Query about disabled bay parking fine Asda

Guys_Dad

Stroma wrote: »

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.

Quite. And what happens then? If they were driving their UK relative's car, PPC would claim keeper liability as "no serviceable address"

If able-bodied relative was driving and carrying the visitor as a passenger, PPC would be chasing them.

In both cases, it would be the UK relative that would be taking the initiative in raising an action to recover the parking charge and compensation, possible in joint names with relative.

As I wrote, this is something I would like to see as it is only hypothetical at present.

The main point of my post is the separation of parking contract alleged contravention and requirement of landowner to make reasonable adjustments.

Stroma

But a serviceable address is not defined under pofa 2012, if you look at the bpa twisted view of things, a serviceable address is only where pofa 2012 is in force. So in other words Scotland and NI is not serviceable.

da_rule

Technically any address is serviceable. The problem for service out of jurisdiction is the extra costs and time applying to the court for permission and then actually serving notice incurs.

HO87

da_rule wrote: »

Technically any address is serviceable. The problem for service out of jurisdiction is the extra costs and time applying to the court for permission and then actually serving notice incurs.

As said, the jurisdiction issue applies not to the domicile of one or other of the parties but to the location of the pleaded wrong. Therre is a degree of misunderstanding of this. It is perfectly possible for two parties each based outside the jurisdiction (England & Wales) to pursue a case within it provided that is where the act/omission took place.

If the Lithuanian gentleman wished to initiate proceedings then he is perfectly at liberty to do so. There is no rule whatsoever that limits the service of documents to anyone's home address and the said gent could use his relative's address (assuming that they are resident within the jurisidiction) for service - provided that the documents promptly came to his attention. No need for anything complicated and no need for out-of-jurisdiction service.

Iceweasel

Mercy me - someone will be suggesting clubbing together to fund a visit by a Lithuanian disabled person to undertake a tour of British supermarkets. LOL.

Count me in for a Fiver.

Guys_Dad

Iceweasel wrote: »

Mercy me - someone will be suggesting clubbing together to fund a visit by a Lithuanian disabled person to undertake a tour of British supermarkets. LOL.

Count me in for a Fiver.

...and a few litas from me too !!!

David_e

Iceweasel wrote: »

your comments about handing them out like Smarties is annoying if people are seen to be walking apparently without difficulty.

It's not a word of a lie. They can park up, exit their car and walk away at normal pace without a walking aid and not the slightest evidence of any difficulty.

Of course there are many people who do need them and, indeed, rely on them. There should also be a consistent approach to who is entitled

Geordie-hebs

Ok this is a genuine query...
My son is classed as disabled, he gets disability living allowance (high rate care, low rate mobility)
I have also recently been diagnosed as having a long term (no chance of any recovery) disability but not claimed and DLA/PIP yet
Does this mean under the disability equality act we can park in a disabled bay despite us not having a blue badge (yet)??

David_e

ColliesCarer wrote: »

@ Andyt1981 and David_e

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

No it's "read what I said in my post" day. The point I made was that people (around here certainly) are being "awarded" a disabled parking badge who do not meet either the prescribed, nor any other generally accepted, definition of disability.

If you want a totally "on topic" comment, I have no symapthy for people who get tickets for parking in disabled parking bays when they shouldn't. The "just using the cash machine" or "just getting some fags" or "just picking someone up" brigades are stopping disabled people using the spaces.

Bizarrely, people seem far less inclined to abuse the "parent & child" spaces.

David_e

Geordie-hebs wrote: »

Does this mean under the disability equality act we can park in a disabled bay despite us not having a blue badge (yet)??

Not sure what the connection is between the DDA and the Equality Act. The DDA used to be about treating disabled people less favourably on account of their disability so that wouldn't, on the face of it, allow anyone (disabled or otherwise) to use a reserved space without a blue badge. That is, the disabled (non-badge) and able-bodied are being treated the same.

Susequently (possibly additionally) the concept of "reasonable adjustment" came in. The disabled parking spaces are presumably such a reasonable adjustment. I suspect that it would also be regarded as "reasonable" for such spaces to be reserved to blue badge holders. If not, the land owner is unable to ensure the spaces are only being used legitimately. It would rely on a staff member challenging anyone parking without a blue badge and then trying to make an assessment as to whether they were indeed disabled or just abusing the space.

So, in answer to your question.

(1) I am not sure you can rely on the DDA but even if you could it would involve a lot of hassle as you would be submitting appeals after the event, etc..

(2) Apply for your badge(s) ASAP, then the problem goes away.

(3) Speak to the manager at whatever stores/facilities you use and explain you are waiting for your blue badge so can they give you temporary permission pending badge(s) being issued. I can't believe a polite reasonable request would be refused. If it is, there are probably plenty other places you can take your business.