Query about disabled bay parking fine Asda

Stroma

Could you tell us exactly who owns the land please? The last time it was a subsidiary of Walmart .

Many thanks

Truly_Wracked_Off

Just got back in and read your query Stroma.

Quoting verbatim directly off the deed (Title Number: WM579521) ownership given is as follows:

Registered Owner(s): ASDA STORES LIMITED (Co. Regn. No. 464777) of Asda House, Southbank, Great Wilson Street, Leeds, LS11 5AD.

The Title Plan, showing the layout of the entire purchase (and therefore the current legal ownership) states verbatim as follows:

This is a copy of the title plan on 15 APR 2014 at 09:41:08

As the purchase was made on 28 October 2004, I'm presuming Walmart's takeover came after this date.
:easter:

bazster

If I were you I'd dash off a line to Asda's CEO explaining that you have uncovered Asda's untruth about the car park ownership, that you understand this is not the first time Asda has untruthfully told motorists that a car park belongs to the local council, and that should you discover further instances suggesting a possible deliberate policy of deceit you will have no hesitation in involving Trading Standards.

ColliesCarer

ColliesCarer wrote: »

Thanks for your response T-W-O

Have you tried taking a look at the council planning portal - planning consents can sometimes have restrictions on car parks which may be relevant.

Thanks for the information on ownership T-W-O

don't forget to take a look at the what planning constraints there might be for car park at that site. never know what you might find - for example: I know one near me had constraints on it to be for use by the public but they tried to make it customer only.

It may not uncover anything that would be useful info for a POPLA appeal but it might give you something to raise with the ASDA Ceo

page3

adouglasmhor wrote: »

Nonsense, the law is quite clear, have a read at it. An example, someone with classic autism might not have mobility issues but need to be in a space near the entrance as they have problems crossing a car park appropriately. Someone deaf might not be able to hear an approaching car.

Good post. Wish more understood this, especially relating to Autism.

Coupon-mad

Some great posts on here from those regulars who realise that the Equality Act does not mention permits or blue badges (of course) and simply defines disability and explains the provisions that service providers MUST put in place for those who need a reasonable adjustment (e.g. a wider/nearer bay).

This has been discussed before so perhaps the three posters who were posting the rubbish about Blue badges being needed and people having to have a visible mobility problem, might like to read some cases where we've covered all this before.

A ranting discussion all about it:

https://forums.moneysavingexpert.com/discussion/4833283

and three more:

https://forums.moneysavingexpert.com/discussion/comment/53636063#Comment_53636063

https://forums.moneysavingexpert.com/discussion/comment/54759913#Comment_54759913

https://forums.moneysavingexpert.com/discussion/4129957

A thread from robredz who was illegally abused & harassed when using a disabled bay:

https://forums.moneysavingexpert.com/discussion/3425191

Shocking that some people are still so blinkered about all this, especially when one poster cheerfully admitted a few posts back on here that he didn't know the difference between the DDA and the EA but was still arguing the toss!

Truly_Wracked_Off

In order to move forward after receiving an NTK (giving 14 days to pay) I’d be grateful if someone would confirm the following two points:

A) Is the baseline for any response to these standard letters the actual date of receipt, rather than the date on the NTK letter?

But most important, if the response is an appeal and NOT a payment, does the time limit increase to 28 days? Smart Parking’s letter doesn’t mention this.

However, I’m convinced I’ve read it somewhere in the maze of threads I’ve checked, but can’t find any reference in the NEWBIES. If it’s 14 rather than 28 days, then an appeal needs to be mailed by Tuesday, 15 May.

According to NEWBIES recent update, quoted below in italics, S.Parking don’t use POFA 2012

QUOTE: Some firms (e.g. Civil Enforcement, Smart Parking and some small PPCs) don't even bother with POFA2012 so the keeper is not liable - obviously the keeper is the only person identified in your appeal then!

The Appeal: Smart Parking gives four categories which are, a) Disabled bay w/o a BB; b) Valid ticket not displayed; c) Overstay; d) Other.

As the car was parked in a ‘disabled bay’ without a Blue Badge, ‘Other’ is the only option IF the keeper acknowledges these categories. Should this category be acknowledged, or ignored?

