Parking fine issued for a disabled person being in disabled bay!

beamerguy

Poppie68 wrote: »

I got stung in Asda's car park in September I forgot my BB, I contacted the management company that owned the land and still haven't heard back so assuming they have cancelled it.
In danger of getting my head ripped off here but: As your father was the driver and not disabled he could of parked elsewhere and drove up to the front to drop you off and pick up...That way it leaves the bay available for a disabled driver.

Hi Poppie, please don't assume they have, you need to remind them.

Most of us will just stop and let someone out, my mother has dementia and before it got so serious, I would stop to let her out and I am not disabled. There was a time in a Waitrose car park I stopped in a disabled space to let her out, her walking was so bad, she had a blue badge but not with her. There was a parking warden so I told him, I was not disabled, but watch my mother walk, nice guy, he said no problem
On the other hand Horizon could not care less, Tesco know that.

If you do not cause an obstruction, there is no problem, bear in mind it was one of these small local tesco's no harm done except by Horizon

Poppie68

beamerguy wrote: »

Hi Poppie, please don't assume they have, you need to remind them.

Most of us will just stop and let someone out, my mother has dementia and before it got so serious, I would stop to let here out and I am not disabled. There was a time in a Waitrose car park I stopped in a disabled space to let her out, her walking was so bad, she had a blue badge but not with her. There was a parking warden so I told him, I was not disabled, but watch my mother walk, nice guy, he said no problem
On the other hand Horizon could not care less, Tesco know that.

If you do not cause an obstruction, there is no problem, bear in mind it was one of these small local tesco's no harm done except by Horizon

Thanks beamerguy, that's good advice I was thinking about it a few days ago and thought I would leave it until the new year... might ring them tomorrow. I started a thread on it after I had been given the big kiss off by the parking prefects so then passed it onto the management company, chased it up once and told to wait for a reply... Will chase it up.

beamerguy

Poppie68 wrote: »

Thanks beamerguy, that's good advice I was thinking about it a few days ago and thought I would leave it until the new year... might ring them tomorrow. I started a thread on it after I had been given the big kiss off by the parking prefects so then passed it onto the management company, chased it up once and told to wait for a reply... Will chase it up.

Yes, never put off until tomorrow what you can do today. Parking cowboys are like leaches and you don't want one of those stuck on you, good luck

Coupon-mad

kadiekaismummi wrote: »

Hi all,

Today Ive recieved a parking ticket issued by Horizon for being in a disabled bay at my local Tescos, there are two photos one showing the back of the car the other showing side view from the back, my dad was actually sitting in the car at the time with the engine running, in one of the photos you can see the radio light was on due to my dad sitting in the car waiting for me, but no one came up to my dad asking for any evidence of disability,

I am registered disabled & my car is a motability car, Ive sent off evidence that my car is motability disabled car & that im disabled, there was no closer bay available so my dad went into the bay as im disabled, I asked to appeal due to the fact that I am disabled & the car is also registered disabled, but they have emailed me back to say they now need evidence of my blue badge, which I dont have we have had the car for 6 months & with everything going on i havent got around to applying for it but thought if my car is motability I could park there, I really dont have £40 to pay the fine, & if its not paid within a week the fine goes up to £70, I think it so unfair & I know tonight Im going to be unable to sleep due to worry, please can anyone advice me on what i can do, many thanks for your help, just dont know what to do next

Have you also emailed Horizon to appeal? Don't miss doing that within 28 days, I hope you didn't post it, no need seeing as they accept emails.

I've dealt with Horizon several times and always found them to be very reasonable and they cancelled every PCN except one (that was then won at POPLA stage). The others included a disabled case - no blue badge but certainly covered by the Equality Act - where it was cancelled by them and also the POPLA case where they issued a second POPLA code when the first one went astray (without any fuss and without the appellant, a colleague of mine, having to complain to the BPA first).

