Parking Ticket Enforcement

[ojread2]

In one of the big ASDA superstores in St Helens they are going to start giving �60 paring tickets to people parked in disabled and mum and toddler bays who are neither disabled nor have children with them at the time of parking. I am wondering at how they can implement such fines legally? Can they do this considering that child parking bays are a customer service not a right unlike disabled bays. I'm not after a rights and wrongs discussion about the fact these bays even exist for mums, but whether these fines are legally enforcable TIA ojx

[Ethel]

Yes they can do it - it is private land and they can implement whatever rules and regulations they like provided they follow the legal requirements of proper signage that is clear and obvious to the parker.

They are not the first company to do this.

[ojread2]

Cheers Ethel

ojx

[Ethel]

Incidentally, the disabled bays in supermarket car parks and other 'private' car parks cannot be enforced by police officers, traffic wardens or council employed wardens because it is classed as private land and is out of their jurisdiction.

The child friendly bays have the same 'standing' as the disabled bays in car parks.

[buildersmate]

Interesting, because the provisions of the road traffic acts do apply to such places - if I remember from a post you put up earlier.

[Ethel]

Yes builders mate - you are quite correct re seat belts and so on.

But all the parking offences enforced by the police and / or council have been created by Acts or Parliament, by-laws and other statutory instruments, which will be quoted in any summons. This applies to every bit of on-street yellow lines, parking bays, doctors bays, taxi ranks and so on.

It is the by-law that gives the council and / or police the power to enforce them. This is an example of such an Act:
http://www.opsi.gov.uk/ACTS/acts1989/Ukpga_198 90016_en_1.htm

This does not apply on private land.

[innocenti]

Are you sure it is Asda's carpark. At the Asda in my hometown, the store is surrounded by a large carpark, but the carpark is owned by the council and not by Asda.

[ojread2]

I can't believe that child bays have the same standing. How can that be right? It may well be a struggle to get more than one child out of a car but surely it is better to do that struggle for a few years than it is to spend a life time disabled?

The world is mad!

[ojread2]

Do you live in St Helens?

[Ethel]

oj - the same standing in as much as on a private car park they could make spaces for martians, volvos, anything they like.

The law has nothing to do with the choice of bays, only the display of signage.

innocenti - we are discussing supermarket owned car parks.

Council owned car parks are a different kettle of fish, even if they service supermarket shoppers.

[spaced]

there is nothing more annoying that a non-disabled person parking in a disbled bay. effing annoys me, especially as I work in a company that looks after children and adults with physical disabilities.

Peeves me right off, so much that i usually say something

[gina32]

spaced,not everyone that is disabled shows the disablity, so just by looking at them you wouldnt know.

[redcrx]

thats right gina, but Im sure spaced looks for the badge on display.

Personally id rather park in a wide parent and child space at the back of the carpark and have a safe walking route to the store. The majority of people that abuse these spaces are those that want to 'just nip in' for a few things or dash to the cash point!

[jake-the-peg]

But they ought to be displaying a blue badge in order to park in the disabled bays.

As as for the roofing company I saw parked in the disabled bay at my local supermarket the other day - words fail me

[Ethel]

Jake - I don't know if you saw the driver but my very disabled neighbour can't travel by car - he can't manouevre himself in and out of low seats. He can get into a transit van, and so his son takes him out and about in his works van (self employed).

This could have been the case there - if you didn't actually see anybody at the vehicle.
Of course, my neighbour always takes his blue badge with him, for displaying in the van.

[mrs_overall]

Good for Asda!
It's about time the lazy sods who park where they shouldn't get their come uppance.
I also hope they penalise disabled drivers who can't find a disabled space and park in the parent & child spaces. Parents can't park in the disabled spaces so why should disabled people park where they like?
Before anyone shouts "bah humbug" at me, I can tell you one of my children is disabled. She can walk so we don't have a blue badge, but the parent spaces are a boon to us.

[redcrx]

mrs overall. i was told, when complaining about people falsely using parent and child spaces at my local sainsburys that P&C cars could park in the many disabled spaces if they were full. Not that i do lol

[gina32]

parent and toddler parking is brilliant, sometimes if you have to park in the ordinary spaces other drivers dont straighten up their vehicle and then their have been times when people cant get into their cars as they cant get the door open wide enough because of inconsiderate people parked next to them

[Buenchico]

Ethel basically answered your question in the first post above. To be legally pedantic, Asda can't actually 'fine' anyone but they can pursue them for a civil debt.

The signs stating that (with certain exceptions) parking will be charged at �60 per visit constitute an invitation for drivers to enter into a legally binding contract. If a driver then parks in one of the spaces, his action in doing so signifies his agreement to the contract. (i.e. the act of parking has the same effect as signing a written contract).

From that point on, the driver is committed to paying �60 in settlement of the contract. If he fails to do so, the supermarket can pursue him through the civil courts for payment of the �60, together with court costs. (Obviously, they must write to the driver first, to offer him the opportunity to pay before court action is taken). Although DVLA will not release details of names and addresses of the registered keepers of vehicle to casual enquirers, they are permitted to provide the information under such circumstances.

However, it would be interesting to see what would happen if a driver, who had received a �60 bill, responded by saying 'Yes it was my car but I wasn't driving it'. There is no provision within civil law to force the registered keeper to reveal the driver's identity. Neither is there any way to force the registered keeper to pay a bill resulting from a contract which another driver has entered into.

Chris

[madmondeo]

How about spaces for hard working single blokes who drive decent cars and take pride in their motor and don't want careless clumsy people who don't give two hoots if their door smashes into the wing of your brand new car??

Look forward to reading responces to this one!!

[redcrx]

lol are you saying that parents or disabled drivers dont take pride in their cars? We dont want to have to try and struggle getting a child seat out of a car without knocking our doors on someones car causing to damage to either or both.

Do what we all had to before getting into a situation where we could possibly park in one of these bays and watch where and how you park.

I know of one mum who after parking in a standard bay found she had little room to get her child in easily. I was disgusted to hear that not only did she key the offending car, but also them rumaged through the car until she found her husbands tool set and took her frustration out on the other car using a screwdriver!

Wider spaces for all would be great but the supermarkets just arent going to provide them are they?