@morrisons Parking Eye - Morrisons

[Direct Action]

Hi

 

 

Two hours are allowed for shoppers to park in Morrison's car parks. After complaints, I believe some Morrison's supermarkets have told disabled customers to go to their Customer Service Desk to tell them they need more time to shop so Parking Eye won't ticket them. I can't understand why Parking Eye can't just allow Blue Badge holders more time instead of expecting disabled shoppers to go to the Customer Service desk.

 

 

I've asked Parking Eye if they have it in the rules to give disabled people more time but they just keep saying that they do allow people more time. They don't actually answer my question.

 

 

Is this legal under the DDA? Disabled people need more time especially if they visit the café as well as shopping. Is there anything that people can do to change this?

[Sidewinder]

The DDA doesn't exist any more - if you are using law to make a case then you need to quote the Equality Act

 

Notwithstanding that then yes, any PPC should show that reasonable adjustments are in place to allow for the fact that a disabled user may require special consideration, but a Blue Badge is completely irrelevant on private land, as are specially marked spaces.

 

Parking Eye will never admit to this as they are in the business of generating profit, and make sufficient income from ignorance that they wouldn't want to give people a get out!

[Direct Action]

Thank you for your reply. I imagine Parking Eye think they're being reasonable with going along with Morrisons telling disabled customers to go to the Customer Service Desk. I don't see why people should have to do that. There must be an easier way around it.

[armadillo71]

ANPR does not monitor who uses what space.

 

ANPR is not car park management,.

 

It only takes a photo of a number plate at a certain place at a certain time... if it sees it.

 

Tell Morrisons this.

[i hate bailiffs]

Make a complaint to the ceo of Morrison's

The more people that do so the sooner they will get rid of parking lie

 

Not how customers should be treated they need your custom

[Direct Action]

Several of us have complained, this is why the Manager of our local Morrison's has tried to compromise. Will go to the top of the tree now!

[renegadeimp]

Ignore them and just appeal. Same as with any ppc

[ericsbrother]

Morrisons have to power to tell PE to cancel a ticket but their contract with PE states that only a certain number will be cancelled, regardless of the merits of all of the claims. This is one of the reasons PE are getting booted out of most Morrisons so an enquiry as to whether PE even have the right to be there would be worth doing.

[ericsbrother]

In the meanwhile you can also ask Morrisons how they are making adjustments to take into account your disability such as longer parking allowances. As said, the ANPR cannot determine who has parked where then both Morrisons and PE have a lot to answer should you feel like going down that road.

[walkinthepark]

It's all very interesting. I've had quite a few complaints from people about the parking issue so these comments have given me food for thought. Thank you everyone.

[ericsbrother]

It's all very interesting. I've had quite a few complaints from people about the parking issue so these comments have given me food for thought. Thank you everyone.

If you are a decision maker when it comes to parking control then I would suggest that you look at methods of parking control that benefit the store and its customers and not the parking companies. None of these companies "manage" car parks, they dont keep them clean or provide security in any meaningful sense and all of the problems you see heer are for matters that are so trifling it cannot be said that it is in the stores interests.

I think that barriers that recognise bar codes on till receipts along with some low level (in numerical terms ) human interaction is preferable. Although this means that the store pays for the infrastructure there is a greater level of control and proper security shoud it be needed. If you dont want security then interaction moving trollies or litter picking whilst TALKING to people about how you want the estate run would be good. With certain exceptions people would rather be asked to avoid disabled bays by someone wearing the same uniform as the person who is going to serve them inside compared to someone dressed in a manner that could be viewed as oppressive or confrontational.

[Direct Action]

I've emailed the CEO at Morrisons and I will keep you posted on his response.

[Direct Action]

No reply as yet.

 

 

Have I seen Parking Eye's constitution on here? I'm sure I read it somewhere. There wasn't any reference to giving disabled people more time. I can't seem to find it.

[armadillo71]

No reply as yet.

 

 

Have I seen Parking Eye's constitution on here? I'm sure I read it somewhere. There wasn't any reference to giving disabled people more time. I can't seem to find it.

 

Constitution?

 

This is from their website;

 

The Department for Transport's Blue Badge scheme for the disabled driver allows for holders of the permit to park in certain restricted areas for up to three hours (areas and times may vary, depending upon the local authority). This concession applies to the public highway only, and is not relevant on private land. Whilst some landlords do provide preferential parking for blue badge holders, this parking is generally subject to the same terms and conditions as found elsewhere on the car park, and is sometimes charged for on the same tariff as other users of the car park. To avoid confusion, you should always check the terms.