I've complimented Horizon before on their flexible approach to considering appeals, would you believe! I think they'll cancel when the registered keeper appeals (you) with evidence it's a motability car.

Don't say who was driving, don't name that person but you could state you are the registered keeper under the Motability scheme and that you are a disabled passenger so need your car added to the 'white list' (exemptions from a PCN at that store) so this never happens to your Motability car again.

If Horizon don't addyour car to the white list, ask the Store Manager to do so because the store can add any VRNs to that list; typically it includes their staff numberplates but certainly disabled customers they should not be alienating.

pogofish

Poppie68 wrote: »

In danger of getting my head ripped off here but: As your father was the driver and not disabled he could of parked elsewhere and drove up to the front to drop you off and pick up...That way it leaves the bay available for a disabled driver.

If her father wasn't disabled it still wouldn't make any difference as the vehicle is still being used for her - The disabled person's benefit, not his.

Its only where people take a disabled person out, then abandon them in the car in an accessible space whilst they gallivant-about that its considered abuse.

Coupon-mad

Yes it's OK for him to have parked there because the OP was the pedestrian disabled passenger, who needed the car to be accessible to her on her return with her shopping. The other way round would have been wrong (if she was sat in the car).

Shocking that Supermarkets still think they can rely upon 'blue badges only' for disabled people to use the concessionary bays and have no clue about the Equality Act even though they have statutory duties by law, to avoid discriminating against and harassing disabled people at large (blue badge or not). But I suspect Horizon will cancel it.

Poppie68

pogofish wrote: »

If her father wasn't disabled it still wouldn't make any difference as the vehicle is still being used for her - The disabled person's benefit, not his.

Its only where people take a disabled person out, then abandon them in the car in an accessible space whilst they gallivant-about that its considered abuse.

Imo it is just being considerate of other drivers who are disabled and struggle to get a disabled bay. Is it still the case on council property that a non disabled drivers should drop of the BB holder and park in a normal bay?

Coupon-mad

No and there never was such a rule, not even on Council land or on street. Are you muddling up just 'dropping off' which this wasn't?

If the disabled person needs to get back to the car then the car CAN be parked in a disabled bay and on private land that is a person covered by the Equality Act whose condition gives rise to a genuine need to use a nearer bay to the permises (not just blue badge holders, because restricting a concession and thereby making it inaccessible to those who qualify in law to use it, is illegal).

Different if dropping off when not expecting the disabled person to return to the car, of course the driver should move on but that's not the case here. She was coming back to the car so the fact Dad sat in the car is a red herring, think of her needs, not him.

beamerguy

kadiekaismummi wrote: »

Hi Beamerguy, ive taken your advice & have just sent an email to Jason, thanks so much, will let the post know when I recieve a reply x

Hi, after Tesco's confirmed to me the ticket was cancelled, I wanted to get confirmation from Horizon. I emailed Horizon 3 times and to start with, no reply. Then I got three replies on 3 separate days and this morning got another from Horizon.

As you can see, they were instructed by Tesco to cancel because Tesco's are their masters. Something for everyone to remember

Thank you for your email. I confirm a request has been received from Tesco and on this occasion they have asked us to cancel the notice.

I can therefore confirm that the notice has now been cancelled and no further action will be taken.

Yours sincerely

Alison Dickson
APPEALS DEPARTMENT

missbiggles1

pogofish wrote: »

If her father wasn't disabled it still wouldn't make any difference as the vehicle is still being used for her - The disabled person's benefit, not his.

Its only where people take a disabled person out, then abandon them in the car in an accessible space whilst they gallivant-about that its considered abuse.

That depends.

When my husband (Blue Badge holder) and I went to the supermarket, he never knew til we arrived whether he would be up to leaving the car. If he didn't I would go in alone but he still needed to be near the entrance so that he could get out and use the loo if necessary or so I could look out and see whether he was ok, neither of which would be possible from elsewhere in the car park.