Are they all completely STUPID?

[i234i]

Just there i was going to drop my disabled neighbour at Tesco (being nice!)

Got there and just went in a disabled space and went round to help him out and the warden came over.. said to him im just walking him to the door then ill be off... come back 5 minutes later.. BANG! We will contact the DVLA and you will recieve a fine... and guess what.. he had disappeared.

 

[Eagle]

Isn't it the vehicle that has to be registered?

 

[fred1222]

Isn't it the vehicle that has to be registered?

This "fines" aren't worth the paper they're written on. They are just invoices so the general concensus is just to ignore.

see www.pepipoo.com

 

[mobyme]

Insist on your day in court. You might get off and if you don't at least the warden's wife children and world at large will know what an "excrement" he is.

 

[Pembrokeshire Directory]

If your neighbour has a blue badge, he or she may use any vehicle and park in a disabled bay as long as their badge is displayed.

 

[SLF]

Im not sure they can fine or charge you. Our tesco has a disabled parking sign, but no warning about fines, penalties, etc. So, no warning, no can do anything about it!

 

[cjd]

Tesco can not fine you - Tesco know this. Even if they legally could (they can't), they wouldn't - the publicity would be far too damaging.

If/when they contact you, write back politely with your explanation and ask for an apology; copy it to their PR department.

If you can't be bothered with all that - just call them.

 

[willitbe]

Or don't park in a disabled parking bay without being Legit!!

 

Or don't park in a disabled parking bay without being Legit!!

I suspect that carrying his disabled neighbour a few hundred feet may not have been to his hearts desire.

Sometimes common sense and maybe a touch of compassion is required.

Earl

 

[niagra]

Tesco's are winding me up at the moment.

Latest incident in the cafe this morning; our two year old walks straight into the edge of the runners where you put your tray on, the rubber cap was missing and he cut his face on the bare metal (with a bit of ragged tape round, so it had obviously been like that for a while). All they could say was "thanks for letting us know" - I'm not expecting 50 quids worth of vouchers or anything but an apology would have been nice.

They didn't have any fresh coffee either - blamed the bad weather eh:| That was last week!

Anyway, back to Ant and Dec!

Dario

 

[Estimator]

Unfortunately, without wardens the shameless members of our society would continue to park in disabled bays, apparently being too idle to walk 50m or so on their healthy legs. As if they don't walk enough in the store - they must be worn out!
It's a pity, but because of these tw*ts, the wardens are necessary so that if and when a legitimate disabled person turns up he has easier access into the store.
If only these people could experience a day as a disabled person, then they would see how ignorant and selfish they are.
So don't have a go at the warden, just give one of these drivers a mouthfull when you see them at it.

 

[SLF]

I see people using cars with disabled badges who are not disabled and don't have the disabled passenger with them.

These are usually family members taking advantage of the car having the disability badge. That also stinks.

They should get double the fine because it's defrauding the government. At least the lazy folk aren't pulling a fast one to that extent.

 

[Rhyl Lightworks]

Some supermarket car parks are owned by the supermarket, and I imagine they would not attempt to impose any kind of parking fine. Others though are owned by the local council, and here the situation will be different.

Barrie

 

[Paul Kelly ICHYB]

Interesting post and I wonder what the legal ramifications might be.

I would assume that unless there was a clear sign with specifications of how the space as meant to be used, nothing could be done.

Painting a disabled 'logo' on the ground means what? Disabled parking? Registered disabled parking only? Parking space for wheelchairs?

If on a public highway, there needs to be a compliant sign, marking the bay terms. On private property or even council, I am sure that similar would be necessary.

Legal input would be great, on this!

 

[cjd]

Interesting post and I wonder what the legal ramifications might be.

There are none.

Tesco's car parks are private property, the laws that apply are civil - trespass (don't be silly) and contract law.

No contract exists; even if a contract could be implied, the remedy is only damages - and what damage has been incurred? Do you think Tesco would ever take that to court?

It's all bulls1t.

 

[Marzipan]

Good lord - wardens enforcing the disabled parking bays??!! About time too - my parents are both disabled (mum less visibly so than dad so it could be assumed she was misusing her blue badge just by looking at her) and they frequently can't park anywhere convenient for the door, wish we had wardens in our town's stores!

