Smart Parking LTD PCN Asda Carpark

lee246

I was issued a PCN from Smart Parking Ltd for parking in a disabled bay without displaying a blue badge. I never park in the disabled bays as I'm not disabled, however on this day I'd taken a friend to do her shopping as she has a leg in a brace and cannot walk due to the injury. With this in mind, and as the disabled bays were empty I parked there. I must have been literally 20 minutes and came out to find the PCN glued to my screen.
I've read through the Newbie sticky guide, and sent an email to the CEO of Asda explaining how I feel the charge is a joke and explained as a long term Asda shopper I don't expect this sort of treatment. This was the response received within hours:


Good Morning Mr L


Thank you for contacting Andy, as part of his team I have been asked to respond on his behalf.


I’m sorry you are fuming that you have been issued a parking notice. It is law to display a valid blue badge when parked in a designated disabled bay, and a notice will be issued if this is not the case. You can view evidence of your vehicle parked in a disabled bay by going onto the Smart Parking website and entering your registration and notice number.


If you are a blue badge holder, you can send a copy of your badge and notice number to appeals at Smart Parking and they will quash the notice for you.


Kind regards

Emma Mckee


Executive Relations




My reply to them:


Thank you for your prompt reply.





Please see this provided paragraph, taken directly from the Governments website:


The Blue Badge Scheme does not apply to off-street car parks, for example supermarket car parks. However, off-street car parks may provide bays for Blue Badge holders. Please check with notices before parking.


Apart from local council car parks, most are likely to be privately owned and managed by the individual business.


In a local council car park, it is normally an offence to park in a disabled persons' parking bay without displaying a valid Blue Badge. Drivers who misuse such spaces may also have to pay a penalty charge.


There is a difference in privately owned car parks. Charges and conditions of use in off-street car parks are a contractual matter between the car park owner and the motorist. Enforcement of disabled persons' parking bays is therefore a matter for the individual owner or operator of the car park.


If a non-disabled motorist parks in a disabled space in a private car park they can be asked to leave. But it can't be legally insisted. For instance at a supermarket, an employee can ask the driver to move their car from the reserved space. But they can't legally insist on it.


If you think people are unfairly parking in bays reserved for disabled people, contact the management of the store or car park.


With that in mind, the Law you’ve quoted does not apply in this case. I’ve also attached a photo taken in that bay, just after the ticket was issued for your information as the why the car was parked in that bay (a check of the photo properties will reveal time, date, and even gps location of where the photo was taken). I would also like to point out that there is no clear signs for the ‘average’ person to see stating this made up law in that particular car park. I would appreciate your response on this matter.


Regards, L.










Am I following the correct guidelines? Any help/advice? Thanks.

Redx

in effect you are correct

they are incorrect in what they have said

I notice they say it is the law, but they do not qualify the statement by pointing out the actual ACT OF PARLIAMENT that made this "law" they talk about, mainly because it does not exist

the actual law is the EQUALITY ACT 2010 which superceded the DDA 1995 AND 2005 ACTS OF PARLIAMENT

so "the law" states that ANYONE who has disabilities and qualifies under the EA 2010 can use those bays , so by insisting that only a BB holder uses them they are DISCRIMINATING against all the other disabled people who qualify under the EA2010 but CANNOT obtain a BB from their social services due to the government rules on issuing them

so it is not LAW that those spaces are for BB holders only

it is law that they provide them to anyone who qualifies under the EA 2010

clearly they have not got a clue about the correct laws that apply , which most companies dont, so about which laws apply and why

the fact is, if this person qualifies under the EA 2010 , you could lawfully park there whilst helping them , but smart parking rules also discriminate due to requiring a BB to park there too

if they dont qualify, that is the acid test of if your ticket was issued correctly or not

either way, appeal to not so smart using the template letter from the newbies thread , on or after day 21

lee246

Thank you for the reply Redx.
The PCN was issued on the 1/7/15. I'm away on holiday from 18th until 25th which would put me at 24 days before sending the appeal email. Will this still be ok?
Thanks, Lee.

Redx

yes, as long as it gets to them before day 28 , so day 24 is fine as long as its by electronic method , it can be cutting it fine by snail mail though

just do not forget it

if asda are going to quote the law, they should get legal advice before putting !!!! in writing , lol

I personally qualify under the EA2010 irrespective of having a BB (which as it happens I also qualify for although mine started off orange as its so long ago) - my original entitlement was a green card so I wonder if they will accept that if I place it on my dashboard ? , lol

even if I didnt qualify for a BB , the law (EA2010) says I can use those bays if they are offered for disabled persons to use , because I have a recognised disability under the act, plus I have always qualified under the DDA1995 , superceded by the DDA 2005 , superceded yet again by the EA 2010

no idea if your friend does however

lee246

She wouldn't have qualified for any sort of badge I'd imagine as it's a short term injury. It has however restricted her from being able to walk any sort of distance, which was why me and my partner had taken her shopping and parked as close to the store as possible. I wouldn't have even contemplated parking there in normal circumstances, or if the spaces were busy, but it was the middle of the day, through the week, there was plenty of spaces, and I thought it would help her out.
You live and learn though so I certainly won't be doing it again, and I won't be using that Asda again either.

Ralph-y

One thought that I have had with incidents like this is ........

may be it would simplify things by going into customer services to tell them that you have parked in a disabled bay for the reason of ...... but do not have a blue badge ....

To me it makes sense ......

ralph:cool:

bazster

As a point of fact, the EA 2010 is not applicable in the case of a temporary injury.

