asda parking charge in disabled bay

wiggyandcoco

hello . I just wanted to double check something please. Ive read all the posts regarding parking charges in private car parks but just wanted to clarify with my circumstances if they have caught me legally or not. I parked as I always do in a asda disabled bay to do my shopping. Had my blue badge clearly displayed but it went out of date 3 days ago. My renewal is in with the council and they say it has been done but just needs to go onto the pay for it and be printed stage. My council take a while to process it so have got caught out.
Not sure how they can justify it given it is a free car park.
so am I likely to succeed in an appeal given my badge was out of date.
Thanks .

Coupon-mad

Yes you will succeed against Smart parking because you don't even need to talk about the Blue Badge at all anyway (which doesn't apply on private land in any case - Smart Parking are using and abusing the scheme). A disabled person is allowed to use the bay as it's an Equality Act 2010 provision by law (no need for a 'Badge'!).

So you wait for the NTK - takes over a month to arrive - and in the meantime read the Newbies sticky thread and suss out the appeal to use and the POPLA appeal that will win. Don't appeal yet as you are NOT appealing as driver.

wiggyandcoco

Ok so don't appeal and don't pay. Was told by asda to go up and see the manager or whoever and take my badge etc. So I guess I wont bother. Will look for the relevant bit for me on the newbies bit. I did look but as it was to do with a blue badge I wasn't sure. Crafty beggers aren't they. So I would guess then anyone can park in a disabled bay in a supermarket carpark if they cant enforce them.
Thanks for your help coupon-mad I do get easily confused.

Coupon-mad

No I am not saying anyone can park in a disabled bay. ' Disabled people ' can park in a disabled bay just as deaf people can make use of a hearing loop till, mobility-affected people might use a Supermarket's own wheelchair and sight impaired people might ask for a larger print leaflet if available. What I am saying is NONE of those provisions requires the person in need of it, to prove need.

No-one needs to 'police' any of this - disabled bays would be perfectly OK (and are perfectly OK) in car parks with no gestapo. Polite signs are enough.

Ok so don't appeal and don't pay.

Don't appeal yet. Wait to get the chance to appeal as keeper, you'll win easily. Read other Smart threads by searching 'Smart POPLA'. In fact they often throw in the towel before POPLA.

esmerobbo

In the meantime there is nothing stopping you having a word with the manager of the store, he may have a word with the person who issues these tickets and informing him/her that it is not his/her place to validate a persons disability, nor the validity of the blue badge.

He/she may also do the right thing and tell [STRIKE]Not so[/STRIKE] Smart to cancel it.

The_Deep

Some interesting stuff here

http://www.disabledmotoring.org/news-and-features/news/post/9-blue-badge-ruling

I am not sure if Popla has changed its stance.

My own view is that if a person can show entitlement to a BB, whether displayed or not, the charge should be cancelled.

wiggyandcoco

thankyou guys, see I told you I get easily confused.

wiggyandcoco

ah now the deeps article leaves me a bit more unsure. will go and speak to the store manager, see where that gets me.

The_Deep

It may be out of date wiggy, I should wait for CM to comment.

Guys_Dad

The simple fact is this.

POPLA will support the PPC re BB requirements. POPLA say that it is not their job to deal with Equality legislation as there is another means to deal with that (court !). See the chief adjudicator's latest report on the POPLA web site.

I can not remember there being any court case over parking in a disabled bay on private land without showing a current BB.


So - (1) as suggested wait till the NtK (2) see the store manager (not a customer services person) (3) if it comes to it, use a standard POPLA GPEOL multi point appeal forgetting about BB and you will be fine.

esmerobbo

DMUK are in bed with several PPC's so I would not bother too much what they say.

Landowners can make any condition they want, only blue cars can park here, only red ones here. What they can not do is ignore legislation.