Smart Parking, non display of Blue Badge, ASDA

Macmoonstar

Hello all. I have read page after page on here but the more I study the more confused I become, time and law changes.

My problem is this. My father went to ASDA as normal Sat 8th Feb. He parked in the disabled bay as normal as he has severe problems. He has a Blue Badge which he placed on the windscreen but then must have knocked it off on his way out the car. On return to the vehicle he had been left a PCN for non display of a blue badge. He looked for the attendant who was not to be found. He came home in tears and shaking. My girlfriend returned to the store with him the same day. Customer services informed them it was nothing to do with the Store and were very condescending and downright rude, after asking to speak to a manager they were passed to two other people who they thought was the manager as thats who they had asked to speak to and was eventually told the manager was in a meeting, the 'deputy' manager just kept saying over and over pay the fine or appeal as it is perfectly legal to be issued a ticket, My girlfriend pointed out to the deputy manager the stress this has caused my Dad as he has severe disabilities and is a pensioner but he just kept repeating with a smarmy grin and tone, nothing to do with us, she pointed out he parked there to go in their shop to get groceries but they were getting nowhere as the 2 supposed managers and the customer service girl were just being rude and refusing to give their names as they said they don't have to for data protection

My Dad who like I say has severe disabilities and is a pensioner is now so stressed he has talked of parking further up the car park in a non disabled bay as he is terrified the same happens again with his badge so he is now giving himself extra stress and more pain than he needs.

He can ill afford the "fine" or the threat to double this.
I contacted the store manager last night asking him to try to resolve this matter as he is a disabled infirm Asda customer. I mentioned the Equality Act 2010. As yet I have received no reply and do not expect one.

Any help or pointer with this would be gratefully received as it is really affecting him and I feel the man has enough on his plate without this form of bullying.
Thank you in advance for any help you may pass on too me,

Aaron_Aadvark

A blue badge has no legal standing on private land. It is only relevant on streets and council operated car parks.

The Equality Act 2010 does however apply.

The Equality Act defines disability in S6.
"A person (P) has a disability if-
(a) P has a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities."

Service providers (including Asda) are required to provide "reasonable adjustments" for disabled people, such as providing parking bays near shops.

It is not permitted to harass a disabled person.

In any event in is NOT a "fine".

Wait for the Notice to Keeper in the post and complain to the Manager. Do not pay or contact Smart Parking.

Macmoonstar

Thank you for the reply. I have read this to my Father and I think he now understand a little better.
I will wait for the Notice to Keeper to arrive and then do as you advise.
Thank you for taking the time to reply, it means a lot to me and my Dad.

ezerscrooge

Whilst waiting for your Notice to Keeper, get a complaint into ASDA head office about the way you have been treated.

Remind them about the Equality Act and that the store manager needs retraining. ASDA can cancel these.

wiogs

Was this in England/Wales and not Scotland?

Macmoonstar

Thank you will write the letter now to Leeds. This was England.

Coupon-mad

Have you rad the 'NEWBIES PLEASE READ THESE FAQs FIRST!' thread near the top which would have answered your questions and shows you how to appeal (online to Smart) when the NTK arrives:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Please read it now and also be aware that Smart normally cancel nice and early (no need for POPLA) when you submit a good appeal!

Macmoonstar

Hi, I have been reading the "newbie" posts and most everything else. I know it must be a pain when someone like me comes along time and time again. For this I apologize. I dont seem to find a case that exactly matches tho. I was up until 3am this morning reading and it is very confusing for me. In desperation I finally posted here as I can see my Father getting more and more agitated with my short comings in this area. I did just read the link again but I must be missing something. Thanks for the tip, I will keep on reading.

Half_way

There are a few different ways of dealing with this, depending on how you want things to proceed:

1; make it go away with the minimum of fuss - for this you will need to go mostly via ASDA reminding them of their obligations under the equalities act, and that they have no authority to issue fines or penalties ( either directly from ASDA or by the actions of their agents)

2: Soft appeal to the parking company and then win at POPLA

3: Fight the !!!!!!s and have ASDA for a breach of the equalities act.

more in a moment ( if necessary )

Redx

Macmoonstar wrote: »

Hi, I have been reading the "newbie" posts and most everything else. I know it must be a pain when someone like me comes along time and time again. For this I apologize. I dont seem to find a case that exactly matches tho. I was up until 3am this morning reading and it is very confusing for me. In desperation I finally posted here as I can see my Father getting more and more agitated with my short comings in this area. I did just read the link again but I must be missing something. Thanks for the tip, I will keep on reading.

part of the problem here is that people try to find something similar to "their story" and often you may not find a similar case

generally the "story" is of little consequence, what is needed is to find out what the PPC are alleging and why, then head them off at the pass with well constructed appeals, which if its a popla appeal beats them on legalities and rarely on "what has happened"

this explains it https://forums.moneysavingexpert.com/discussion/4835943

atilla

On the complaint to Asda, emphasise the issue of not being given the names of the people dealing with you.
Reason being, it is a Head Office directive that ALL colleagues MUST display their name badge at all times when on the shop floor. In fact, there is usually a sign above the doors leading to the shop floor stating "Do not enter shop floor without name badge" (or words to that effect).

Additionally, perhaps a return to the car park in question to check the signage. No mention of the Council then it has everything to do with Asda.