Asda Car park

[JonCris]

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

 

They can but it depends on how they word their signs. As has been pointed out they cannot fine or penalise anyone & to claim they can nullifies any such charge.

 

I too support their action & have written to them advising them of this anomaly & offered an alternative wording none of which mentions 'fines' or 'penalties' etc:

[green_and_mean]

Asda's sign says 'displaying a valid blue badge'. What type of blue badge and valid to whom? Nobody is talking about 'copying' the Disabled Person's Blue Badge issued by the local authority, neither does Asda's sign specify that it needs to be a certain type of 'blue badge'.

 

Council signs do not state what type of Blue Badge is accepted either but its in the TRO I assume that ASDA will have a set of terms and conditions available for inspection to those that wish to park there.

[patdavies]

Council signs do not state what type of Blue Badge is accepted either but its in the TRO I assume that ASDA will have a set of terms and conditions available for inspection to those that wish to park there.

 

 

A TRO is an expression of statute. It is deemed to have effect regardless of whether or not the motorist bothers to read it. There is a required regime of publication/implementation and a TRO must have proper and lawful signage in order to be enforceable.

 

OTOH, anything published by ASDA would be a contract term (as you say T&C). To be effective these would have to be available, in full, before the contract was entered into. It would not be possible to apply them after parking as this would be a contract variation outwith the agreed contract.

[JonCris]

Agreed pat. The terms must be available at the entrance to the CP & to ensure users understand at the disabled bays

[battyboomboom]

They can but it depends on how they word their signs. As has been pointed out they cannot fine or penalise anyone & to claim they can nullifies any such charge.

 

I too support their action & have written to them advising them of this anomaly & offered an alternative wording none of which mentions 'fines' or 'penalties' etc:

 

You can call a penalty whatever you like but it is still a penalty under contract law!

[BADGER 69]

If they were to put a price for parking in disabled/parent & toddler bays and then say it is free to the disabled & parent and toddler. That would not be a penalty or fine.

[JonCris]

Badger they would have to be careful as that might be described, by the envious, as discrimination against the able bodied

[Bookworm]

Are you sure, JC? A lot of companies have different fares or discounts for the disabled, I don't think it would count as discrimination.

 

Did you know that when you cross the Forth Bridge, disabled drivers don't have to pay the £1 toll? In practical terms, it's not a big thing, I just thought it was a nice gesture. On coming back down, I checked if the Dartford one were doing the same... yeah, right, fat chance.

 

Likewise, attractions sites often have a reduced fee for the disabled (not including the "carer goes free" which is a different story), but I don't see how it could be seen as discrimination towards the able-bodied.

[patdavies]

Bookie,

 

I think that JonCris's point might be as regard parent/toddler or parent/child bays. Parenthood (unlike disability) is a lifestyle choice.

 

These bays are a pure marketing ploy and a waste of space. I have no compunction about using them when the rest of the car park is full and I am either shopping with my mother or my adult children.

[Bernie_the_Bolt]

Bookie,

 

I think that JonCris's point might be as regard parent/toddler or parent/child bays. Parenthood (unlike disability) is a lifestyle choice.

 

These bays are a pure marketing ploy and a waste of space. I have no compunction about using them when the rest of the car park is full and I am either shopping with my mother or my adult children.

 

I think some may take the view that it is rather a more fundamental thing than that. Parenthood is not in the same category as wheter or not one has a gym membership or owns a Wii.

 

Personally I have no compunction about using them at a time when toddlers (in reality it is parents and toddlers who these spaces are aimed at) should be in bed (ie generally after 8pm) but my actual use depends on how many spaces are free.

[JonCris]

I agree with both pat & bernie (& you know how that makes me mad)

 

BW I mention the possibility of discrimination against the able bodied becoming an offence because that's the way the law is developing.8)

 

People feel that if they are not in a specific category such as disabled, homosexual or black then they are being discriminated against:o

 

As if to publicise the point a heterosexual is suing his former employer, a blind company, for discrimination.:grin:

 

He was constantly taunted as being gay when he isn't - his case is being supported by the government agency responsible for policing discrimination:rolleyes:

[Bookworm]

That's it, I'm suing you all: People keep on referring to me as a bloke on this forum.

