Smart parking fine - slightly different this one!

JakeElwood

Hi
THis is slightly different as I think I am bang to rights, however I received a Parking Charge Notice from Smart Parking Ltd, (also trading as Town and City Parking) after parking in an ASDA car park.
We have use of a disabled badge for my young daughter, this was on display and parked in a disabled bay. However we were over the limit of three hours, by 20 minutes.
I have no problem paying the £40 due to this and I am not trying to wriggle out of anything. What I do not want to do is to pay a fine to someone who is not legally entitled to impose that fine on me
As I have read countless times on this forum the best idea is to simply bin it but my wife was a bit worried. Googling this company throws all sorts of threads from MSE and Peppipo etc saying exactly the same thing, but due to the fact we were over three hours this is different.
So are is this company still entitled to set this arbitrary limit and then invoice people who stray over it. If I am bang to rights then I will pay.
Many thanks!
Jake

spacey2012

You either want to pay it or you do not.
Make Decision, it is a Two horse race
Fight or pay.

If you want to fight this is the place, if you want to pay the details are on the ticket.
So get your hat in the ring one way or the other.

HappyMJ

It isn't a fine....it's a parking charge notice...an invoice.

You don't have to pay it. you can lodge an appeal with the parking company and then once that fails then lodge an appeal with POPLA. If that were to fail then they would have to take you to court to get any money from you then you can present your case to the court and you will most likely win.

You do not need a blue badge to park in a disabled bay on private land.

The time limits are arbitrary. If you exceed them you are liable for the actual losses incurred by the property owner. In a free car park this is nothing.

Aaron_Aadvark

Your case is not any different to the many thousands on here and on Pepipoo.

A private company cannot fine you.

If you had a disabled person with you then the store is required to make reasonable adjustments fot that person. This may include extra time.

The consensus is that you should appeal to the parking company without naming the driver using a template appeal.

Following their rejection appeal to POPLA which will cost the parking company £27. Likely grounds for winning are available on this site.

In the unlikely event that you loose you still do not need to pay unless you are sued in the County Court. Very few cases have been there.

In the meantime, complain to the retailer that they are harassing a disabled person.

HO87

@OP

Coupon_Mad is the resident expert on Equality Act issues and she'll be along later I'm sure.

My take is essentially that of Aaron Aardvark's. The store is obliged by virtue of its duties under the EA to make reasonable adjustments to allow a disabled person to make use of their facilities. This includes allowing them more time to complete their shopping etc. To suggest that they were unaware of the fact that your daughter (or someone aboard the vehicle) was not potentially entitled to a "reasonable adjustment" is plain old hokum. You were properly displaying a BB. One might think that a reasonable store might have made some enquiries of you first before issuing a speculative invoice.

My suggestion is that you make a strong appeal to *Smart Parking* and simultaneously complain about the harassment they are subjecting you to direct to Asda. Coupon_Mad, I'm sure, will be able to assist you with better wording than I could offer.

Don't walk yourself into believing that you have done something wrong simply because someone has accused you of doing it. No private individual nor company has the right to fine you. As already said above this is not a fine simply a speculative invoice inviting you to settle what the company assert was a breach of contract. Implicit in any contract they may aver you have entered into with them is an expectation of reasonableness and lawful action. To ignore their obligations under the Equality Act is as much a breach of trust as anything you may or may not have done in good faith. Don't let them sit on you!

The_Slithy_Tove

As well as all the good advice above, you could start by going back to ASDA (only if convenient), seeing the store manager (the real manager, not the customer services person on the desk), and insisting he cancels the ticket. Do not get fobbed off by the "it's not out car park" line they tent to spin you - it IS their car park, they are responsible for the actions of (not so) Smart, and they CAN get this cancelled.

JakeElwood

Many thanks for your advice so far. Much appreciated.
However I cannot deny that once we finished our shopping in Asda then we did not return to the car straight away, thinking that we would be within the 'time limit'. Obviously we were not hence the 'invoice'
Secondly, on the second part of the badge, the white card where you spin to show your arrival time, it clearly states a max of three hours on that actual card.
This is why I believe I should pay, but again only if they are legally entitled to demand payment, rather than merely sending a speculative letter. I hope that makes sense?
Kind Regards
Jake.

Stroma

The only bang to rights in this case is that Smart Parking and Asda are in breach of the Equality Act 2010, smart parking have signed up to the BPA Code of Practice which states:

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.

So with one on display you have an unlimited amount of time to use the car park. But correctly stated above you don't need a blue badge on private land, please read the handbook it came with. So go back to Asda and speak to the store manager only, show him/her your receipt and blue badge and demand that its cancelled.

Browntoa

as explained , you should not pay.....they are not legally entitled to anything

Aaron_Aadvark

Jake

You sound as if you want to pay. If you do then we cannot stop you.

You also owe me £50 for reading my posts. Please pm your e-mail address.

I also know somebody in Nigera whose friend's cousin was the Minister for Oil and has some bribes he needs help laundering. If sure if you send him a smallish fee he will be willing to share the proceeds.

HappyMJ

JakeElwood wrote: »

Many thanks for your advice so far. Much appreciated.
However I cannot deny that once we finished our shopping in Asda then we did not return to the car straight away, thinking that we would be within the 'time limit'. Obviously we were not hence the 'invoice'
Secondly, on the second part of the badge, the white card where you spin to show your arrival time, it clearly states a max of three hours on that actual card.
This is why I believe I should pay, but again only if they are legally entitled to demand payment, rather than merely sending a speculative letter. I hope that makes sense?
Kind Regards
Jake.

Anybody is legally entitled to "ask" for payment from you for whatever they want to ask for. Demand though is a strong word. A county court bailiff or a high court enforcement officer could demand that you give them money or they will take your belongings away. A bailiff could be instructed if you lose a court case and refuse to pay the CCJ.

It is a speculative invoice. If you don't want to write letters and respond to the letters you get then the easy way out is to pay them what they want.