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Disabled Parking Bay

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Disabled Parking Bay

Postby Legaleye » Sun Jun 21, 2015 7:48 pm

A friend took his elderly mum to our local supermarket and parked in a disabled bay, his mum put her disabled badge on the dashboard, when they returned there was a ticket on the windscreen for not displaying the badge correctly, the clock part had partially covered the badge so the expiry date was covered, he appealed the ticket to POPLA but his appeal failed, he fears that the parking company SMART PARKING will take him to court, if that happens can he put in a counter claim against SMART PARKING saying his mother requires the additional space to exit/enter the car and because of her mobility problems she needs to park near to the store?
Her disabled badge is well within the expiry date.

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Re: Disabled Parking Bay

Postby atticus » Sun Jun 21, 2015 9:10 pm

Try getting Head Office of the supermarket to have a quiet word with the people who manage parking for them?
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Re: Disabled Parking Bay

Postby Slartibartfast » Sun Jun 21, 2015 9:17 pm

Interestingly, this seems to be a hot topic at present. Are disabled bays for the use of all disabled persons, or only for those who show a blue badge? See http://www.disabledmotoring.org/news-an ... dge-ruling

There's a discussion here which you might find useful -
https://groups.google.com/forum/#!topic ... DVOhKrfT3M[1-25]
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Re: Disabled Parking Bay

Postby diy » Mon Jun 22, 2015 6:58 am

Read the terms of use on the carparks notice. It may for example have conflicting terms with regard to Disabled badges. It may say for example that Disabled blue badge holders are exempt and further on it may say that the badge must be valid. Since badge holders are exempt from the terms of the notice, I wonder why the rest of the notice would form a contract?
My suggestions are not legal advice
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Re: Disabled Parking Bay

Postby atticus » Mon Jun 22, 2015 7:53 am

the particular wording (if it exists) is likely to be more sophisticated.
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Re: Disabled Parking Bay

Postby dls » Mon Jun 22, 2015 9:33 am

It is well worth checking the notice to see just what terms apply.
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Re: Disabled Parking Bay

Postby diy » Tue Jun 23, 2015 9:49 am

The no names rule prevents me from posting the example I found, but I found several that in my view would make very confusing contracts.
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Re: Disabled Parking Bay

Postby atticus » Tue Jun 23, 2015 3:39 pm

post without names. It isn't hard.
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Re: Disabled Parking Bay

Postby Legaleye » Tue Jun 23, 2015 3:54 pm

I've checked the signs today, there are two different signs one saying, 'Customer Car Park 2.5 hours free parking Disabled Blue Badge Holders exempt A Parking Charge Notice of £70 may be issued in the following circumstances
1. Parking over 2.5 hours
2. Parking in a disabled bay without displaying a valid disabled badge
3. Obstructive parking'

It then goes into the fine detail about the PCN charge.

The second sign says, ' disabled parking only please be aware that vehicles parked here without a blue badge may be subject to a £70 fine charge'

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Re: Disabled Parking Bay

Postby Legaleye » Tue Jun 23, 2015 3:57 pm

atticus wrote:Try getting Head Office of the supermarket to have a quiet word with the people who manage parking for them?

That was my advice, he works at their head office, unfortunately he doesn't want them to know it's him! I'm not sure how he is getting on with his managers, he didn't say but I suspect all is not well at work.

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