[JonCris]

I shouldn't shout about it BW it could be a lot worse

 

 

 

 

 

[patdavies]

I agree with both pat & bernie (& you know how that makes me mad)

 

 

/Goes to lie down to recover from the shock/:grin::grin:

[ShortlyTdwarf]

Just to add fuel to the fire on this one, in answer to a question posed to ASDA head office as to how they intended to enforce these "fines" the reply i got was:

 

 

Thanks for getting in touch and letting me know your thoughts on our decision to fine our customers who incorrectly use our specialist parking bays.

 

Our customers told us that they wanted us to improve the way we look after our specialist parking bays and we've listened. The wider spaces are a necessity for our disabled customers and parents with young children. The extra room means that our disabled customers can easily get in and out of their car and into a wheelchair if they use one, and parents can easily get baby carriers and their children in and out easier and without damaging the car parked next to them.

 

Over the years we've tried lots of different ways to make sure only customers with genuine needs use the disabled and parent and child spaces. Last year we chose a few stores in the Liverpool area and trialled fining customers when they misused the spaces. During this trial we saw the number of free specialist spaces increase by 60% and 4 out of 5 of the customers we surveyed thought we should roll out the scheme across all our stores. The results of this trial and the feedback we were given has convinced us this is the right thing to do.

 

It's not our intention to catch out unsuspecting customers so we've put up signs all around these parking spaces to let our customers know what we're doing. Neither is it a money making opportunity for us as any money raised will go to the baby charity Tommy's and Motability, the national disability charity. We know that there may be a small number of people who don't agree with us on this, but we really do feel that we have to do something to protect these spaces and help make shopping at ASDA as stress free and easy as possible for everyone.

 

Kind Regards

 

Lucy Robinson

ASDA Service Team

Not a word about what was asked of them, and certainly not a good reply even if I had been "letting her know my thoughts on their decision to fine", which i hadn't.

 

So I mailed her back and told her that her reply wasn't in any way an answer to the question asked, as to how Asda intended to enforce these fines, and that the customers had a right to know what Asda policy was in regards to enforcement. And guess what???

 

Thank you for your email.

 

Unfortunately, this is ASDA policy and if fines are not paid it will be passed onto a debt collector's agency, I'm sorry you are unhappy with this and I have now passed on your comments to the relevant department here at ASDA House.

 

Thanks again and if there is anything else I can help you with please don't hesitate to contact me.

 

Kind Regards

 

Lucy Robinson

ASDA Service Team

 

Yep, you guessed it. They're going to use those disreputable DCA's we all hate so much.

 

Think I may have to take a trip to my local Asda and conveniently forget to put me badge on display when I park. pmpl (yes I am disabled, and permanently in a wheelchair, but as much as I hate those people who abuse disabled bays when I need to park to do me shopping, I hate the DCA's a lot more.)

[Barnsley Boy]

I must admit to being in two minds about this disabled bay contract parking thing.

 

On the one hand I'd never see any circumstances when I, as reasonably bodied and reasonably polite would ever use the things, I have no wish to inconvenience disabled people.

 

On the other hand I abhore the use of beyond the pale sleezy parking companies. If the supermarkets themselves were to administer the scheme and set the charges at a reasonable £20 [ALL monies going to charity], whatever the legality, I personally would not object.

 

The current situation - £50 to the ppc, £10 kickback to the supermarket, "profits" [whatever they are] going to charity, is completely reprehensible and should be fought by able bodied & disabled alike.

[JonCris]

You should write back & point out the term 'fine' or 'penalty' implies they have statutory powers & it's use will invalidate their charge

[sean the sheep]

Neither is it a money making opportunity for us as any money raised will go to the baby charity Tommy's and Motability, the national disability charity )

 

So Asda really think that by stating this on their publicity material people will believe it ? Unfortunately their marketing Department are quite clever and most people do believe it and then Asda get a big sympathy vote as most people would think ' If all the money goes to charity then that makes 'fining' people all ok' - although in reality as we all know this is all a load of c**p - hardly any money goes to charity , I somehow don't think their ppc will work for them for nothing . Strange that in all their publcity they don't even mention employing a ppc at all !

