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So much wrong with this article, I don't even know where to start!


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I'm not too fussed on the terminology issues and I know this is Scotland but I'd like to know more about this:

 

The scheme comes as a result of legislation passed last year that prevents the misuse of disabled parking places and the ability to impose fines on those who do. The law allows a fine of up to £1,000 to be charged, with the average being £30
.

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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I had an unecessarily drawn out correspondence with Sainsburys over their leaflets that stated that they would issue 'fines' to people abusing their disabled/parent & child bays.

 

It took some time and several emails for them to acknowledge that ther term 'fine' was inappropriate, and they finally stated that they would remove the leaflets.

 

"Thank you for getting back to me. You’re right to point out that the leaflets in our Nine Elms store shouldn’t refer to ‘fines’ and I’m pleased to say that we’re going to be removing them."

 

They didn't. :mad:

Why aren't we revolting?

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I took this up with sainsbury's end of last year, emails still bouncing back and forward , first reply was their excuse about the word fine, " your reading not in the way we intended " last excuse Parking Co is our agent yuo have to take it up with them, not our problem, strange TS are asking have I had any more dribble from them ,

 

time to prompt their CEO again for the long awaited response :rolleyes:

and typical press using the word fine and penalty on private property

 

oh and when did this happen > The scheme comes as a result of legislation passed last year that prevents the misuse of disabled parking places and the ability to impose fines on those who do. The law allows a fine of up to £1,000 to be charged, with the average being £30. a change in the LAW , no only in their dreams

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I took this up with sainsbury's end of last year, emails still bouncing back and forward , first reply was their excuse about the word fine, " your reading not in the way we intended " last excuse Parking Co is our agent yuo have to take it up with them, not our problem, strange TS are asking have I had any more dribble from them ,

 

time to prompt their CEO again for the long awaited response :rolleyes:

and typical press using the word fine and penalty on private property

 

oh and when did this happen > The scheme comes as a result of legislation passed last year that prevents the misuse of disabled parking places and the ability to impose fines on those who do. The law allows a fine of up to £1,000 to be charged, with the average being £30. a change in the LAW , no only in their dreams

 

They are actually correct the legislation came into force on Oct 1st 2009.

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have you a link to this , as far as I knew it was still in the stages of a proposal ?

NEVER FORGET

 

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http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

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Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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have you a link to this , as far as I knew it was still in the stages of a proposal ?

 

Think this might be it...

 

http://www.opsi.gov.uk/legislation/scotland/acts2009/pdf/asp_20090003_en.pdf

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Disabled persons parking places (scotland) act 2009

 

But isn't that about Local Authorities power rather than power to shopping centres?

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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But isn't that about Local Authorities power rather than power to shopping centres?

 

I've been reading through and thought that also! There is reference to off street parking but can't make head nor tail of it to be honest.

 

Also, since when did private companies become eligible to collect and keep fines on behalf of the crown??

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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Well reading that the authorities have a lot of work to do.

 

Now I might be missing something here, but that act tells us the rules the authorities must follow with regards to creating/monitoring/removing disabled parking spots (and in fact limits the on street spots to where a disabled person lives only). Pretty easy to get out a ticket when the authorities invariably fail to keep up their requirements.

 

As for disabled parking spaces in private car parks, this has nowt to do with them and they continue to be courtesy spots imo

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Unless I'm mis-reading the Act it appears that the local authority is entirely responsible for collecting and maintaining records for the "off-road" spaces. This would infer that they are responsible for collecting the fines.

 

If so the development mentioned are collecting the fines???

 

Certainly wouldn't win a "plain English" award

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Here is a link to how Angus Council interpret these changes:

 

Legal Status Of Disabled Persons' Parking Places

 

 

Now, having read the link posted by Welshman, I do not reach the same conclusions as Angus Council.

In fact, if the council mark out and sign the spaces on private property (eg supermarket carparks) then surely the counil are then responsible for the maintenance of said carparks. Doubt the landowners or councils want to be in that position. The link certainly does not give private landowners the right to "fine" people for using these spots.

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So we are still at the point of implying that the council is responsible for "patrolling" the spaces and fining people then on private land?

 

If landlords are "allowed" to use contractors then who pays them and where do the "fines" go?

 

Surely the legislation is a nonsense.

 

How did it get passed in the first place?

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Well my understanding is that for it to be enforceable it must be designated by the authority, maintained by them and monitored by them. The legislation rules out the ability to have designated disabled spaces on street unless to give access to a household.

 

Off street, council will not do the above unless they can assume & maintain the carpark, landowners will be wary of letting go of control of the land they own. Therefor they will not allow the council to mark out and sign these spaces, hence the disabled spaces in "private" car parks remain courtesy and no penalty may be applied.

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Can I bet that most people ticketed are blue badge holders who have made an error?

 

And presumably "All profits from tickets issued are added to the centre’s Silverburn Cares fund, which supports charities and not-for-profit organisations" means the small chunk going to the centre, not the majority kept by the PPC.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Most stores have a sign stating "For blue badge holders only" but very few state that the badge has to be displayed as they cannot force you to display the badge on private property. The new regulations only apply to Scotland and are not in force in the rest of Britain. Although I have a blue badge I don't worry about displaying it whenon a supermarket or similar car aprk. I am however very careful on council property including street parking.

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