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Sainsbury's 'fines'


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I picked up the leaflet below in my local Sainsbury's. I thought others here might be interested:

 

sc0021f9cb.jpg

 

sc00220c6e.jpg

 

 

They use a PPC to issue 'parking charge notices'.

 

I contacted Sainsbury's and suggested that they had no authority to issue fines, and that the leaflet is misleading as to fact and in that it tries to legitimise unenforceable penalties. Their reply was that they can 'issue fines because we are the landowner'.

 

I've spoken to the Advertising Standards Authority and have now made a formal complaint to them.

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Asa disabled Driver I cant really see what you find to complain about.

 

I simply think that Sainsbury's literature should be factual, honest and not breach advertising regulations. Sainsbury's aren't above the law any more than disabled drivers are.

 

I do not condone the actions of anyone who does not possess the appropriate permit parking in disabled bays, any more than I condone the actions of those who abuse such permits.

 

Whilst parent and child bays have no legal status, I actually approve of them - it prevents the possibility of damage from poor driving of Chelsea tractors and brats opening doors carelessly.

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I'm all for the inconsiderate people that use disabled bays / Parent toddler bays being charged (and dare I say clamped) when they do not qualify to use these spaces.

 

What I am NOT for is the likes of Sainsburys, Morrisons, retail Parks, restaurants etc. sending out their invoices via a PPC for overstays, parking on a white line etc. when you are a genuine customer and sending intimating correspondence in order to try and extract disproportionate sums of money from them.

Edited by asmodeus
Grammer before I am accused of being a clamper !
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Asa disabled Driver I cant really see what you find to complain about.

 

Whilst there are indeed "Moral" grounds for not parking in Disabled Spaces and Parking & Child bays in supermarkets they are no different to any other parking space - aside from the nice blue or green paint on the ground.

 

A disabled Blue Badge has no legal status on private land.

 

The point being made by SP is that Sainsburys are suggesting otherwise and that a "fine" can be issued. Complete twoddle. Any Invoice issued is no different to any other issued by a PPC.

 

I'm sure you will find that the vast majority of users (I'll include myself in that lot) will allow these spaces to be used by those who can best make use of them - it is probable that those that choose to park in such spaces whilst they nip in for a pack of 20 are the type of people who go through life being ignorant and inconsiderate to others anyway.

Edited by Blagton
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I just find it [EDIT] unbelievable a shop welcomes its customers with leaflets threatening to fine them.

 

you unwittingly become the "customer" of the PPC, and for what? for someone else to make a buck by intimidating people into paying

Edited by Rooster-UK
Swear filter bypass in quote.
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I've spoken to the Advertising Standards Authority and have now made a formal complaint to them.

 

We shop at Sainsbury's and we also hold a Blue Badge.

 

Disabled bays on private property have absolutely no legal status

whatsoever, they have the same legal status as, "fines", issued

by a supermarket chain.

 

We're going shopping on Sunday, and if I find one of those leaflets, I

too will be making a complaint to the Advertising Standards Authority.

 

I also wonder what the Police would think about a supermarket

chain openly advertising the fact that they are fining their customers?

 

I might also add that the leaflet DOESN'T say anything about displaying

said Blue Badge.......

Only use a disabled bay if you have a valid Blue Badge

This could be interesting!! ;)

Edited by diskmandave
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Also... In the event of a dispute due to failing to display,

forget the fine argument, forget the unenforceable invoice

argument, who is the contract with? The driver or the Blue

Badge holder, in the event that they are not one and the

same, as is the case in our situation..

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Another interesting argument...

 

When Mum and I go shopping, if I park in a, "Parent and Child" bay, in

theory, and by strict definition, I'm not doing anything wrong...??

 

Only Mum and I in the car... Mum is the parent, and I'm her child..?

There's absolutely NO arguing away from that.. Makes absolutely

didley squat difference that Mum's 78 and I'm 44...

 

I can see this going somewhere.. :D

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If we believe that customers are misusing these bays, our policy is to ask them to move their vehicle. If they refuse to do so and the car park is managed or owned by us, we will issue the driver with a fine. Indeed, in 2007 we issued more than 5,500 penalty charge notices to customers misusing parent and child bays and disabled parking bays.

 

 

IN 2007

 

So, it's not NEW then...?!!

 

Ashton Under Lyne Sainsbury's has ALWAYS been patrolled.

 

Whilst I respect the theory behind what they're trying to do, they're

acting outside of the law... Only a Judge or the Police can issue a fine,

or a FPN, and only a Local Authority can issue a PCN.

 

Sainsbury's are taking the law into their own hands..

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if they get a few 1000's on there they may think again

 

Asda & Tesco have been doing this for years....

 

The day after, "The Judgement", this is a little more than convenient..

 

Expect many more to follow... Sainsbury's are just jumping on the Money Tree..

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I've spoken to the Advertising Standards Authority and have now made a formal complaint to them.

If you've taken the time to make a formal complaint to the ASA why not complain to Trading Standards as well. I would suggest that this clearly breaches the Consumer Protection From Unfair Trading regulations. It is a misleading factual statement which will cause consumers to act differently than they otherwise would have. Something that clearly falls under the CPUT regulations and into TS's remit as well.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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