Smart parking

orvs

I received a parking charge notice yesterday from smart parking when I parked in a bay ASDA.


The car park was completely full including cars parked in yellow lined areas. The only spaces were in the disable zone, of which there were 7 and all were empty. So I parked in there knowing that I would only be 5 minutes at most in the store. There was sufficient empty spaces should a disabled space be needed.


I was out of the store 4 minutes later and the attendant had already issued the £70 notice charge.


Should I pay it?


Any advice would be appreciated.


Had there been other parking available then I would have parked there, but there were 6 additional disabled spaces available!


Aghhh

Redx

just follow the flow chart and advice in the newbies sticky thread at the top of the forum , waiting for the NTK and then appealing it in the usual manner

for future info - those disabled spaces are provided BY LAW under the EA 2010 for qualifying disabled users to park there, so as you do not have a disability then parking there is not an option, because under the law you have no exemption , no matter how many spaces are available - hope that clarifies it

Fruitcake

All the information you need is in the stricky thread for Newbies at the top of the page you seem to have overlooked.

However, I do not condone any able bodied person abusing the use of disabled parking bays.

orvs

For clarity, under The Equality Act 2010, I do have a disability, just not one that qualifies for a blue badge.

Fruitcake

orvs wrote: »

For clarity, under The Equality Act 2010, I do have a disability, just not one that qualifies for a blue badge.

My apologies, I should not have implied that you were not entitled to use a disabled bay.

In answer to your original question, NO, you should not pay. You have received a fake unenforceable speculative invoice. It is not a fine or a penalty but you do need to fight this. Don't reveal who was driving either no matter what you are told to the contrary. Word everything along the lines of, "the driver did this ...".

Blue Badges are not the only indicator of a disability, and in any case do not apply to private land. Once ASDA and the parking company have been made aware of this, they should immediately cancel the charge. Unfortunately they probably won't thus forcing you down the POPLA appeals process, which you will win with the help of the volunteers here. They have a 100% success rate provided you follow the advice given.

Umkomaas

orvs wrote: »

For clarity, under The Equality Act 2010, I do have a disability, just not one that qualifies for a blue badge.

Well, that's the point you make clearly (and loudly) when you go into the store and complain to the manager, particularly emphasising your protected characteristics under the EA 2010, and suggest they make urgent contact with Smart and get this ticket cancelled before ASDA and Smart are in deeper problems if you sue under EA.

If this proves fruitless you wait until the NtK is received (29 - 56 days after the parking event) and then follow the appeals procedure detailed in the NEWBIES sticky.

ezerscrooge

And do make your complaint loudly to ASDA head office - others on this forum have received a formal apology and a £15 gift voucher.

There is nothing stopping Smart Parking/ASDA from announcing the registration number in store to verify the persons legitimacy for using a disabled space.

Smart Parking and ASDA seem to be heading along the public relations disaster as Parking Eye and the Range.

Redx

ezerscrooge wrote: »

And do make your complaint loudly to ASDA head office - others on this forum have received a formal apology and a £15 gift voucher.

There is nothing stopping Smart Parking/ASDA from announcing the registration number in store to verify the persons legitimacy for using a disabled space.

Smart Parking and ASDA seem to be heading along the public relations disaster as Parking Eye and the Range.

I agree

if they qualify under the EA 2010 (like I do) then a BB is not a requirement of being a "protected person" and they are discriminating against this person by insisting on the BB being shown , so I would do as mentioned above and complain strongly , threaten action under the EA 2010 and demand your reg is put on a "whitelist" so it doesnt happen again

they provide these spaces by law, but the BB isnt relevant on private land so take them to task over it

Dublindel

Out of 105 appeals to town and city parking, now Smart Parking. Only one was paid, the very first one. Hope that tells a story for you.