English Smart parking disabled bay with badge

atilla

cazpatemmax wrote: »

I can't complain to ASDA as I work with them at their head office. They are my customer, so can't rock the boat.

What is DM?

Of course you can. Didn't stop me fighting back and getting not so smart suspended from accessing the DVLA database.

atilla

Umkomaas wrote: »

If you work with them at their HO, I would have thought you have a better chance than your average Joe Punter to speak to someone who could very quickly knock this on the head.

A bit of networking needed!

Tony Wilson, Retail Development.

cazpatemmax

Ok so now POPLA have rejected my appeal!
I stated in my letter about the equal opportunities act 2010 and reasonable adjustment being made for a disabled person, but they still say that because the blue clock was obscuring the blue badge, the PCN was issued correctly.
What can I do now?

Redx

nothing

your popla appeal should have used legal arguments and not "what happened on the day" , like this one

https://forums.moneysavingexpert.com/discussion/5229730

unfortunately you wasted your popla appeal by using mitigation and not legal arguments like not a gpeol , no contract and poor signage

I agree it should be allowed, but they do not consider the EA2010 nor mitigation, despite common sense dictating that they should

it tells you this on their website, so clearly you did not read it

get the landowner to cancel (asda)

if this goes any further , consider a counter claim under the EA2010 , bearing in mind it was your mums rights that were infringed, not yours , so the counter claim needs to be in her name , like this one

https://forums.moneysavingexpert.com/discussion/5049715

Unicorn51

A couple of things to possibly consider in your defense.

The sign probably read " Parking in a disabled bay without displaying a valid disabled badge".

You were displaying a valid BB but with the date obscured. Does this make it any less valid.

In your opening post you said the PCN said "not displaying badge correctly"

You could argue that "not displaying badge correctly" doesn't breach there terms of contract.

Have they produced any evidence in the form of a photo to back up there claims.

The_Deep

In any case, whatever you do, it does not matter, If this were ever to get to court the most likely outcome would be that it would be thrown out because of the greed and lack of common sense shown by the PPC.

Just ignore everything they send you now, except genuine court papers. If they send these come back for more advice.

cazpatemmax

Yes, they have photos to show the blue badge clock was obscuring the other blue badge.

ffacoffipawb

cazpatemmax wrote: »

Yes, they have photos to show the blue badge clock was obscuring the other blue badge.

Presumably your car reg no is in the photo as well, otherwise it could be the photo of anybody's car?

cazpatemmax

yes they have all the pics to know it is my car

keepitlegal

I've just checked the signage at our local Asda, they are very confusing, one says, Disabled Blue Badge Holders Exempt, the other says, Disabled Parking Only please be aware that vehicles parked with a Blue Badge may be subject to a £70 fine.
Smart Parking really need to get there act together.

Keepitlegal