 

https://www.parkingeye.co.uk/motorist-information/i-am-a-blue-badge-holder-surely-my-vehicle-is-exempt-from-private-parking-rules/

 

As already stated, ANPR only takes a photo of a number plate... that is all.

 

ParkingEye have no interest in making allowances for people with disabilities.

[DJ67]

It's appalling that they don't make reasonable adjustments as per the Equality Act and as such I can't wait to see you beat them. On the subject of PE and their website, I've just visited it and it was just the tonic that I needed... laughter is definitely the best medicine. They are so inept that they don't even spot glaring contradictions on their own website. On one of the FAQ's about what happens if I ignore etc. it says... Unfortunately ParkingEye have to issue thousands of County Court Claims each month to recover unpaid Parking Charges - Take appropriate action and do not ignore the Parking Charge. Then when you visit the section claiming that they win over 90% of County Court Hearings they list 18 cases and state that... * It should be noted that every court hearing that ParkingEye has attended as Claimant in 2013 up until the 29th of August (where Judgment has been given) has been listed above. 18 in 9 months is not exactly the equivalent of thousands each month, or are my maths skills severely lacking?

[renegadeimp]

Equality act doesnt come into private parking.

[armadillo71]

Equality act doesnt come into private parking.

 

Well the BPA say it does. Read their CoP;

 

http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2014_update_V5.pdf

[Direct Action]

I can remember seeing a document which I thought was the Parking Eye constitution or set of rules that they go by. I did a search on this document but couldn't find any reference to disabled people on it. Can't find it now! I have emailed the Equality people so will see what they say.

[Direct Action]

Equality Advisory Service

 

In your enquiry you ask if it is acceptable to ask that disabled shoppers register their blue badge at the customer services desk in order to have extra time to shop and eat. You explain that you have asked Parking Eye if it is required that they give disabled shoppers more time and they have not yet confirmed this.

 

To be protected as a disabled individual under the Equality Act you must meet the definition of disability ie disability is defined as a physical or mental impairment which has a substantial, long-term and adverse effect on a person’s ability to carry out everyday activities. Substantial would mean anything more than minor or trivial, long term would mean that the condition has lasted at least a year or is looking to last that long. And everyday activities would be things such as making food, walking or communicating with others.

 

To answer your question we would need to focus on what the reasonable adjustment duty entails.

 

The duty is triggered where a disabled service user may face a substantial disadvantage when compared to a non-disabled service user in the same or a similar circumstance. There is no specific requirement on how a service provider must make adjustments. Only that it could be done by changing a physical feature, by the provision of an auxiliary aid or service, or by altering a provision criterion or practice. It also state that in the circumstance of a service provider that the adjustment duty is anticipatory. It also gives some guidance on reasonableness.

 

In this circumstance, the duty is triggered for those who face a physical disadvantage specifically and as a result may struggle to achieve the same tasks within the allotted time that a non-disabled service user would. This would imply that Morrison’s should take steps to remove what disadvantages they can to ensure that disabled service users have as close to the same shopping experience as possible. It is this duty which makes supermarkets with car parks provide disabled parking bays.

 

The key word of this duty is reasonable. To ensure that only the people who need extra time are the people who get this extra time, it may be reasonable for there to be some sort of way for Morrison’s to regulate parking for long hours in this way.

 

Reasonableness is often measured on factors such as accessibility, finances, and ensuring that the adjustment removes the disadvantage rather than gives an actual advantage. The duty to make the adjustment lies with the service provider which is Morrison’s. Therefore, you may be able to challenge Parking Eye. However, it may be difficult to argue that they have any duty to make adjustments for the people who are using the car park.

 

If ever you choose to challenge a service provider based on them not abiding by this duty you would have to ensure that you do so within 6 months of a particular incident as this is the legal time limit for taking action in county court.

 

There are various template letters on our website which are designed to support individuals when making a complaint under the Equality Act. If you chose to make a complaint, it would have to be towards Morrison’s using their formal procedure where they may look to liaise with Parking Eye.

Edited August 17, 2015 by Direct Action
No heading

[renegadeimp]

If its private land, blue badges etc mean absolutely Nothing. You could park wherever you wanted, and all they can do is ask you to leave. If you refuse, THEN they can call the local police to remove you etc.

 

I understand the concern with looking at the disability aspect, and indeed, the shop has a duty of care, but when it comes to parking on private land... nope.

