Supermarket parking fines?

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A lady at work was given a fixed penalty fine for for parking in a disabled bay at an Asda supermarket!

If this happened to you would you pay the £50 or ignore it? ... My advice would be "forget it" .... :thinking:
 
Depends if she is disabled, if she is and she gets fined then its her own fault for parking there, they need to see that everyone can park there, screw the fines! :D
 
Er :thinking: don't park in the disabled bay in the first place.

:D
 
To my understanding if the fine wasnt issued by the council then you have no legal requirement to inform the company of who was driving your car and who parked there, therefore no need to pay it.
 
They can get the car owners details but its the person driving at the time which could be anyone with DOC on their insurance. The owner of the car would need to release who it was before they could fine, but as its a private firm the owner has no legal need to.

That is my understanding at least (:
 
If they can't find who was driving the owner is now responsible. This was nipped in the bud after a couple of high profile MPs got away with a fine.
 
I know this cause I was going to try it before getting my 4th speeding fine in a 3 year period (all mway)! That was about 3 or 4 years ago now.

So I got my 6 months and am now slow like most others :(
 
To take her to court over it they would have to be able to prove she was breaking the rules which must be clearly stated outside the car park entrance. Also that the bay was clearly marked and that she actually did park in it.

On the other hand, I have no sympathy for an able person who knowingly takes a disabled bay, it's sheer lazyness or arrogance.
 
Steep said:
To take her to court over it they would have to be able to prove she was breaking the rules which must be clearly stated outside the car park entrance. Also that the bay was clearly marked and that she actually did park in it.

On the other hand, I have no sympathy for an able person who knowingly takes a disabled bay, it's sheer lazyness or arrogance.
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nor have I - but at the same time I've even less patience for the scum who issue these tickets. To be clear its not a fine, only a court (or a council parking attendent for parking offences) can issue those. Its an invoice, and may be made up to look like a fine, but its not. You can choose to pay it or not on that basis.

Personally I wouldn't bother
 
I am disabled and it is very frustrating if I have to park a long way from the store because half the disabled bays are occupied by able people.

Its only fairly recently that Sainsburys has started enforcing the disabled bay rule and I dont know if the fines are enforcable by law but it does seem to have put people off parking in the disabled bays without a blue badge.Its a shame it had to come to this.
 
ladysue said:
I am disabled and it is very frustrating if I have to park a long way from the store because half the disabled bays are occupied by able people.

Its only fairly recently that Sainsburys has started enforcing the disabled bay rule and I dont know if the fines are enforcable by law but it does seem to have put people off parking in the disabled bays without a blue badge.Its a shame it had to come to this.
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bout bloody time too :nono: my daughter is disabled and its a nightmare at my local tescos, its also bad at their school, only 2 bays and even the staff park in them some times, it makes my blood boil....
 
I'm not disabled so I don't park in them. If i did & got a fine/ticket/invoice then i'd pay it because I knew I shouldn't of parked there.
I don't think I would be arguing as to what they can & can't enforce, it's just common courtesy not to do it.

I wouldn't go in the mens toilet if it was nearer & had smaller queues, due to not being a man ;)
 
In a Tesco car park a few weeks ago, someone had left polite notes under the windscreen wipers of cars parked in disabled bays, saying "if you are not disabled please don't park here" kinda.

A Tesco staff member was going along the row removing the notes.
 
About time people who abuse disabled parking spots are fined in places such as Asda and other retailers.

Yes, I am disabled and often see cars parked in my local supermarket's disabled bays who do not display a blue badge.

Gary
 
I am able bodied, so would never park in a disabled bay, they are there for a very good reason ... about time the supermarkets started issuing fines to the inconsiderate and selfish able bodied people who do.
 
I think one of the main frustrations is the regulations that state that a certain percentage of spaces HAVE to be allocated to blue badge holders. We have all seen it, the car park is rammed and there seems to be a sea of disabled bays empty. Maybe it is time for smart bays, where during certain times some spaces can be changed back to 'regular' bays. If there are 30 blue badge spaces free, then 10 or 15 could probably be changed, what are the chances of 30 blue badge holders turning up at once?

In terms of avoiding the fine. Remember that the space needs to be correctly marked as a disabled bay. That includes signs, size and even the colour paint that the bay is marked with. If one of these things is not correct then it is not legally a disabled bay.

I do not condone parking in a disabled bay. I think people are too lazy to walk even 20 metres more to park in a regular bay but sometimes when there are no bays to park in what is the alternative?
 
I'm quite surprised at how many here are saying that it isn't enforceable by law, don't bother paying it, it's exdtortion etc... What about the moral angle. Personally, as a blue badge holder myself, I'm sick of not being able to park at the supermarket because of the lazy sods who park in them to use the cash machine. It's not just about he distance we have to walk, it's also about the width of the spaces. I have to open my door fully to be able to get in and out of my car.

