View Full Version : Parking in a disable bay
Alfama
Oct 15, 2012, 09:08 AM
I have been issued with a £100 parking charge at my local supermarket for parking in a bay marked blue badge holders only. Iam disabled and put my card on the dash,on getting out of the car (with great difficulty) I must have knocked my badge onto the floor,
I came out of the supermarket 30 minutes later to to find a parking charge stuck on my windscreen. Are parking charges legal ? I know that penalty charges are.
Alfama
Curlyben
Oct 15, 2012, 09:12 AM
Asda by any chance?
There's a couple of things you can do here.
1/ Send them a copy of your Blue badge and tell them where to stick it.
2/ Completely IGNORE them as Private parking firms have ZERO legal right to issue such "fines" under UK law.
BTW I'm personally fighting such a odious firm over a ticket received in Asda recently..
Alfama
Oct 15, 2012, 10:44 AM
HI CB, thanks for the info'. The supermarket is Sainsburys and the car park is managed by Excel Parking parking Ltd.
Alfama.
Curlyben
Oct 15, 2012, 01:15 PM
Failed on both counts then, oh well..
No matter advice is still the same.
Fr_Chuck
Oct 15, 2012, 03:13 PM
Agree, you fight it, In the US, some of the same issues, I had my tag ( badge) hanging from my mirror, it was in plain sight and I still got one.
Here in China there is no handicap parking, no handicap ramps in most places, no handicap toilet facilities. In fact most toilets require you to go up about a 8 in step to get to them.
AK lawyer
Oct 15, 2012, 04:12 PM
I disagree with some of the other responses to your question. Be nice. Explain to them that you do have the required blue badge but that it must have fallen on the floor when you got out.
Remember, you can catch more flies with honey than with vinegar.
Chances are they will let it go.
Alfama
Oct 15, 2012, 09:41 PM
I did point out to the attendant what had happened,his answer was.(Hard luck mate I couldn't see your badge so get your cheque book out). I did appeal to Excel parking (no response) they just added a further £30 for the parking charge.
I have also sent a report to Sainsbury's-two replies one from the director of consumer affairs promising to look into the incident!
Iam taking CB's advice and ignoreing them, and hope they take me to court.
I'm taking China off my holiday list.
Curlyben
Oct 15, 2012, 10:33 PM
Alf they huff and blow and send 3-4 letters demanding ever increasing payments with impending court action, maybe some debt collectors as well.
I've had 4 so far for a total of £280!
They also said court action would start at the beginning of September, well I haven't heard anything since as they know they cannot win.
AKlawyer, in the UK for an action of this nature to succeed they need to show monetary lose, which in this case is ZERO as the parking is free of charge.
So all told there is no case to answer and their "charges" are unlawful..
Alfama
Mar 22, 2013, 01:21 PM
It's been very quiet for the last few months,no letters and demands from anyone--until today I received a letter from Roxburghe DCA demanding £142.00 to be paid within 14 days or else, also saying that they are fully aware of anecdotal information being presented via the internet and on various websites and to ignore them.
They also say that if I wasn't the driver at the time of the unauthorised parking event, would I contact them and let them know who was.
This letter is now filed under IGNORE.
Curlyben
Mar 22, 2013, 01:30 PM
ROFLMAO...
Weirdly enough I've had a similar demand from a DCA for my own transgression in Asda. The only difference being I wrote back to them questioning their lawful rights to collection on this "debt".
The next missive I received was a stock, "returned to originator" letter and case closed...
Alfama
Apr 18, 2013, 01:47 PM
Update.--Two weeks ago I received a letter from Graham White (solicitors) via Roxburghe DCA, very strange because G.W withdrew all activity from Excel parking last Nov', he was demanding to know if I was the driver and if I wasn't to let Roxburghe dca know who was also giving me 14 days to pay the £142,00 or else they MAY take me to court.
Today I received a letter From Steve Dargonne (parking services manager) Roxburghe dca
Saying---You have recently been written to by ourselves and our solicitors, G.W.in respect of the debt £142.00. As this matter has not been resolved and no payment received this account has been referred back to me to consider the suitability of legal action for this account.
Before commencing such action,I have been instructed by our client to give you one final opportunity to settle this matter and I have been authorised to accept a lesser sum providing that this payment is made within the next 14 days.
Please contact this office immediately to confirm what this amount may be and to make arrangements for the subsequent payment. Yours Sincerely Steve Dargonne.
Excel Parking are in very serious trouble they have been banned from obtaining details from the dvla because their signs breached a code of practice, they have been banned twice before 2009- 2011.when the dvla was asked how much leeway they were prepared to give Excel, a spokesman said they could not enter into specific details about this company as further action is intended.
Curlyben
Aug 7, 2013, 08:52 AM
Alf, have you heard any more on this one?
Alfama
Aug 11, 2013, 02:13 PM
Alf, have you heard any more on this one ??
Hi CB, I've ignored their last letter and I've heard nothing further from them.
Excel were fined and banned for three months by DVLA on obtaining drivers details,DVLA ruled that Excel's signs breached a code of practice,they have now blanked out two thirds of their signs
When I learn more I'll post all the information here.
Alfama
Aug 13, 2016, 04:17 AM
After four years and ignoring excel parking services demands, I have received today a letter from bw legal solicitors threatening to take me to county court in 14 days if I don't pay the fine plus costs
Curlyben
Aug 13, 2016, 04:25 AM
What EXACTLY are they saying, the syntax is very important..
