Tesco;anyone had a parking ticket ?

MARTIN3030 · 10th June 2007, 14:07

Was there this morning......We have a large car boot sale close by every Sunday and many park on here.
I could not find any spaces so ended up having to park in a disabled bay.
Was in the supermarket for about 15 minutes and returned to my car to find a 70.00 quid ticket.
Absolutely scandelous.
Scheme is operated by Euro car parks.
Anyone had one of these tickets before ?
They say they reserve the rights to contact the DVLA for details if I dont pay.I wonder if there are data protection issues here since I have not given permission for this.

patdavies · 10th June 2007, 15:29

1) It's a private ticket - otherwise known as an invoice. It is not enforceable.
2) Euro Car Parks will not let you believe this, but see Pete's thread
3) It is an invoice issued under contract law - only the driver can impliedly enter into the contract, not the RK. ECP do not know who the driver is and cannot compel you tell them.
4) Yes there are Data Protection Act issues, but this won't stop the DVLA - they will see a private parking company as having a justified reason.
5) Disabled bays are not enforceable under legislation when on private property. No road marking or signage is.

MARTIN3030 · 10th June 2007, 20:18

Thanks Pat

I_have_a_proper_job · 11th June 2007, 19:29

Absolutely scandelous

I doubt very much any of the disabled drivers you prevented from parking would agree!

djweeble · 11th June 2007, 22:20

It might be a bit naughty, and frowned upon by the "disability police"

but it's hardly a life or death situation !

Tell them to stick it where the sun don't shine

MARTIN3030 · 11th June 2007, 23:00

Quote:

Originally Posted by I_have_a_proper_job

Absolutely scandelous

I doubt very much any of the disabled drivers you prevented from parking would agree!

Well I dint really get chance to ask as there was about 15 free spaces.....which was why I parked there.
Anyway a letter going out to Tesco tonight.
I know from my clubcard points that I have spent well over 1000 quid there since Christmas.I know to them this is small change but I am not sitting around and doing nothing.

I_have_a_proper_job · 11th June 2007, 23:08

Well I dint really get chance to ask as there was about 15 free spaces.....which was why I parked there

I wonder why the spaces where free...probably because most people are less selfish than you. I just hope one day you do not need a space and find it taken by some smug able bodied person who thinks having a few clubcard points makes him more special than everyone else. You are lucky enough to be able to chose how far you can walk to shop many people are not lucky enough to have that choice.

diskmandave · 11th June 2007, 23:23

Can't wait to see the response to that!

kregrs · 12th June 2007, 01:36

Selfish? Half of the disabled people I have seen are as able bodied as the rest of us, thats selfish.

PS, I don't park in disabled bays, but I do have a habit of parking in parent and child bays, I've found the extra width to be good for avoiding the car park dings.

patdavies · 12th June 2007, 10:16

Quote:

Originally Posted by I_have_a_proper_job

Well I dint really get chance to ask as there was about 15 free spaces.....which was why I parked there

I wonder why the spaces where free...probably because most people are less selfish than you. I just hope one day you do not need a space and find it taken by some smug able bodied person who thinks having a few clubcard points makes him more special than everyone else. You are lucky enough to be able to chose how far you can walk to shop many people are not lucky enough to have that choice.

As I have pointed out before, disabled bay markings on private car parks are meaningless graffiti as far as any sort of enforcement is concerned.

Whilst the original planning permission and the DDA, would require the existence of x number of disabled parking bays there is nothing in either of these to prevent alternative use. Just like a disabled toilet - equipped for, not restricted to, the disabled user.

To give you an example, at my local Tesco they redesigned and expanded the store - moving the entrance 50 yards. The disabled parking bays were the two rows opposite the entrance - these are now four rows of 'normal' parking away from the entrance. New disabled bays (but a lot fewer) were painted in outside the new entrance.

So the "I just hope one day you do not need a space and find it taken by some smug able bodied person who thinks having a few clubcard points makes him more special than everyone else. You are lucky enough to be able to chose how far you can walk to shop many people are not lucky enough to have that choice." just doesn't apply as the older bays are further away than the normal parking bays for the able-bodied.

patdavies · 12th June 2007, 10:21

As is usual with these threads, this has gone off on a mindless sanctimonious and self-satisfied rant about the able-bodied parking in disabled bays. Regardless of the fact that the disabled bay used has no authority in law.

The questions posed by the OP concerned the validity of of the ticket. This is simple - it has none, it is a private company 'invoice'.

Let's try and concentrate on that shall we?

I_have_a_proper_job · 12th June 2007, 13:57

Regardless of the fact that the disabled bay used has no authority in law.

Its a sad world we live in that people actually try to justify parking in a blue badge bay. When I travel by bus I always give up my seat to an elderly person if required maybe next time I should stay put and explain that the stickers saying 'priority seats for elderly and disabled' are just meaningless graffiti and have no substance in law. I hope your parents are proud they have brought you up to be so courteous and considerate for those less fortunate.

demon_x_slash · 12th June 2007, 14:32

We're not talking about morals, here: the OP has received a civil invoice for something that is not legally enforceable. Besides that, and having to prove the situation (as it is a civil invoice and would go through the Small Claims Court if at all, and therefore the burden of proof is on the claimant, or Euro Car Parks), penalties for breach of contract are irrecoverable at common law. That's all the OP needed to know - the legal standpoint.

Janet-M · 12th June 2007, 15:07

Quote:

Originally Posted by kregrs

Selfish? Half of the disabled people I have seen are as able bodied as the rest of us, thats selfish.

Not all disabilities are physical ... I have a child who has multiple disabilities and many a time I have been unable to park in a disabled place because of lazy shoppers ... lets just hope these people don't actually genuinly need these places one day .

sorry for the temp hi-jack martin I just felt I had to reply to that post .

timer · 13th June 2007, 23:14

We both have and need a Blue Badge. Unfortunately, if the disabled bays are full, we can't walk to the shops from normal bays usually. If they are full we can't shop, and have to go home to return later or another day.

Not disputing anything about the legal position, just sad that *anyone* should see the Blue Badge bays as fair game just 'cos they themsleves are "too busy" to walk a few yards extra.

As stated, physical looks can hide a multiple of disabilities and debilitating conditions. The worst are often the "cash-line cripples" ~ those who are in the BB bays and Mother and Child bays (just) to pick up cash from the cashline - takes two hours to spend it then! I have no sympathy for you or your plight, you should morally pay the EuroParks request, and think on for the next time.

Sorry, but it is certainly morally justifiable, and roll on the legislation making it legal to issue fines for BB bays wherever they are!

timer

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