Private parking charge notice

[dingerr]

The OP posted
"I think this has been discussed before, but advice is needed. I parked in a Tesco supermarket in a disabled bay. I did not display my disabled badge, and got a penalty notice."

I said you can park in Tesco being disabled and having no blue badge to display,
here is my proof

But she says she has been off work for two years following a serious back operation - and her employer classes her as disabled.
When she used a disabled parking space at the store, the was given a hefty fine.
A Tesco spokesman has apologised for what the supermarket sees as an error in its processes, and said the fine has been cancelled.
Maggi says she does not have a disabled badge because she is determined to get better following a back operation two years ago after sustaining a herniated disc.
What did Tesco say in response
A spokesman for Tesco said: “We have controls in place at our stores to prevent misuse of disabled parking spaces so that they are kept available for customers who need them.
"In this case, the parking charge notice was issued in error and has already been cancelled.
"We are sorry to Ms Mottishaw for any upset or confusion that was caused by this mistake and hope to welcome her back to our Yeovil Extra store soon.”

Where you stand on parking in disabled bays amid 'harsh' policy claim

Supermarkets have recently cracked down on people who park in bays for disabled people

www.somersetlive.co.uk

Edit, beware if you park in a disabled space and you are not disabled they have
every right to fine you, along with every other rule concerning their car parks

That‘s not legislation or tort, its a media post and can hardly be considered proof.

Of course its not against the law to park in a disabled bay, on private land, without a blue badge. To suggest its criminal is ludicrous. However, f the terms and conditions for parking in a disabled bay, on private land, require you to display a blue badge as proof of eligibility, it is entirely reasonable. If you act contrary to those terms and conditions then you are in breach of contract - CONTRACT LAW. You are also trespassing - TORT OF TRESPASS.

You are trying to bend the law to suit you best.

 

[Lindermyer]

Terrible advice. Writing back to them trying to helpfully explain the unfortunate situation will leave them rubbing their hands with glee and smelling blood. Whatever you write they will use against you. Never admit to anything with these sharks and invite them to prove you wrong. After all, the onus is upon them.

Dear sir -

My blue badge was on display - unfortunatly it had fallen into the footwell


- That approach worked for me when i was pinged for not displaying a valid parking ticket - fine was cancelled

It was also the truth - although left unspoken was the fact i saw the bloody thing fall when i shut the door

 

[PhotEx]

That‘s not legislation or tort, its a media post and can hardly be considered proof.

Of course its not against the law to park in a disabled bay, on private land, without a blue badge. To suggest its criminal is ludicrous. However, f the terms and conditions for parking in a disabled bay, on private land, require you to display a blue badge as proof of eligibility, it is entirely reasonable. If you act contrary to those terms and conditions then you are in breach of contract - CONTRACT LAW. You are also trespassing - TORT OF TRESPASS.

You are trying to bend the law to suit you best.

except, the parking extortion cnuts have no way of checking if a ‘blue badge‘ is valid or even a real blue badge.

 

[dingerr]

except, the parking extortion cnuts have no way of checking if a ‘blue badge‘ is valid or even a real blue badge.

FOC

 

[supermatelot]

Dunno how it applies in this case but- supermarket carparks are classed as public highways (in certain respects) during supermarket opening hours.

 

[History_Man]

All parking enforcement employers and employees should be bound and cooked over a slow fire. Worthless scum, the entire industry should banned as organised crime and extortion.

UKPC have a excelled themselves today. I had to take Master H_M to an emergency GP's appointment in North Swindon this lunchtime. I got to the relevant medical centre, called reception as instructed and was told to park in one of the bays marked by yellow tape and yellow traffic cones, plus yellow spray-painted signs saying 'COVID Bay 1, 2, 3, etc.'

UKPC mong turns up and starts trying to issue tickets for 'illegal parking' (not me at that point, he had alighted upon another victim). Some NHS medical staff come out and ask what he is playing at and he carries on trying to issue tickets.

Less than five minutes later Wiltshire Plod pitch up (the medical centre had obviously called them) and tell matey boy to disappear sharpish or else and, btw, why is he parked in an NHS marked bay despite not being a patient? He disappears to prowl around the pharmacy car park, which invites a further Police intervention to tell him to leave the area and not return. At this point, he gets the message and drives off.

 

[Fiona_TG]

except, the parking extortion cnuts have no way of checking if a ‘blue badge‘ is valid or even a real blue badge.

I wonder then if it is not entirely legal to use a fake blue badge in a private car park? Could be a useful trick for those so inclined.

 

[NSP]

For some obscure reason, we don't have an identifier on registration plates for disabled vehicles

Now we're out of the EU there's a space freeing up where it could go, n'all.