[steveod]

It's appalling that they don't make reasonable adjustments as per the Equality Act and as such I can't wait to see you beat them. On the subject of PE and their website, I've just visited it and it was just the tonic that I needed... laughter is definitely the best medicine. They are so inept that they don't even spot glaring contradictions on their own website. On one of the FAQ's about what happens if I ignore etc. it says... Unfortunately ParkingEye have to issue thousands of County Court Claims each month to recover unpaid Parking Charges - Take appropriate action and do not ignore the Parking Charge. Then when you visit the section claiming that they win over 90% of County Court Hearings they list 18 cases and state that... * It should be noted that every court hearing that ParkingEye has attended as Claimant in 2013 up until the 29th of August (where Judgment has been given) has been listed above. 18 in 9 months is not exactly the equivalent of thousands each month, or are my maths skills severely lacking?

 

 

 

Whilst I hate the PPC companies and their charges and terms are generally not valid contract law, where does making reasonable adjustments for disabled drivers end?

 

 

if they put the disabled parking bays furthest away from the shop entrance then some people will be moaning. yet they can walk around the shop aisles for endless hours!

perhaps some disabled people expect reasonable adjustment should be checkout counters just for disabled people so that they don't have to wait in the queues with the other plebs.

I'm sorry but in my opinion reasonable adjustment does not mean giving preferential treatment, rather it means making provision so that disabled people can use the same facilities as other people. in that respect providing parking bays that allow people with disabilities and adapted vehicles to park, providing ramps for entrance to the shops more than enough meets the requirements, otherwise where does it end. If extra time is to be allowed to disabled people how much time should be allowed? doesn't it depend on the type of disability as to whether it affects the person's walking ability? why should there just be a blanket extension?

 

 

and on this strain why is it that blue badge holders don't have to pay in some parking areas but other people do? it surely is not based on income as I am sure there a quite a large number of blue badge holders that earn more than some people without blue badges!

 

 

rant over

[ericsbrother]

blue badges or for the road traffic acts, and mean sod all in private car parks. This then falls under the EA and parking eye cannot determine what is a disability just by looking at a badge that doesnt apply so they have to have in place a scheme that takes disability into account. This should be made available on demand.

However, they dont have the necessary statutory paperwork so they are open to challenge.

[DJ67]

Whilst I hate the PPC companies and their charges and terms are generally not valid contract law, where does making reasonable adjustments for disabled drivers end?

 

 

if they put the disabled parking bays furthest away from the shop entrance then some people will be moaning. yet they can walk around the shop aisles for endless hours!

perhaps some disabled people expect reasonable adjustment should be checkout counters just for disabled people so that they don't have to wait in the queues with the other plebs.

I'm sorry but in my opinion reasonable adjustment does not mean giving preferential treatment, rather it means making provision so that disabled people can use the same facilities as other people. in that respect providing parking bays that allow people with disabilities and adapted vehicles to park, providing ramps for entrance to the shops more than enough meets the requirements, otherwise where does it end. If extra time is to be allowed to disabled people how much time should be allowed? doesn't it depend on the type of disability as to whether it affects the person's walking ability? why should there just be a blanket extension?

 

 

and on this strain why is it that blue badge holders don't have to pay in some parking areas but other people do? it surely is not based on income as I am sure there a quite a large number of blue badge holders that earn more than some people without blue badges!

 

 

rant over

 

I totally agree but as ericsbrother points out, blue badges are not designed with private land in mind. I've never understood the free parking perk on production of a blue badge.

 

However, let's not lose sight of the issue. A service provider is legally bound to make reasonable adjustments under the Equality Act. It's impossible to deem the length of additional time that may be required by some as different people have different needs. The simplest way to conform with the time element would be to remove time constraints across the board; for both disabled and able-bodied clients. Hence, any headaches regarding variations in time required is one of the PPC/landowners' own making so they deserve zero sympathy.

[Direct Action]

I think being a disabled person can reduce your income. People genuinely might not be able to work or are just discriminated against when trying to find a job. Also, it's much easier for non disabled people to get to the supermarket by car or public transport. I know some buses are accessible but not all of them are. I also hear a lot of incidents where bus drivers and fellow passengers aren't so welcoming which can put people off. I know one of my friends had to show the bus driver how to use the ramp!

 

There's always going to be some people who try to beat the system but they are in the minority. I'm sure most disabled people want equal rights not preferential treatment.

[ericsbrother]

Blue badges are a very bunt toll that gives an allowance for essentially one kind of mobility problem. My father has a blue badge but essentially he is frail not disabled. Now, I am not suggesting the withdrawl of BB's for those who suffer from old age but a differentmethod of assessment. I know a young(ish) person who had his leg blown off by a mine in the Gulf who doesnt qualify because he can walk the required distance in under the required time on his falsie. Problem is, it plays him up no end and he cant always wear it so how is he supposed to get about without it other than adapted car and wheelchair? No allowances for parking said vehicle though.