Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
    Basic Account Holder Gertie100 Novitiate

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    Default Asda Car park

    Anyone listen to radio 5 approx 5.30pm yesterday?
    Apparently Asda are going to start ticketing / clamping people who abuse the disabled / parent & child parking spaces (and I don't mean standing there and shouting at the space )

    The presenter clearly asked if they had the right to do this, and the answer was yes, because the car parks were private and run by a management firm who are registered with the DVLA.
    The pilot scheme ran in Liverpool, and is just about to be rolled out in London before it hits all asda stores.

    I shop in Asda, but do not park in disabled or parent/child (unless my girl is with me). However there are rumblings in our local town that Asda are going to put a limit on the time in which you can park in their car park. The shop is in the middle of the town centre and people park there regardless of whether or not they are visiting the shop because as far as Joe Public is concerned it is simply another town centre car park.
    So it wouldn't surprise if eventually they also tagged this restriction to the abuse of restricted spaces.

    Question is in a nutshell:
    Do Asda have any rights at all to apply charges for any of the above.
    Currently the car park is free - as are all the car parks in my town.

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  2. #2
    Basic Account Holder IIIUMINATI Novitiate

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    Default Re: Asda Car park

    I am totally support Asda and would gladly provide my services free of charge to issue tickets to people who have no consideration for others.
    I have noticed that most abusers drive very expensive cars or 4x4`s
    which they can`t park due to there inability to control the vehicle.
    I would also clamp the vehicles and get immediate payment thus saving paper work appeals etc.
    Good make the fine 500 400 for charity


  3. #3
    Basic Account Holder MikeBigg Novitiate

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    Default Re: Asda Car park

    They do have the right to apply charges for parking - it is their land after all.

    What they don't have is the right to apply penalty charges when someone overstays or parks in the wrong place.

    Mike


  4. #4
    Basic Account Holder Gertie100 Novitiate

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    Default Re: Asda Car park

    So they can not ticket / clamp people who park in spaces they shouldn't?

    IIIuminate - I'm going to ignoreicon your post as that is not what the question was about. Go start your own thread instead of hi jacking everyone elses.


  5. #5
    Basic Account Holder IIIUMINATI Novitiate

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    Default Re: Asda Car park

    The land belongs to Asda and by using there land you are entering into a contract.
    The terms and conditions are clearly displayed and if you don`t like them you have the choice to leave.


  6. #6
    Basic Account Holder Gertie100 Novitiate

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    Default Re: Asda Car park




  7. #7
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    Default Re: Asda Car park

    Quote Originally Posted by IIIUMINATI View Post
    The land belongs to Asda and by using there land you are entering into a contract.
    Very unlikely. The land will belong to ASDA's landlord in most cases. And it will be their land.

    You cannot enter into a contract (implied or otherwise) merely by being present on the land. There must be adequate, legal and enforceable, signage to provide the terms of any implied contract and these should be available to the driver before they park. It could then be held that the driver, by parking, has made an informed acceptance of the implied contract. Note than any such contract can only be with the driver and not the RK as RK.

    I suggest that you read up on private parking on the forum before posting. That way you will have a much better understanding of what can and what can't be done about parking on private land.


  8. #8
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    Default Re: Asda Car park

    Naturally the owner of the land can try to do anything they want within reason, but noticed this article today and PMSL.

    Whoops!

    ASDA to fine drivers in wrong parking bay

    ASDA is to fine drivers for the misuse of disabled and parent and child parking bays in its car park at the Crumbles Retail Park.

    All profits generated from the fines will go back to baby charity Tommy's and Motability, the leading car scheme for disabled people.

    The move, which is part of a national policy from the group, will see abusers fined 60 for parking in parent and child and disabled spaces and comes into force over the next few weeks.

    The scheme was trialled in the north, and when surveyed four out of five ASDA customers supported rolling out the scheme Nationwideicon.

    The trial, which lasted three months' operated in six stores in Liverpool. As a result the number of free parking spaces increased by more than 60 per cent for disabled drivers and parents with young children.

    A spokesman said, "At ASDA we have decided to take a stand to keep specialised parking spaces available to those customers that need them.

    "Most customers using these bays without good reason don't realise their actions impact on people who rely on them to do their weekly shop.

    "We are not handing out tickets to make a profit as money raised will go back to charity.

    "Signs in all stores will clearly state that you will get a fine if you park here unnecessarily.

    "We would encourage anyone who manages a car park to take our lead."

    Jane Brewin, chief executive of Tommy's, the baby charity, said, "A routine trip to the shops can turn into a nightmare for some parents — especially when they don't have adequate parking spaces and other much-needed parent and baby services made available to them.

    "Tommy's believes that organisations that claim to put the needs of parents first should seriously look at their parking policy for parents to uncover whether their schemes actually work in practice.

    "ASDA is setting a great example by ensuring that supermarkets are as accessible for parents as possible, by penalising those who exploit bays specifically reserved for parents with young children.

    "Putting fines in place for parking misuse is a bold move by ASDA but is the right one for giving parents with young children a helping hand."

    From the Eastbourne Herald 11/1/08


  9. #9
    Basic Account Holder MikeBigg Novitiate

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    Default Re: Asda Car park

    Its from an Asda press release:

    Asda Press Centre

    lazy journalism - not checking the facts before printing. Sigh.