 

[History_Man]

I wonder then if it is not entirely legal to use a fake blue badge in a private car park? Could be a useful trick for those so inclined.

I would imagine that an offence would have been committed by possessing and using a false blue badge.*

*It's not an identity document though...

 

[dingerr]

I wonder then if it is not entirely legal to use a fake blue badge in a private car park? Could be a useful trick for those so inclined.

Road Traffic Regulation Act 1984

An Act to consolidate the Road Traffic Regulation Act 1967 and certain related enactments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

www.legislation.gov.uk

The RTA 1984 does not apply to private land, i think this would cover it.

Fraud Act 2006

An Act to make provision for, and in connection with, criminal liability for fraud and obtaining services dishonestly.

www.legislation.gov.uk

 

[dingerr]

UKPC have a excelled themselves today. I had to take Master H_M to an emergency GP's appointment in North Swindon this lunchtime. I got to the relevant medical centre, called reception as instructed and was told to park in one of the bays marked by yellow tape and yellow traffic cones, plus yellow spray-painted signs saying 'COVID Bay 1, 2, 3, etc.'

UKPC mong turns up and starts trying to issue tickets for 'illegal parking' (not me at that point, he had alighted upon another victim). Some NHS medical staff come out and ask what he is playing at and he carries on trying to issue tickets.

Less than five minutes later Wiltshire Plod pitch up (the medical centre had obviously called them) and tell matey boy to disappear sharpish or else and, btw, why is he parked in an NHS marked bay despite not being a patient? He disappears to prowl around the pharmacy car park, which invites a further Police intervention to tell him to leave the area and not return. At this point, he gets the message and drives off.

Where UKPC contracted managers for the car park?

 

[History_Man]

Where UKPC contracted managers for the car park?

Yes, but the NHS had suspended the contract. Car park is a generous description. The land in question is a strip of ten parking bays on the other side of the road from the medical centre. There are a further five parking bays outside of the pharmacy. The main car park itself is not managed by UKPC.

 

[History_Man]

Road Traffic Regulation Act 1984

An Act to consolidate the Road Traffic Regulation Act 1967 and certain related enactments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

www.legislation.gov.uk

The RTA 1984 does not apply to private land, i think this would cover it.

Fraud Act 2006

An Act to make provision for, and in connection with, criminal liability for fraud and obtaining services dishonestly.

www.legislation.gov.uk

The Fraud Act 2006 would be my guess, because the Identity Documents Act 2010 does not cover blue badges.*

*The Identity Cards Act 2006 was repealed in 2011.

 

[solomon88]

Dunno how it applies in this case but- supermarket carparks are classed as public highways (in certain respects) during supermarket opening hours.

Not public highway - public access. It makes a difference with enforcement, which is why supermarkets etc, use private companies to do it.

 

[tommikka]

we used to have tax discs, but they did away with them.
if you were registered disabled, the tax disc said ‘disabled’ which saved a lot of nause if you forgot to put up your blue badge.

For some obscure reason, we don't have an identifier on registration plates for disabled vehicles.

Because the vehicle doesn’t hold the disabled status, and a disabled individual may not have a car
I’m a carer, when I have a disabled passenger they can use their badge and also use it in any other cars they are in.

 

[History_Man]

Because the vehicle doesn’t hold the disabled status, and a disabled individual may not have a car
I’m a carer, when I have a disabled passenger they can use their badge and also use it in any other cars they are in.

My old man's blue badge is linked to three cars, his, mine and my sister's. Any of us can park in a disabled bay with his blue badge so long as he is present.

 

[Listy]

I wonder then if it is not entirely legal to use a fake blue badge in a private car park? Could be a useful trick for those so inclined.

Be careful with that idea. The ID number on each blue badge actually tells the enforcement type some info. So that when the owner of the vehicle shows up, and he's not a one legged dwarf from the circus, questions can be asked.

 

[tommikka]

Be careful with that idea. The ID number on each blue badge actually tells the enforcement type some info. So that when the owner of the vehicle shows up, and he's not a one legged dwarf from the circus, questions can be asked.

And there’s a photo on the back

 

[tommikka]

So we’ve gone from a legitimate Blue badge holder getting ticketed as they hadn’t shown their badge, granting the easy option of getting the charge cancelled, but instead we have proceeded to badge fraud

 

[Listy]

So we’ve gone from a legitimate Blue badge holder getting ticketed as they hadn’t shown their badge, granting the easy option of getting the charge cancelled, but instead we have proceeded to badge fraud

This is ARRSE.
I think it was one of the BLM threads that ended up discussing Buddhism!