Asda parking fine

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Tue 25 Jun 2013 12:26
Asda parking fine - snuggles1

Hi, New to this site so please forgive any mistakes. my question is that i have just recieved a parking fine from smart parking ltd which operates a camera system from local Asda store .I had gone over time limit allowed even though im registered disabled and displayed my blue badge and timer on dash and parked in disabled bay. I had not been out for over six weeks so had to do shopping being disabled means it takes me much longer than most as i have to rest every 10/15 minutes as i become dizzy weak and disorianted if i don't rest which leads to passing out or vomiting . I do have receipts from asda just prior to ticket time store was very busy not many tills open which added extra minutes on as well as my slowness with walking and movement. I rang Asda to enquire about parking time limits for disabled and non disabled and i am astounded to find they are equal one and a half hours which i think is unfair how do they expect a person who is disabled to compete with non disabled in shopping times? I do accept that i was late on return to my car but i am upset that fine is excessive £40 for an extra 26 minutes in parking which goes up to £70 if not paid within 28 days . Please advise as i really do not wish to be penalised because i am disabled as i am sure most of us are late occasionaly if fine was reasonable id pay but i think it's outrageous . Thanks in advance, jo

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Tue 25 Jun 2013 12:33
Asda parking fine - RT

The signs at our Asda state that the 3-hour limit doesn't apply to disabled badge holders - but since they time you in and out when you probably aren't displaying the badge then I've no idea how they can tell.

Don't respond to Smart Parking until you've taken advice from the Pepipoo website who have great expertise in this.

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Tue 25 Jun 2013 13:46
Asda parking fine - FP

You are in good company - many, many people fall foul of the inflexibility of these sorts of systems. Remember, you have been issued with a speculative invoice - you have not been fined for (or even charged with) a criminal offence.

I would certainly resist paying up. The advice to go to Pepipoo is good - go to the Forums page and enter "Smart Parking" in the search box - you'll find plenty of stuff there.

Another thought - if there is something on your ticket about appealing, you might want to go down this route, as I believe that the parking company is liable for the costs of appeals, whether you win or not.

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Tue 25 Jun 2013 15:16
Asda parking fine - Bromptonaut

First of all, go back to the store or get a relative to go and check what the signs actually say. If different to what store said get a photo. All things being equal (and they may not be) it's surprising that one Asda allows badge holders extra time but another does not.

If you've kept tp the rules for disabled then appeal.

Alternatively just ignore it. They'll probably give up but watch out in case they try taking you to the County Court for the debt, in which case defend vigorously.

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Tue 25 Jun 2013 20:15
Asda parking fine - daveyjp
One piece of advice now is NOT to ignore. With an 'appeals system', which is a sham, but easily beatable, in place it may weaken your hand. Smart parking aren't shy of dishing out Court papers so far easier to nip this in the bud early on.

Get over to Pepipoo and you will get excellent advice. I know some members on there are very keen to get Asda in Court for a breach of the Equalities Act due to the actions of their agent.

My first visit would be to Asda though to get the manager to get the invoice cancelled. If he says he can't he's on a sticky wicket re the Equalities Act.
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Wed 26 Jun 2013 03:18
Asda parking fine - FP

"One piece of advice now is NOT to ignore."

I'm not so sure.

If you go to Pepipoo Forums and search for Smart Parking, the first thread is about another case of SP acting on behalf of Asda, in which the person who had received the parking ticket did not respond. It reached the point where SP (or their debt collectors) were "threatening" to hand the matter over to Asda's solicitors! That seemed to be the worst they could manage.

If it did go to court Asda would have to prove the existence of a contract (open to argument about signage etc.) and financial loss consequent upon the breaking of that contract. It doesn't look likely.

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Tue 25 Jun 2013 21:39
Asda parking fine - Armitage Shanks {p}

ASDA are not a court and cannot issue a fine. Being the devil's advocate here I am guessing that everybody gets the same time as it makes monitoring and enforcement less complicated and as the disabled bays are right by the entrance the users of them are closer to the entrances than the normally mobile. Sort of evens things up but I am not saying that makes it fair!

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Wed 26 Jun 2013 00:29
Asda parking fine - snuggles1

Hi,In response to your last statement the disabled parking bays are the same distance as the mother and baby bays also some normal bays in this store.Thank you for reply and to all that have responded i will take the advice given by firstly going to see store manager then visit the forum mentioned as i have not heard of it before,Thanks everyone

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Wed 26 Jun 2013 00:43
Asda parking fine - bathtub tom

Please let us know the outcome.

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Thu 4 Jul 2013 01:50
Asda parking fine - 1litregolfeater

I agree with the poster above, I'd just ignore it.

And if the worse came to the worse and Asda took you to a civil court and won, which they wouldn't, you wouldn't need the imagination of Shakespear to extract revenge.

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