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-   -   Parking in a disable bay (https://www.askmehelpdesk.com/showthread.php?t=709195)

  • Oct 15, 2012, 09:08 AM
    Alfama
    Parking in a disable bay
    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
  • Oct 15, 2012, 09:12 AM
    Curlyben
    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..
  • Oct 15, 2012, 10:44 AM
    Alfama
    HI CB, thanks for the info'. The supermarket is Sainsburys and the car park is managed by Excel Parking parking Ltd.
    Alfama.
  • Oct 15, 2012, 01:15 PM
    Curlyben
    Failed on both counts then, oh well..

    No matter advice is still the same.
  • Oct 15, 2012, 03:13 PM
    Fr_Chuck
    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.
  • Oct 15, 2012, 04:12 PM
    AK lawyer
    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.
  • Oct 15, 2012, 09:41 PM
    Alfama
    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.
  • Oct 15, 2012, 10:33 PM
    Curlyben
    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..
  • Mar 22, 2013, 01:21 PM
    Alfama
    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.
  • Mar 22, 2013, 01:30 PM
    Curlyben
    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...
  • Apr 18, 2013, 01:47 PM
    Alfama
    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.
  • Aug 7, 2013, 08:52 AM
    Curlyben
    Alf, have you heard any more on this one?
  • Aug 11, 2013, 02:13 PM
    Alfama
    Quote:

    Originally Posted by Curlyben View Post
    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.
  • Aug 13, 2016, 04:17 AM
    Alfama
    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
  • Aug 13, 2016, 04:25 AM
    Curlyben
    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 ;)
  • Aug 13, 2016, 05:35 AM
    AK lawyer
    Quote:

    Originally Posted by Alfama View Post
    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.
  • Aug 13, 2016, 05:38 AM
    Curlyben
    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.
  • Aug 13, 2016, 07:32 AM
    Alfama
    That's what I thought at first,until I checked them out and yes they are a legitimate law firm based in Leeds.
  • Aug 13, 2016, 09:38 AM
    Curlyben
    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 ;)
  • Aug 13, 2016, 09:46 AM
    Wondergirl
    And how difficult is it to create authentic-looking letterhead nowadays? I could do it!

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