a few people, I have to learn to type quicker!0 -
Inverness is in Scotland!
Sorry. I missed that in the OP. (It was written as inverness so the place name didn't scan). In which case Ignore is still the correct advice.
(I DID clarify my earlier post however by stating England and Wales. At that point I was unaware - as in I missed it in the OP - that it was Scotland.
Ignoring in England and Wales is still an optional method to follow, but WHY do that when [according to the Parking board] there is a 100% chance of making it go away whilst also sticking 2 fingers up to the parking companies, and for very little effort?)0
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