Private Disabled Bay Ticket

[dberg369]

I just got a £60 'parking charge' from a private firm.

Please let me know what you think my chances are of a successful appeal.

Here are the facts:

• I parked in a disabled bay in a retail park outside a restaurant to run in and get a telephone order
  
• I'm not disabled.
  
• There were no other available spaces outside.
  
• There were at least 2 or 3 other available disabled spaces next to the one i took.
  
• I was in the restaurant for 5 minutes.
  
• The warden who I found afterwards said he would make a note that I was only there for 5 minutes.
  
• The space itself was clearly marked.
  
• I'm not sure whether the car park itself has a clear sign upon entering that explains the 'contract' - I will check this tomorrow.
  
• The warden said he had taken photos.
  
• The front of the ticket says 'Parking Charge' in black writing on a yellow background which resembles the Government issued tickets.
  
• The ticket is for £60 increasing by £3 per day after 10 days.
  
• With any appeal they have stated I should include payment which will be repaid if the appeal is successful.

I know I took a gamble but really didn't think I was doing any harm given the other spare disabled spaces and my short stay.

What do you guys think?

[davjoh]

Dont pay, ask them to prove a contract. If they can't, the fee is not enforceable. If they can, it's a penalty. Lots of similar posts in here. Do a search.

 

Oh, and I'd add out of principle I think you deserved the ticket. If another two or three people had done the same thing as you at the same time, someone like me would've sighed and driven back home because I didnt have a space close enough to get to the place I need to. I hope you enjoyed your takeout.

 

Davjoh

[Zamzara]

Oh, and I'd add out of principle I think you deserved the ticket. If another two or three people had done the same thing as you at the same time, someone like me would've sighed and driven back home because I didnt have a space close enough to get to the place I need to. I hope you enjoyed your takeout.

 

But if all the other spaces were taken, the OP would have had to sigh and head home too, because there wasn't a space where he needed to get to.

[octron32]

Oh, and I'd add out of principle I think you deserved the ticket. If another two or three people had done the same thing as you at the same time, someone like me would've sighed and driven back home because I didnt have a space close enough to get to the place I need to. I hope you enjoyed your takeout.

 

but surely if all the spaces had been taken by disabled persons you would have stilled sighed and driven back home because you didnt have a space close enough to get to the place you needed to?

[davjoh]

But if all the other spaces were taken, the OP would have had to sigh and head home too, because there wasn't a space where he needed to get to.

 

...or, heaven forbid, he could have parked a little further away and, wait for it, WALKED? :eek: That's a priviledge I, and almost all other blue badge holders aren't afforded; and that is one of the reasons we have the spaces.

 

All the other spaces being full doesnt give him the right to park in ringfenced spaces. Would he have done it on a public highway? Would he have parked in an emergency services bay?

[davjoh]

but surely if all the spaces had been taken by disabled persons you would have stilled sighed and driven back home because you didnt have a space close enough to get to the place you needed to?

 

Yes, I would, but it's a little different if another person with disabiliities is the one who's got there first. If it's someone who should not be there at all it gets quite frustrating.

[demon_x_slash]

Agree with davjoh - in principle, you deserve the ticket; my disgust for people who park in disabled bays knows no bounds. Legally however, it's another story. Read the sticky at the top of the forum about private parking tickets; it'll tell you all you need to know.

[reallymadwoman]

If I need to go to my GP surgery (very small car park, 2 disabled spaces) and the car park is full - it always is - then I have 2 choices, park on double yellows and risk a fine or park about 1/2 a mile away and walk, which I can't do. I have no choice but to risk a fine.

If my OH wants to go to the take away and the car park is full, he has 3 choices, park in a disabled space, park on double yellows or walk. He walks. No fine.