Redx

lee246 wrote: »

She wouldn't have qualified for any sort of badge I'd imagine as it's a short term injury. It has however restricted her from being able to walk any sort of distance

bazster wrote: »

As a point of fact, the EA 2010 is not applicable in the case of a temporary injury.

I agree, just wanted to point it out due to asda not being aware of the truth as regards the laws that apply

cheers

lee246

I'm not under any illusion that we should be entitled to park there. It was a genuine mistake on my behalf as I have never needed to use disabled bays previously and presumed they were available for anyone with a disability, be it long term or short term. Also to note is the sign outlying Asda's T&C's for the disable bay is tiny. It was only once the PCN was issued and I went looking that I found it.


Anyway, small update from my Asda correspondence, but no further on:
Asda response:


Good Morning Mr L

Thank you for taking the time to respond to my email.

The disabled bays are provided as an obligation under the terms of the Equality Act 2010.

The Blue Badge Scheme Booklet, available from the Department for Transport, outlines parking concession for badge holders. The booklet clearly states that the badge does not always apply on private car parks and roads. It also directs badge holders to read the signs in the car park for terms and conditions of parking.

The car park is a private car park and so full concessions for disabled badge holders are not guaranteed, although disabled bays may be provided. The car park is private land and the owners allow access to the public on condition that they park according to the advertised terms and conditions, the signs warn that non-compliance may result in a parking charge notice. Persons entering the car park are, in effect, agreeing to the terms and conditions and if they park in breach of the terms and conditions the landowner has a right to make a charge

Motorists are advised to ensure that they read signs upon entering the site and ensure that they hold a valid blue badge as this must be displayed when using the designated disabled bays. If the motorists does not agree to the advertised terms and conditions they will incur a parking charge notice as stated on the signs.

In addition, the signage at the entrance and also around the car park are written in clearly and intelligible language as per the BPA requirements. There is no ambiguous language or jargon on any of the Smart Parking signs at this site. Moreover, the signs are located at a height so they are visible by any individual regardless of their height,. It is the responsibility of the motorists to ensure that they acknowledge the signs and park accordingly. All signage is BPA approved.

In order to have this notice quashed you would have to appeal directly to Smart Parking.

Kind regards

E
Executive Relations


My response:


Morning E,


Have you actually been to the site in question? There is one small sign, roughly about 10 foot high, and about 1 foot wide. This sign isn’t visible from the bay in which my car was parked, along with most other bays near to it, apart from the bay directly below it. It’s also not clear what is written on it unless you walk directly below it as the font is so small.


As landowner, you have to power to quash any and all PCN’s given out on your land, so failure to do this is a choice of Asda.





Regards, L.

Redx

their response also proves that they are actively discriminating against people who qualify under the EA2010 but who cannot or do not hold a Blue Badge for whatever reason

ie:- if they are providing those disabled bays under the EA2010 , they are for everyone that qualifies under the EA2010 , including pregnant or nursing mothers etc, as well as many others with disabilities

Disability: The Act applies to a range of people that have a condition (physical or mental) which has a significant and long-term adverse effect on their ability to carry out ‘normal’ day-to-day activities. This protection also applies to people that have been diagnosed with a progressive illness such as HIV or cancer.

Pregnancy and Maternity (including breastfeeding mothers): A woman is protected against discrimination on the grounds of pregnancy and maternity.

the EA2010 does not mention the BB at all, its not a qualifying factor , but they are under the obligation of the law to follow the EA 2010 for each and every qualifying person under the act

maybe you should point this out to them and ask what a pregnant or new mother is supposed to do when the EA 2010 backs them up yet their policy and signage positively discriminate against them !!

or where a disabled person with a qualifying disability is in the vehicle and the driver parks in the bay due to the fact they need to because of the recognised disability of the passenger in question (like trubster and his son at the sheffield retail centre - meadowhall)

then see if you get a response (even though in your case the person doesnt qualify)

it may make them think about how they are colluding in breaking the law

3. What behaviour is unlawful?

A: Under the Act people are not allowed to discriminate, harass or victimise another person because they have any of the protected characteristics. There is also protection against discrimination where someone is perceived to have one of the protected characteristics or where they are associated with someone who has a protected characteristic.

• Discrimination means treating one person worse than another because of a protected characteristic (known as direct discrimination) or
• putting in place a rule or policy or way of doing things that has a worse impact on someone with a protected characteristic than someone without one, when this cannot be objectively justified (known as indirect discrimination).
• Harassment includes unwanted conduct related to a protected characteristic which has the purpose or effect or violating someone’s dignity or which creates a hostile, degrading, humiliating or offensive environment for someone with a protected characteristic.
• Victimisation is treating someone unfavourably because they have taken (or might be taking) action under the Equality Act or supporting somebody who is doing so.

there was a survey not long ago in london about how retailers were breaking the EA2010 on various counts , like access, disabled facilities , banning of dogs etc , many major retailers failed the tests

2. How you can be discriminated against

Discrimination can come in one of the following forms:

• direct discrimination - treating someone with a protected characteristic less favourably than others
• indirect discrimination - putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage
• harassment - unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them
• victimisation - treating someone unfairly because they’ve complained about discrimination or harassment

bazster

Redx wrote: »

I agree, just wanted to point it out due to asda not being aware of the truth as regards the laws that apply

cheers

That's cool, it wasn't intended as a correction, merely a clarification for anyone reading this thread in future.