  10. #10
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    Default Re: Asda Car park

    This
    parent and child
    and this
    parents with young children.
    are not synonymous.

    Parent/child spaces have no parallel in highway parking - unlike disabled spaces.

    If I take my 86 year-old mother or my 22 year-old son shopping, I presume that I can use a parent and child space?

    At what point does a child cease to be 'young'; by definition a child nust be younger than the (natural) parent?


  11. #11
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    Default Re: Asda Car park

    Quote Originally Posted by IIIUMINATI View Post
    I am totally support Asda and would gladly provide my services free of charge to issue tickets to people who have no consideration for others.
    I have noticed that most abusers drive very expensive cars or 4x4`s
    which they can`t park due to there inability to control the vehicle.
    I would also clamp the vehicles and get immediate payment thus saving paper work appeals etc.
    Good make the fine 500 400 for charity
    I have never heard such a load of bowlarks in all my life

    Tip us a wink on my scales if you think I may have helped at all
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  12. #12
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    Default Re: Asda Car park

    Quote Originally Posted by patdavies View Post
    If I take my 86 year-old mother or my 22 year-old son shopping, I presume that I can use a parent and child space?

    At what point does a child cease to be 'young'; by definition a child nust be younger than the (natural) parent?
    Absolutely.

    I have no qualms about using parent and child parking spaces when visiting a supermarket with my 9 year old and where there are no unmarked bays available. I am a customer, spending money in their store and profiting them by doing so. They earn no less from me than they would from somebody with a smaller child so I am not depriving the store of money, nor greatly inconveniencing anybody else, and there is no signage to suggest any age limit for use of such spaces.


  13. #13
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    Default Re: Asda Car park

    Quote Originally Posted by Gertie100 View Post
    The presenter clearly asked if they had the right to do this, and the answer was yes, because the car parks were private and run by a management firm who are registered with the DVLA.
    Registered with the DVLA - thats nice. That means they can get the RK details from the DVLA.

    I wonder if they are registered with the SIA? They need to be if they are going to clamp people.


  14. #14
    Basic Account Holder electron99 Informative electron99 Informative

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    Default Re: Asda Car park

    Supermarkets are very sensitive to prices and profit margins, which is why they are continually having price wars with each other through the press.All it needs for every one to write to their local newspaper saying they will take their custom elsewhere for this nonsense to be stopped'
    I wonder if Asda will in future include in their newspaper adverts that their 'fines' for parking and shopping with them are cheaper than Tesco's.


  15. #15
    Basic Account Holder Nemeses Novitiate

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    Default Re: Asda Car park

    Quote Originally Posted by electron99 View Post
    I wonder if Asda will in future include in their newspaper adverts that their 'fines' for parking and shopping with them are cheaper than Tesco's.
    That's Asda Price - Every Little Helps


  16. #16
    Basic Account Holder BADGER 69 Novitiate

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    Default Re: Asda Car park

    ASDA's have a store in Bedminster Bristol right in the middle of the Bedminster shopping area. This of course is very attractive to other shoppers. ASDA's deal with this by charging, unless you have a receipt for making a purchase in their store at that time. Incidently this was common practice in some car parks in the U S where the car park had agreements with local businesses. An idea that shoul be adopted in this country perhaps.


  17. #17
    Basic Account Holder emsgeorge Novitiate

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    Default Re: Asda Car park

    Is asda simply being led by the reaction to the introduction by Tesco of ANPR cameras into 99% of their car parks, IE no real adverse reaction !.

    My local asda is in a town centre, and has had ticketing or a 'civil car parking chargeicon' as they like to call it for about 3 years now.

    First Tesco, now Asda - only a matter of time until Sainsburys decides to go the same way. At least they seem to be donating it to charity rather than using it to line their pockets.


  18. #18
    Basic Account Holder electron99 Informative electron99 Informative

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    Default Re: Asda Car park

    Quote Originally Posted by emsgeorge View Post
    First Tesco, now Asda - only a matter of time until Sainsburys decides to go the same way. At least they seem to be donating it to charity rather than using it to line their pockets.
    I am very cynical about this statement.Asda say the Profits will go to charity; i.e what is left after expenses are paid. These could be anything up to 99% of the penalty charges, leaving 1% to charity.I would be much happier if they said ALL charges collected would go to charity; and finance the policing of their car parks themselves - after all it is nominally their property.


  19. #19
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    Default Re: Asda Car park

    I can ALL free customer parking in areas of high demand for parking being phased out soon. Whilst I realise these companies make large profits once all the parking spaces end up being used for the entire day by commuters parking and catching the train/tube they will start charging. Why should B&Q pay for a huge car park for it to be filled with people going to the Cinema or Asda provide parking for the local hospital? Up until now most drivers do get scared and worry about PPC notices. Starting a public campaign against them and informing people these companies are powerless is only going to end up with one result, everyone will pay to park to go shopping.


  20. #20
    Basic Account Holder BADGER 69 Novitiate

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    Default Re: Asda Car park

    Not at all green man. The owners of the car park can do as I previously mentioned. it's free if you use the business and a time limit can be put on the length of stay. Say two hours free for shopping in their store.

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