The basis of this appeal, against an excessive charge for a 2 minute stay, is mitigating circumstances; advice please on the best option. Should it be the NEWBIES standard letter, rather than an emotive appeal?

Looking further ahead, after reading that POPLA won’t/can’t consider mitigating circumstances or excessive charges, if the PCC rejects the appeal I appreciate the approach would then need to be militant.

If the gods are on my side, however, then a positive response from Asda’s CEO could put an end to this stress. My letter to HQ was received on 23rd April and I’m still waiting the outcome. Looking forward to tomorrow’s post with anticipation but shan’t be surprised if it’s a no no!

I’ll update the forum in the next 24 hours with details of my the store manager’s response plus my letter to the CEO.

Truly_Wracked_Off

In order to move forward after receiving an NTK (giving 14 days to pay) I’d be grateful if someone would confirm the following two points:

A) Is the baseline for any response to these standard letters the actual date of receipt, rather than the date on the NTK letter?

But most important, if the response is an appeal and NOT a payment, does the time limit increase to 28 days? Smart Parking’s letter doesn’t mention this.

However, I’m convinced I’ve read it somewhere in the maze of threads I’ve checked, but can’t find any reference in the NEWBIES. If it’s 14 rather than 28 days, then an appeal needs to be mailed by Tuesday, 15 May.

According to NEWBIES recent update, quoted below in italics, S.Parking don’t use POFA 2012

QUOTE: Some firms (e.g. Civil Enforcement, Smart Parking and some small PPCs) don't even bother with POFA2012 so the keeper is not liable - obviously the keeper is the only person identified in your appeal then!

The Appeal: Smart Parking gives four categories which are, a) Disabled bay w/o a BB; b) Valid ticket not displayed; c) Overstay; d) Other.

As the car was parked in a ‘disabled bay’ without a Blue Badge, ‘Other’ is the only option IF the keeper acknowledges these categories. Should this category be acknowledged, or ignored?

The basis of this appeal, against an excessive charge for a 2 minute stay, is mitigating circumstances; advice please on the best option. Should it be the NEWBIES standard letter, rather than an emotive appeal?

Looking further ahead, after reading that POPLA won’t/can’t consider mitigating circumstances or excessive charges, if the PCC rejects the appeal I appreciate the approach would then need to be militant.

If the gods are on my side, however, then a positive response from Asda’s CEO could put an end to this stress. My letter to HQ was received on 23rd April and I’m still waiting the outcome. Looking forward to tomorrow’s post with anticipation but shan’t be surprised if it’s a no no!

I’ll update the forum in the next 24 hours with details of my the store manager’s response plus my letter to the CEO. Sincerely, T.W.O.

atilla

I wouldn't fret. Not so smart parking seem to just love throwing money away by chasing lost causes.
Even a basic challenge via their website is enough to get them to back off.
Simply highliting their errors regarding Equality Act will do the trick - the last thing they need is a LBA landing on the desk of Ellie Doohan at Asda House.

ColliesCarer

A) Is the baseline for any response to these standard letters the actual date of receipt, rather than the date on the NTK letter?

They usually say x days from the date of this letter but if not specified assume baseline is the date on the NtK.

But most important, if the response is an appeal and NOT a payment, does the time limit increase to 28 days? Smart Parking’s letter doesn’t mention this.

Difficult to answer as some of the PPC's specify appeals must be in within 14 days. Wouldn't worry about it - just get your appeal sent by Tuesday 15th

Should this category be acknowledged, or ignored? Ignored - don't be constrained by what they try to say are the categories for appeal

The basis of this appeal, against an excessive charge for a 2 minute stay, is mitigating circumstances;
The basis for your appeal is the legal arguments as in the 1st appeal template letter - - wouldn't advise use of mitigating circumstances even in the 1st appeal and definitely not for POPLA - they are explicitly excluded.

Should it be the NEWBIES standard letter, rather than an emotive appeal?
Yes - with the added point of failing to provide reasonable adjustment for persons with protected characteristics under EA2010

if the PCC rejects the appeal I appreciate the approach would then need to be militant.
The POPLA needs to be based on the three main winning arguments of No GPEOL, No authority/legal standing and inadequate signage therefore no contract with driver