Asda / Smart Parking / Blue Badge

salablu

Hello All

Have read a lot of the comments on here but have a rather unique situation that I wondered people could help with please.

My mother received "the letter" from Smart Parking for staying over the allocated 3 hours (It was 4 and change in total) last Saturday in an Asda car park.

There was nothing left on the windscreen.

During this time the car was parked in a non-disabled bay but clearly showing a valid blue badge. My brother who was with her is severely disabled.

They bought shopping from Asda but also went for lunch in a nearby restaurant, hence the overstay. We also have receipt to prove this.

I understood that blue badge holders were expect from the time limit but popping back to the Asda last night, I noticed the parking signs say you have to "register your car at reception". I am almost certain this has been changed recently and that previously it said "blue badge holders exempt"

As it stands, I can see two options:

1) Go to Asda and ask to speak to the Manager
2) Contest via the Smart Parking website and state that a blue badge was displayed for the entire time

I am unsure what the best approach is. Option 2 could mean I am admitting my mum was the driver and stayed over.

Is it even worth opening this dialogue or should I go to Asda first?

I was thinking of saying to the Manager about going to our local Disability charity for support, going to the local paper, complaining to their head office, complaining to anyone that will listen...

Any and all thoughts appreciated.

Thanks all

halibut2209

Definitely approach the manager first and register you utter disbelief and irritation at how they are letting people harrass people spending money in their store in good faith, and that other supermarkets are available.

Others will be along shortly to advise you on how to deal with the scammers themselves

But one thing you will NOT be doing is parting with any of your money

The_Slithy_Tove

Asda first. It doesn't matter all that much admitting overstaying. Insist it is cancelled, and remind them of the Equalities Act, and that they must make reasonable adjustment for your brother's disability in allowing more time. Make it their problem, you don't want to be having to deal with Smart.

The Asda manger will probably try to claim it's not their car park, and nothing to do with them. That would be a big, fat LIE, so don't let them try it on with you. Make sure they cancel the ticket and also make sure the car never receives an overstay charge again. Once again it is THEIR problem for allowing scammers like Smart in, who are not able to distinguish from their ANPR which cars are allowed to be there longer.

pogofish

salablu wrote: »

Have read a lot of the comments on here but have a rather unique situation that I wondered people could help with please.


During this time the car was parked in a non-disabled bay but clearly showing a valid blue badge. My brother who was with her is severely disabled.

What are you on about? There is absolutely nothing unique about your situation!

The Blue Badge scheme does not apply on private property, so displaying it has no bearing here. Its the Equality Act that applies and he is entitled to an accessible space whatever.

Your first action is to inform the store manager of his disability. Once informed, the store will be obliged to make the appropriate reasonable adjustment and get the ticket cancelled. If they don't, then you need to take it to POPLA, where you will win, or involve the EHRC over ASDA's discrimination.

nigelbb

This is a clear breach of the Code of Practice of British Parking Association Ltd

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.

Under the Equality Act landowners must always provide a concession that allows parking for disabled people so this clause will always apply. If a Blue Badge is displayed they must not issue a parking charge notice.

Smart Parking or whatever they are called this month are members of BPA Ltd so you should complain to them & to Asda.

BTW This just illustrates how CCTV systems that log car registration numbers are no substitute for the boots on the ground of a parking attendant. The very act of sending a letter like this to a Blue Badge holder is harassment & a breach of the Equality Act. Having an opt out of harassment by signing up on a 'white list' doesn't cut it.

salablu

Thank you all for the feedback - very insightful. Have been reading the BPA code of practice and found a few bits, which is interesting.

@nigelbb - have also sent you PM about one of your points, hope that is okay.

@pogofish - I merely meant unique that I couldn't find a similar story on this forum, perhaps didn't look hard enough.

Approaching the manager does seem to be a good starting point, it would seem.

I wonder - does Asda own the land it provides parking on? Or does it rent from the council. I ask because the wording seems to say landowners (inferring only if the "own" the land) or just by it being "rented" does it become private land?

Lastly, from what I have gleaned, the onus is on them to prove that the badge was not showing. Therefore they can't say there is no proof it was displayed. Does that seem correct?

Stroma

If smart parking are infesting the car park then its almost certain they , or more precisely a subsidiary of Walmart (who own asda) are the landowner.

salablu

Stroma wrote: »

If smart parking are infesting the car park then its almost certain they , or more precisely a subsidiary of Walmart (who own asda) are the landowner.

Okay, thank you.

In fact, in a separate thread on another forum, I found that Asda have in fact recently changed their signs:

I can't post the link yet because I am a new member but it's on Pepipoo.com - (their URL)/index.php?showtopic=79746

It certainly seems to say about it being private land - so I will be printing and taking the BPA Code of Conduct with me.

Any other thoughts or similar experiences welcome!

The_Slithy_Tove

salablu wrote: »

Any other thoughts or similar experiences welcome!

Just use the search facility (top right) using "ASDA disabled PCN", and you'll find loads and loads of similar experiences.

pogofish

salablu wrote: »

@pogofish - I merely meant unique that I couldn't find a similar story on this forum, perhaps didn't look hard enough.


I wonder - does Asda own the land it provides parking on?

Lastly, from what I have gleaned, the onus is on them to prove that the badge was not showing. Therefore they can't say there is no proof it was displayed. Does that seem correct?

There must be hundreds of identical stories! :eek:

Yes, it is quite common for stores to rent, with the infrastructure managed by someone else. This makes no difference to your situation as the store is jointly and severally liable with with the PPC for an Equality Act breach and as most PPCs are slippery customers, a store is much easier to hold to rights.

No, the do not have to "prove" anything - Blue Badges have no validity whatsoever on private property, despite the shonky claims/"contracts" of the PPCs. Double check the handbook that came with your brother's badge, or the issuing authority website where this is made quite clear.

Coupon-mad

Here's a non-disabled but fake PCN case on pepipoo where I suggested a complaint to Asda Executive relations (Jonathan Bottomley):

http://forums.pepipoo.com/index.php?showtopic=79646

and here's a complaint I wrote for Aldi about a disabled 'overstay' fake PCN:

http://forums.pepipoo.com/index.php?showtopic=79515&st=0

My posts on pepipoo show my username as SchoolRunMum. Your brother's driver is allowed extra time to park under the Equality Act 2010 and this legal right isn't suddenly removed if Asda haven't bothered to draw the car registration thing to a driver's attention (Asda's fault):

http://news.bbc.co.uk/1/hi/uk/8488737.stm

Print out that link and take it in to Asda with the fake parking ticket and copy of the Blue Badge speak only to the Store Manger. Only leave when it is cancelled and when the car registrations that transport your brother have been PERMANENTLY added to the store's white list of exempt numberplates.