Asda / Smart Parking / Blue Badge

Stroma

I agree , you are not looking immediately to do anything (you have 6 years) , but if you took them there it would cost them hundreds or even thousands to defend it. All for a lousy 3rd party who have given you an unlawful penalty charge

salablu

Okay - point taken. Thank you all.

Is anyone aware of the specific section of the Equality Act they are breaking? I guess I would need to cite this including actual wording?

I started to look on the official website (legislation.gov.uk) but couldn't find anything relevant. Perhaps I am looking in the wrong place?

I imagine I can also cite the 16.5 clause of the BPA as mentioned above.

bazster

I would't worry too much about the details. Basically the Equality Act 2010 requires them to make "reasonable adjustments" for disabled people - which includes allowing extra time. But they will know all about it, they'll have made lots of little adjustments inside their stores, but somehow it seems to have escaped them that they need to make adjustments in the car park too! And if they breach the Act they can be sued for injury to feelings.

atilla

bazster wrote: »

They're all null-and-void anyway. Free car park = no contract.

I know that.
But this particular shower are particularly inept lately. Must be an antipodean thing.

Coupon-mad

salablu wrote: »

Okay - point taken. Thank you all.

Is anyone aware of the specific section of the Equality Act they are breaking? I guess I would need to cite this including actual wording?

I started to look on the official website (legislation.gov.uk) but couldn't find anything relevant. Perhaps I am looking in the wrong place?

I imagine I can also cite the 16.5 clause of the BPA as mentioned above.

The 'reasonable adjustments' LEGAL DUTY of the Equality Act 2010.

As explained here by the BBC (and Asda were aware of that article as you can see at the bottom!) in 2010...even before the Equality Act was made law this was illegal!

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

You were never going to get anywhere with a Duty Manager, they are just a random person dragged off the clothing or meat Dept when a CS desk person needs help. Ring the number on the receipt and make an appointment to see the Store Manager or demand to speak to them, or for them to call you back (and insist on a promise as to approximately when, be businesslike and make it timebound!). Stand up during the call, be assertive and angry but icily polite.

Do not let this go, do not accept this unlawful harassment of a disabled person. Asda could be sued for damages for distress. Don't forget even if they cancel it you also require them to add the car reg number to a 'white (exempt) list' so this NEVER happens to this vulnerable customer ever again.

salablu

Hi All

Thanks for the input again. I've had manic couple of days so not had the chance to follow up but the update as follows:

* Head office person never got back to me. Typical!
* Have just rung the store to book appointment with Manager. Was told he is out and they don't have access to his diary at the moment. However, also told is working tomorrow and I should ring his extension direct to set up a time to discuss. I will do this first thing and see what he says. I am in two minds about doing it on the phone or actually going in - I suspect the latter is better.

If this fails - my next option is to write the letter to the Head Office and complaining.

Should I appeal the "ticket" on Smart Parking as well and send them copies of Blue Badge + receipt? If they are silly enough to reject, this would at least give me a POPLA number also to follow up.

How long does one typically have to appeal the ticket??

I don't want to lose this window and could not for the life of me find the information anywhere on the letter (which I imagine is done on purpose).

Guys_Dad

Get manager's name when you are in. If he says "Nowt to do with us,not our land".

Simply say that you will check it out with council and, if he is incorrect, you will report it to Head Office.

salablu

Guys_Dad wrote: »

Get manager's name when you are in. If he says "Nowt to do with us,not our land".

Simply say that you will check it out with council and, if he is incorrect, you will report it to Head Office.

Ah, yes - just to clarify, I know his name and now have his extension also. So, at least I have the direct line in. The question is whether he will listen and be reasonable or not.

In which case - I don't want to lose the appeal window to ensure I have POPLA code....

Guys_Dad

salablu wrote: »

Ah, yes - just to clarify, I know his name and now have his extension also. So, at least I have the direct line in. The question is whether he will listen and be reasonable or not.

In which case - I don't want to lose the appeal window to ensure I have POPLA code....

Just re-read POFA2012. Getting old - still can't see the section that says you can't make a POPLA appeal at the same time as you try to persuade ASDA managers to get the charge waived.

Coupon-mad

Your mother has 28 days from receipt of that letter, to challenge it.