I do tackle people who park in these bays without any blue badge in sight - like Estimator says, they've no problem walking round the whole store so why not manage a few more yards in the car park? - but one of these days I'll be hospitalised for it.

Back to the OP though - what an absolute jerk the warden was if he couldn't wait till you got to the entrance and back. A nagging thought - am wondering how your neighbour got on once inside the store though, if his/her disability is such that it required assistance from your car to the entrance?

 

[Eagle]

There are none.

Tesco's car parks are private property, the laws that apply are civil - trespass (don't be silly) and contract law.

No contract exists; even if a contract could be implied, the remedy is only damages - and what damage has been incurred? Do you think Tesco would ever take that to court?

It's all bulls1t.

I was just thinking that. I'm pretty sure the Highways & Byways act - or whatever it is - doesn't apply to private property so I'd tell 'em to hang.

 

[fred1222]

There are none.

Tesco's car parks are private property, the laws that apply are civil - trespass (don't be silly) and contract law.

No contract exists; even if a contract could be implied, the remedy is only damages - and what damage has been incurred? Do you think Tesco would ever take that to court?

It's all bulls1t.

That's exactly correct. Tescos may outsorce their parking to a private parking company who may chase you but they have no legal basis. Under civl law the charge must reflect the loss to the owner (similar to bank charges) so at most it would be a few £. You can also fight the "fine" on grounds of incorrect signage etc and unlike parking fines you get in the street which is ultimately the registered keepers responsibility the PPC would need to prove who was driving the vehicle

so there are many options open to you should it come to anything

 

[tom111]

That's exactly correct. Tescos may outsorce their parking to a private parking company who may chase you but they have no legal basis. Under civl law the charge must reflect the loss to the owner (similar to bank charges) so at most it would be a few £. You can also fight the "fine" on grounds of incorrect signage etc and unlike parking fines you get in the street which is ultimately the registered keepers responsibility the PPC would need to prove who was driving the vehicle

so there are many options open to you should it come to anything

It's actually not exactly correct, car parks accessable to the public are within the legal definition of a highway, and there's enough precident to say that councils can issue TRO / TMO's on private car parks. However, it is rare for them to actually do so. Most "parking tickets" on private land are issued under tort or contract law and are often unenforceable.

 

[Steve2507]

If your neighbour has a blue badge and you displayed this in your car then you were in the right and the warden was in the wrong.

The blue badge is issued to the person, not the car. My mum has one (she doesn't have a car) and my wife and I take her places in different cars. As long as the person whom the badge is issued to is using the car at the time AND the badge is displayed then you can park in a disabled space.

However if the person has a badge, but you do not display it, then this is illegal.

 

[Steve2507]

Forgot to add:

Public car parks such as supermakets and multi storey car parks are classed as public highways and so can be enforced by local councils.

HOWEVER, many disabled spaces are actually illegal. The space MUST have the disabled logo INSIDE the boundary. Some markings have the word "disbaled" plastered over them. This is not a disbaled space and legally anyone can park there. They may have the disabled logo overlapping the boundary markings, again this is not a disbaled space and legally anyone can park there.

 

[fred1222]

It's actually not exactly correct, car parks accessable to the public are within the legal definition of a highway, and there's enough precident to say that councils can issue TRO / TMO's on private car parks. However, it is rare for them to actually do so. Most "parking tickets" on private land are issued under tort or contract law and are often unenforceable.

No,
It is exactly correct. Tesco's car parks are private property and no councils can legally issue PCN'S as a TMO would have to be in place.

The laws that apply are civil.

 

[tom111]

No,
It is exactly correct. Tesco's car parks are private property and no councils can legally issue PCN'S as a TMO would have to be in place.

The laws that apply are civil.

A county council is entirely within their legal powers if they chose to issue a TMO on a private carpark, as long as the public have access.

 

[Delta-SI]

Just there i was going to drop my disabled neighbour at Tesco (being nice!)

Got there and just went in a disabled space and went round to help him out and the warden came over.. said to him im just walking him to the door then ill be off... come back 5 minutes later.. BANG! We will contact the DVLA and you will recieve a fine... and guess what.. he had disappeared.

Is the fine from the council or police? If not just ignore it as it is just an unsolicited invoice.

Or don't park in a disabled parking bay without being Legit!!

Or, read the initial post before jumping on the OP.

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I love it when people have a go at me for using the disabled toilets... I don't even bother to explain to them anymore.