Yay! Smart Parking - Equalities Act? - CANCELLED

halibut2209

So, got a fake charge from Smart Parking for allegedly overstaying in an ASDA car park. This is a case of double dipping as I had to go back to pick up a prescription for our disabled son.

So my plan is to get a POPLA code, then use this as a single appeal point, citing the Equalities Act (help from Coupon Mad would be appreciated at that point!)

Any thoughts on the quickest way to get a POPLA code from these scammers? I know that some companies are reluctant to give them out!

Herzlos

Where does the equalities act fit it here? Were you using a blue badge as your son was with you?

Not that you shouldn't appeal, there are plenty of other things to contend; you were double dipped, the charge is a penalty and unenforceable, etc.

I'd take it into ADSA first with your receipts from both trips and demand they cancel it (they can). If that fails, I'd write to Smart Parking to claim they double dipped (which they'll deny) and then take it to POPLA.

halibut2209

Blue badge is irrelevant (not that I used a disabled bay). ASDA have a legal obligation to make appropriate provisions for the disabled. I would argue that by offering a prescription service, this falls right into that.

kirkbyinfurnesslad_2

Halibutt just appeal on something very simple such as u didn't see the signs

Umkomaas

halibut2209 wrote: »

So, got a fake charge from Smart Parking for allegedly overstaying in an ASDA car park. This is a case of double dipping as I had to go back to pick up a prescription for our disabled son.

So my plan is to get a POPLA code, then use this as a single appeal point, citing the Equalities Act (help from Coupon Mad would be appreciated at that point!)

Any thoughts on the quickest way to get a POPLA code from these scammers? I know that some companies are reluctant to give them out!

Soft appeal, giving mitigating circumstances like had to go back for prescription (no more details about for who - they've no entitlement to know).

Ask for their understanding, you never meant to break their rules and hope they can spare you on this occasion, you're law abiding and promise not to do it again. If they can't is there anyone higher you can appeal to who might be able to help - please.

Wouldn't mention double-dipping. Make it look like you're a soft touch, wet behind the ears type who will totally botch up a POPLA appeal.

They'll fall over themselves sending you the code.

Hovite_2

I thought Blue Badges allowed for the pick up of medicines for disabled people even if they aren't present ?

wiogs

Would a blue badge not be irrelevant in this case anyway?

Private car park and all that.

Hovite_2

wiogs wrote: »

Would a blue badge not be irrelevant in this case anyway?

Private car park and all that.

Yes, I agree but I guess was just using the fact that PPCs believe they have some sort of bearing on private parking.

halibut2209

Soft appeal sent. Just said that there must be a mistake as we visited twice and asked them to cancel the charge or provide the info of the IAS

Another question related to this. Who would be "liable" if 1 person dropped off the prescription, and another person picked it up?

Stroma

I will keep an eye on this one because its a point in law the Equality Act 2010 (correct name) has provisions in it that ensures people with disabilities are not disadvantaged.

I like the appeal point though as it can be used in popla, and what I mean by that is it's not completely different to the Equality Act defence, it's a warning to them that the person could be disabled, so lets see if they pick up on it and cancel.

Wonder if they clock this forum and see this and cancel?

FatAndy

This has got to be worth a call to the local paper. "Asda fined me for picking up my disabled son's medicene!". A bit of negative publicity would be a bitter pill for Asda to swallow.