Maybe the question for some is not how you can get away without paying but should you.
 
If you park in a disabled bay - and you aren't - then you deserve the fine. I'd be happy to see offenders cars clamped, even towed away. These spaces are there for a reason. People need not be quite so lazy if able bodied.

In terms of the original posters question - then my advice to the friend would be pay it, and don't park there again. Take it as a lesson against laziness. Too many people are getting into the 'how do I get out of it' mind-set when they've done something wrong.
 
fabs said:
I'm quite surprised at how many here are saying that it isn't enforceable by law, don't bother paying it, it's exdtortion etc... What about the moral angle. Personally, as a blue badge holder myself, I'm sick of not being able to park at the supermarket becuase of the lazy sods who park in them to use the cash machine. It's not just about he distance we have to walk, it's also about the width of the spaces. I have to open my door fully to be able to get in and out of my car.

Maybe the question for some is not how you can get away without paying but should you.
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Hi Marc,

Please don't mis understand my point. I'm not condoning parking in disabled spaces, and I agree with you completely about the type of people who park in them without need. I have a very low opinion of them.

My point was, and still is that the companies trying to enforce this cannot issue fines and try to mis represent their documentation as carrying some legal bearing. I don't condone there bullying and lieing tactics either, and for that reason alone I wouldn't pay them and I've been on the recieving end of it after parking in a parent and child space at the local supermarket with my daugther in the car, despite the companies lies that I was on my own.

Changing people parking in disabled space when they don't need them needs some proper action, not some cowboys whos actions can and should be challenged at ever step.

Cheers

Hugh
 
cymruchris said:
If you park in a disabled bay - and you aren't - then you deserve the fine..
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Whilst I agree with your sentiments,its not a fine, private companies have no power to issue them. Just an invoice dressed up as a fine.
 
From the outset I am not a lawyer.

Since this is a supermarket car park I'm assuming that this is a fine from a private parking company. If this is the case then they have no legal basis to issue a "penalty charge".

The case law on this is provided by Dunlop Pneumatic Tyre Co. Ltd. v. New Garage and Motor Co. Ltd. (1915), which sets the a legal precedent that for contracts (such as agreeing to park in a private car park) covered under civil law one party cannot impose a penalty on the other. Under a breach of contract one party would have to sue the other for damages, this would have to be the provable financial loss incurred by one side from the other sides actions.

If you search for this case there will be lots more information on this.

Statutory bodies, such as local authorities are of course allowed to issue penalty notices.
 
cymruchris said:
If you park in a disabled bay - and you aren't - then you deserve the fine. I'd be happy to see offenders cars clamped, even towed away. These spaces are there for a reason. People need not be quite so lazy if able bodied.
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I am able bodied and therefore I never park in disabled spaces. I have a 7 year old daughter who can get in and out of a car just fine so I also never park in the parent and child spaces. However, a supermarket should never have the power to issue a 'fine' or 'invoice' to a customer parking in its carpark nevermind clamping or towing the car.

Obviously disabled people or people with disabled relatives are going to have strong views on this and feel like they have the right to parking spaces nearer to the supermarket and wider spaces so they can open the door but you have to keep things in perspective. It's not right to park in disabled spaces if you're not disabled but it's hardly the crime of the century. The punishment needs to match the 'crime'. If supermarkets really want to crack down on it then they should put a polite warning on the cars and note down the registration plate. If they then notice repeat offenders then they could give a harsher warning and maybe even ban them from using the store. To issue a non-enforcable penalty knowing that most people will just pay it is wrong, probably just as wrong as the original 'offence'.
 
pity the fine wasnt bigger. If 99 percent of none disabled people can understand the signs and dont park there, what makes your friend special.
I have absolutely no sympathy whatsoever for anyone parking in disabled bays, they are there for a reason. I am not disabled but if i was id be mad if i couldnt go shopping because someone able bodied couldnt be bothered to park in one of there thousands of parking spaces, just because the disabled spaces are closer to the door.
should be allowed to tow all such cars away..........
Rant over
 
As has already been said, there is a moral reason, if not legal reason, to pay this fine, perhaps the person concerned would be more willing to pay a contribution of £50 to a disabled charity if the actual 'fine' is un-enforceable abd advise the Supermarket that is what she has done.

And then not park in disabled bays again.

I'm not disabled but it annoys the Hell out of me that able bodied people should park in these bays, regardless of how busy/rammed the other parts of the carpark are and think it acceptable. Have we descended to the point in our society where we feel it is perfectly acceptable to take advantage of those less able.
 
I have been in a similar situation,on a dark night in an empty car park.I parked in a disabled bay not marked out very clearly, as when parked in bay actually covered the sign with the car.
Anyway came out of shop after 10 mins and had a parking charge notice on the window.
Cut a long story short had half a dozen letters from them,amount going up daily.
After about 6 months they went away.
My advice is DON'T PAY DON'T CONTACT THEM.
For more advice go here
http://forums.pepipoo.com/index.php?