TBH this is all part of the same bluss and blunder of the parking firm.
I still occasionally get the same letters from these type of muppets for "fines" incurred many years ago.
File it under I ;)
AK lawyer
Aug 13, 2016, 05:35 AM
After four years and ignoring excel parking services demands, I have received today a letter from bw legal solicitors threatening to take me to county court in 14 days if I don't pay the fine plus costs
The economics of the practice of law must be very different in the UK. In the US, I think it would be very rare for a law firm to waste effort collecting the dollar equivalent of a £100 fine (about $130 if I've figured right). Or perhaps they have figured out how to process a batch of cases all at once.
Curlyben
Aug 13, 2016, 05:38 AM
Often these letters have never even seen a solicitors office at all, they are merely another form of threat designed to make to recipient panic and pay up.
Alfama
Aug 13, 2016, 07:32 AM
That's what I thought at first,until I checked them out and yes they are a legitimate law firm based in Leeds.
Curlyben
Aug 13, 2016, 09:38 AM
That's as maybe, but I know for a fact, they sell their letterheaded paper for just just use.
It has never seen the inside of the practice ;)
Wondergirl
Aug 13, 2016, 09:46 AM
And how difficult is it to create authentic-looking letterhead nowadays? I could do it!
AK lawyer
Aug 13, 2016, 10:16 AM
And how difficult is it to create authentic-looking letterhead nowadays? I could do it!
Of course you could. But OP indicates it is a real law firm. Thus one would expect that any payment would go directly to that firm; hardly a well-designed scam. :)
smoothy
Aug 13, 2016, 10:24 AM
Personally, if I was handicapped and had a legitimate handicap hang tag, and the ticket issuing entity flat out refused to acknowledge its existence or validity (as it appears is the case here)... I'd tell them take me to court, let the Judge see who is in the right or the wrong.
The odds you have a simpleton as a judge is far less likely than finding a simpleton, or simpletons (plural) at some ticket writing entity is far less.
And if its like many if not most places in the USA, they have a quota of tickets to write or they get in trouble, so as has been proven the case in these instances...people who did not earn or deserve a ticket..end up with them anyway.
I can't see a judge not throwing this out when you show proof you have one, its valid, and was valid at the time the ticket was written.
I would show up with more than just the hang tag...but also every bit of proof it was legally and rightfully issued to you.
Wondergirl
Aug 13, 2016, 10:36 AM
Of course you could. But OP indicates it is a real law firm. Thus one would expect that any payment would go directly to that firm; hardly a well-designed scam. :)
Only if it's the correct address and phone number. And the law-firm name and logo can be tweaked to look similar, but is different. Ask me about all the spoofed emails and caller IDs I get from Google and the IRS and the US Treasury Dept. Unfortunately, people don't check for authenticity.
Alfama
Aug 14, 2016, 03:25 PM
I intend to sit this one out and await to see what materializes.I'll keep you informed.
Wondergirl
Aug 14, 2016, 03:27 PM
I intend to sit this one out and await to see what materializes.I'll keep you informed.
Thanks! We will eagerly await your next post!
Alfama
Sep 11, 2016, 12:19 AM
Last week the solicitors phoned me advising me to make a payment to prevent court action, I told them to get lost and if they do I will enter a defence. Yesterday I received a letter from the solicitors giving me a 40% discount if I pay by the 21 sept'. There's no way that I'm going to pay them anything.
Curlyben
Sep 11, 2016, 12:29 AM
Errrm Solicitors NEVER call to make such demands.
I hope you have that documented ;)
Alfama
Sep 11, 2016, 12:57 AM
Yes, I think I should have worded it better it says their client is willing to make the offer of 40% discount against the PCN if paid before the 21st sept.
Alty
Sep 11, 2016, 12:12 PM
Just found this thread. Wow, 4 years this is going on. What a bunch of jerks.
Fact is, they've been threatening to take you to court for 4 years if you don't pay, and that's never happened, so I'd continue to ignore. They seem to be getting desperate to get even a penny from you, I mean after all, they've spent money sending letters to you, paying someone to stay on your case, so they want something for their time. LOL.
I'm in Canada. Many many many years ago, when I was in my late 20's had my first child, a friend and I went shopping. We went to a very expensive children's clothing store, one I'd normally never shop at. Somehow (no excuse other than temporary insanity wanting the $40 toddler shoes I saw), I ended up getting a credit card for their store.
I bought the $40 shoes and when I got home I realized how stupid I had been. So I sent the $40, and tore up the card.
5 years later I get a letter saying that even though I had paid the amount of my purchase in full right away, they charge 30 cents for using the card. I didn't pay that 30 cents, and now, with interest, that 30 cents has gone up to $22 in the last 5 years and I better pay it or they'll take me to court.
I sent 30 cents, a quarter and a nickel, and told them that's all they'd get, and now it's 18 years since I got that card and every once in a while (years in between), I still get a letter from them. The last letter said that I now owe $135 for the 30 cents I didn't pay originally. They still threaten to take me to court. At this point in time I use the letters to line my bird cage. :)
This has never shown up on any credit checks, it's never had any effect on us, so I just ignore it. If they want to spend money sending letters every few years, let them. I paid them what I owed them and they won't get another penny from me.
tickle
Sep 11, 2016, 12:22 PM
I had to spread the rep Alty. Sorry. I agree with yr post. I am a senior so don't need this in Ontario yet. But I do wish my agency would provide cards for homecare workers to park and not get a $20 ticket. Not going to happen.