This really makes my blood boil that Asda know exactly how unlawful and nonsense these charges actually are but still go ahead with them. Even their press releases are full of holes but they are completely ignorant of this. What exactly will it take to make them listen ?

[JonCris]

I have no problem with them policing their parking but I do have a problem about the way they intend to go about it

 

The desire to penalise all & sundry even by those companies who rely on us for their very existence seems to become ingrained in the minds of both our so called public servants & now business.

 

IMHO that we really do have our government to blame who appears to want to make everyone a criminal.

 

As a result they are letting the jobs-worths take over & they, like the government, are running amok

[pin1onu]

What exactly will it take to make them listen ?

"Every Little Helps"

 

Maybe the sound of customers voting with their feet will make them listen.

 

That said I think the message about how to fight this method of "parking enforcement" is entering public consciousness thanks to BBC Watchdog and articles in a number of regional newspapers and websites like this one.

 

Much as it pains me to say it let them insist on their "fines" surely its better than the next easy alternative in the parking enforcement arsenal - clamping and/or towing.

[seanamarts]

Im all in favour for clamping down on people parking in the wrong spaces. Im sick and tired of people parking in disabled bays when they are clearly not disabled. I am a disabled driver and have had to park in normal spaces far from the shop itself because of ignorant lazy people who dont give it a second thought how disabled people need these spaces.. they are not a luxury to us they are a necessity. disabled people try and live as normal a life as we possibly can and we like most people need to shop and sometimes its the only time we do get to go out and feel a bit of normality to our lives.

So what if the signs are worded wrong the simple fact is DONT PARK THERE unless you are disabled. Do you think it right that some one should get out of paying for a fine/charge what ever because the signs were worded wrong?

No they shouldnt because they shouldnt of parked there in the first place, they have deprived a disabled person, some one who is less fortunate than themselves and who cant just nip out and in again for a 6 pack of beers or what ever, from trying to do the best they can in having a normal life.

I entered a small carpark the other day with just one disabled bay that was situated near the front of the shop, the car park was almost empty, in the disabled bay was a white work van belonging to some workmen building in the next building to the shop. I had to park some where else. They watched me struggle with my sticks to get out of my car and walk to the shop and back again with bags of shopping, they all sniggered as I dropped my bags when I tried to get back in my car. It felt awful and I felt very intimidated by this. Lucky for them there was no signs to say they couldnt park there, if there had of been then I would of gladly reported it to the shop who owned the carpark. try living a day as a disabled person out shopping and see how you get on.

[robin9342]

This is precisely why we exist, Sean. It does honestly give me pleasure to hit some of these inconsiderate cretins in the wallet.

Sorry, couldn't resist:

[seanamarts]

Sorry, couldn't resist:

thats a bit childish isnt it ?? I dont often agree with these parking controllers but its time some one stood up and did something about inconsiderate parkers. I agree they do over charge and most dont play by the rules. but if people didnt park in places they shouldnt and have no good reasons for parking there then they shouldnt be allowed to get away with it. maybe hitting these people in the wallet is the only way to stop them from doing it again

[sean the sheep]

Unfortunately I don’t really thnk there is any easy way around this problem.

seanamarts is absolutely correct in criticising the selfish people who park in these spaces when they know that morally this is wrong, and I can understand the frustration but on the other hand myself and others such as pin1onu who know these methods of enforcement are unlawful and wrong are also correct in criticising these companies such as Asda for having such a blatant disregard for the law. They simply cannot be allowed to attempt to bully, threaten and try to 'fine' people when they have no legal right to do so. It is up to them to to try to find a system that is legal and is fair to everyone.

[HSBCrusher]

Minstreller, considering your other posts made this evening I am sure you are here for one purpose only.

If you are not here to help people who are being victimised by car park companies who think they can operate above the law then can I suggest you refrain from posting.

Any further trolling is likely to result in moderation.

 

Crusher