Regards Scezy
 
it just boils down to sheer lazyness! we have two young children,- so we opt for the parent and child parking. but there are always people paked in those that dont have children! we once had an argument with a disabled badge holder for parking in there, their excuse was that the disabled parking was full! so does that mean it is ok for me to park in a disabled space if the parent and child are full?? i think not!!

i agree on the fines they issue and i think they should be made higher.
whats wrong with walking that bit extra to the shop??
 
no problem with enforcing somehow..the use of disabled spaces for disabled motorists.
but these private companies annoy me handing out fines like they are the law

people do abuse these spaces and I might pay such a fine...out of guilt? but in that respect I wouldn't park in such a bay in the first place at a busy supermarket.
 
-Rob- said:
However, a supermarket should never have the power to issue a 'fine' or 'invoice' to a customer parking in its carpark nevermind clamping or towing the car.
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If you come park on the driveway of my house and leave your car there, should I not have the right to have you towed away? This is no different. It's private property, you enter it and park based upon the rules displayed. If you do not agree with those rules, shop elsewhere or or risk the consequences.

Remember they have the right to refuse service, then they can ask you, and your car to leave, at which point they can call the police if you refuse.
 
i see this thing all the time the disabled spaces are there for disabled people just because people cant be bothered to walk a little extra

£50 yes i think she should and yes they can take you to court

hopefully she has learned from it
 
Kaouthia said:
If you come park on the driveway of my house and leave your car there, should I not have the right to have you towed away?
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You should but, in the absence of adequate signage stating that this will happen, you don't - you could report it to the police but in most cases trespass is a civil matter so you would have go to to court to gain this right.

Kaouthia said:
This is no different. It's private property, you enter it and park based upon the rules displayed. If you do not agree with those rules, shop elsewhere or or risk the consequences.
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It is different - the car park operator is removing the whole going to court option and issuing a fine that they have no legal power to do.

Kaouthia said:
Remember they have the right to refuse service, then they can ask you, and your car to leave, at which point they can call the police if you refuse.
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Yes, but at no point can they issue you with a fine directly bypassing the legal/police/court process.
 
Kaouthia said:
Remember they have the right to refuse service, then they can ask you, and your car to leave, at which point they can call the police if you refuse.
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That would be a more acceptable approach. If the police are called and they deem it appropriate to issue a fine or tow the car then so be it but the supermarket shouldn't be doing it.

It's the same as if I park on your driveway. You'd call the police and they would take further action. The supermarket issuing a fine is the same as you issuing a fine to someone parking on your drive. You'd just get laughed at because it's not enforcable.

Should I have the right to issue a fine to my postman every time he steps foot on my doorstep to deliver the post? I didn't invite him to stand at my doorstep so I'm going to fine him £100 every time he makes a delivery. :bang:
 
matt2martin said:
It is different - the car park operator is removing the whole going to court option and issuing a fine that they have no legal power to do.
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If you refuse to pay it, then you probably will get your day in court. :)

matt2martin said:
Yes, but at no point can they issue you with a fine directly bypassing the legal/police/court process.
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If the terms are posted when you enter the car park and clearly viewable and easily readable, are you not entering into a legal contract to abide by the terms set out, which includes not parking in a disabled spot. It's not bypassing the legal/police/court process. You agree to a contract, if you breach the terms of the contract, again you get your day in court if you refuse to deal with the consequences. That's where the supermarket issue differs from my driveway.
 
Kaouthia said:
If the terms are posted when you enter the car park and clearly viewable and easily readable, are you not entering into a legal contract to abide by the terms set out
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NO you are not. A contract can not be accepted by silence. You have to actively acknowledge acceptance of a legally binding contract to enter in to it.

I'll give you another ridiculous example to show my point. If I put a sign up on the front of my house saying "If you post anything through my letterbox then I will shoot and kill you". Do you think that sign then makes it legal for me to shoot my postman when he delivers the mail? No it doesn't. Just because you put a sign up warning people you are going to do something, it doesn't mean you are still allowed to do it.
 
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Kaouthia said:
If you refuse to pay it, then you probably will get your day in court. :)


If the terms are posted when you enter the car park and clearly viewable and easily readable, are you not entering into a legal contract to abide by the terms set out, which includes not parking in a disabled spot. It's not bypassing the legal/police/court process. You agree to a contract, if you breach the terms of the contract, again you get your day in court if you refuse to deal with the consequences. That's where the supermarket issue differs from my driveway.
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Yes but the legal consequences of a breach of contract are that a court can award damages comparable with the financial loss caused. Penalties are not enforcible on civil contracts. The case law that establishes this in English Law has already been quoted.
 
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