Query about disabled bay parking fine Asda

atilla

HO87 wrote: »

Correct. I have been waiting patiently for them to stick their snouts over the parapet as far as court action is concerned but have been diasppointed so far. Frankly, with the information their antipodean parent company has disclosed to shareholders over the last few years - like, wanting to ensure that their PCN's match "market rates" (which utterly destroys the GPEOL argument as far as they are concerned) they'd be up something of a gum tree.

Try as i might, i can't get them to take the bait either.
averaging around 3 tickets a week and they won't even give me a go at Popla.

Iceweasel

The public at large really do need educating on who can use the disabled parking in non-council car parks.

The problem is the wording - the signs usually say something like 'Parking for Blue Badge Holders' - it would be better if they said 'Parking for Disabled Persons.'

I have had hassle from passers by when using a Disabled Bay without a Blue Badge. I am fed up having to explain myself.

Due to arthritis I have extreme difficulty in entering or exiting my car in a standard bay as I cannot get the door opened wide enough because of the narrowness of most of the normal bays. I'm over 65 and also need to use a walking stick.

I have no problem parking in the street where I can get the door open fully - so I pay and display like anyone else, it's only at supermarkets and such where I have difficulty.

I have enquired of my GP but he is not prepared to sanction a Blue Badge application as apparently I am not disabled enough.

If you check the gov.uk site the qualifying conditions are that either you are either unable to walk or are virtually unable to walk.

https://bluebadge.direct.gov.uk/directgovapply.html

As I live in Scotland I couldn't care less about the occasional stupid PCN letter that arrives - but I really feel for others with similar problems to mine who live in England or Wales.

David_e

Iceweasel wrote: »

I have had hassle from passers by when using a Disabled Bay without a Blue Badge. I am fed up having to explain myself.

I'm delighted that there are people who care enough to raise the matter.

Iceweasel wrote: »

I have enquired of my GP but he is not prepared to sanction a Blue Badge application as apparently I am not disabled enough.

I didn't realise GPs were still involved. Maybe a Scotland thing; they aren't in England.

http://www.telegraph.co.uk/motoring/news/8323091/GPs-no-longer-allowed-to-issue-Blue-Badges.html

They are given out like Smarties round here. At least 50% of badge users you see (and excluding those blatantly using someone else's) have absolutely no visible sign of a mobility problem. If the test is "[FONT=&quot]a permanent and substantial disability which means that I am [unable or] virtually unable to walk[/FONT]" then I don't see how it could not be apparent.

ColliesCarer

@ Andyt1981 and David_e

What is this - "Take a snipe at Disabled People Day"!

This thread was started by someone seeking help from the forum - not as a vehicle for people who I have to say seem rather judgemental about complete strangers whose medical conditions they cannot possibly know anything about.

If you want to engage in pontification about Blue Badges start your own thread - And show some respect to the OP who doesn't need to have to wade through your bigoted opinions to have to find the advice he came for.

Andyt1981

ColliesCarer wrote: »

@ Andyt1981 and David_e

What is this - "Take a snipe at Disabled People Day"!

This thread was started by someone seeking help from the forum - not as a vehicle for people who I have to say seem rather judgemental about complete strangers whose medical conditions they cannot possibly know anything about.

If you want to engage in pontification about Blue Badges start your own thread - And show some respect to the OP who doesn't need to have to wade through your bigoted opinions to have to find the advice he came for.

This is getting out of hand. My original comment was about selfish able bodied people using disabled spaces. I realise this doesn't apply to the OP's driver.

I don't think this is bigoted.

I will now resist the temptation the feed the trolls.

To the OP - good luck fighting the ticket. What a shame the warden didn't use some common sense instead of issuing a ticket.

Iceweasel

David_e wrote: »

I didn't realise GPs were still involved. Maybe a Scotland thing; they aren't in England.

http://www.telegraph.co.uk/motoring/news/8323091/GPs-no-longer-allowed-to-issue-Blue-Badges.html

Thanks for that - I last made enquiries over 3 years ago - so the system has changed. perhaps in Scotland too.

I will try again, but I feel that if the criteria is walking ability, then I will get nothing, as once out of the car I can manage fine with a stick. No way am I 'virtually unable to walk', thankfully - and I'm not going to pretend otherwise.

As far as I can see the entitlement is purely on ability to walk - nothing else.

There are lots of folks much more deserving of a Blue Badge than I am, but your comments about handing them out like Smarties is annoying if people are seen to be walking apparently without difficulty.

MothballsWallet

ColliesCarer wrote: »

@ Andyt1981 and David_e

What is this - "Take a snipe at Disabled People Day"!

Also known as "Worship PPCs Day" or "Worship HM Government Day"

Guys_Dad

I have said this before but it may be worth repeating.

There are 2 distinct issues here.

1. Provision of parking spaces for disabled drivers.

2. Breaking the t&c of a PPC.

And, regrettably, one involves contract law and the other Equality.

Taking the second case first, any PPC can put up whatever parking restrictions it likes on specific parking spaces (No red cars in these spaces; No SUVs allowed, Smart cars may park free for ever etc etc)

If you break the relevant t&c, the PPC may pursue you for a payment and, if you broke the relevant t&c and appealed on the point that it was nonsense (and nothing else), POPLA would decide against you as "you broke the contract t&c".

The point - about Equality legislation - is another one indeed and it is up to the motorist to pursue this not in a parking court, but in an equality action. For example, any foreign disabled person visiting this country would clearly not have a Blue Badge. If they were ticketed, then not only is Equality legislation being broken, but Racial discrimination as well.

I can't wait till I read of a MSE member who hits a supermarket or any other shop owner with a claim based on the fact that they are not a UK resident but disabled and unless the shop settles their claim for the parking charge plus damages/compensation, they will take the shop to court based on Equality and Racial legislation with full publicity in the local paper.

So, the argument about a PPC failing to adhere to Equality legislation is a waste of time unless it reaches the court stage, and at that point a parallel action needs to be started against the landowner where the amount claimed will dwarf the PPC charge.

"I was taking my severely disabled Lithuanian uncle to the supermarket and was ticketed because, as he was only visiting Britain, he didn't have a Blue Badge... Not our problem, says local supermarket manager"

Or, I suggest, the threat of such an action against the landowner with threat of newspaper action just might get the recalcitrant landowner to tell the PPC to make it all go away.

Iceweasel

Guy's Dad - Thank you for putting this across in the most brilliant post/comment I've ever read on the subject of disabled persons parking.

Stroma

The only problem with that guy is the foreign visitor will not be able to use the small claims as they live out of jurisdiction of the small claims. And are likely not to have an England or Wales address for service.