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Moon phases


Supermarket Disabled Parking "Fine"

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Supermarket Disabled Parking "Fine"

Post by Snowfire on Sun Mar 04, 2018 10:28 pm

* DISCLAIMER- i AM NOT AN EXPERT.. THIS JUST WORKED FOR ME*

In early January, an elderly relative of mine received a very official "Parking Charge Notice" from Horizon parking, for parking in a disabled bay at a local supermarket, for "Parking in a Disabled Bay without showing a Valid Disabled Badge.

The Notice showed two photos of the BACK of the car, showing the registration plate.

I immediately went to find a template letter to send them , and, having tweaked it to suit the circumstances sent it off on the 2nd of February to their appeals Department. They advise they will address the appeal within 14 days, but no longer than 35 days. 
I'm posting now, as it's been a month, so fingers crossed, but will update you all if there are any further correspondances from them.

If this HAS worked, I get the feeling it may be due to the points of the letter I have highlighted in BOLD... but really, I can't be sure.

Just hope this may help someone out! xx

_________________________________________________________________________________________________



Horizon Parking
Finitor House, 2 Hanbury Rd, Chelmsford
Essex CM1 3AE


Without prejudice save as to costs


Dear Sir/Madam,
Ticket Number:.............
Vehicle registration number: ..................
On 22nd December 2017 you issued me with a parking ticket which required me to pay what is referred to within the ticket as a fine. However, I believe that the ticket was not fairly issued and that no sums are owed by me because:
I was not driving the vehicle in question at the time the ticket was issued and did not park it where alleged. For the avoidance of doubt, I will not disclose any details regarding the driver of the vehicle on the day in question, as I do not have any obligation to do so as a registered keeper of the vehicle.

  1. Having referenced quoted material from the Head of Public Relations at the British Parking Association (of which your company is a member) He states « disabled spaces in private car parks such as supermarkets are not legally enforcable »

  2. you have failed to provide evidence (photographic or otherwise) that a Blue Badge was not displayed. The photos on the notice you sent me are of the back of the car, not the front, where a blue Badge would be displayed.

  3. Your signs in the car park are few, small, and not easily read.

  4. In the event of the matter being taken to court. I beleive you are in breach of my right to privacy as on receiving the first notice from you that the vehicle was parked in a disabled bay, you informed me that you had « Applied to the DVLA for my details for an unpaid parking fine ». To which I will answer. If I had recieved notice of a fine I would have been able to reply with payment if necessary before you breached my privacy by applying for said details.


I trust this concludes your claim, and that I will receive no more correspondence from you in the future.

Please be aware that if you choose to pursue me for this matter I will not enter into any further correspondence until the issues set out above are addressed by you. Further, should you wish to pursue court proceedings I will expect a pre-action letter setting out your claim and addressing the points above before any claim is issued, and in default of such will draw the court's attention to such shortcomings in respect of costs.


Yours sincerely,

_______________________________________________________________________________________________________

I hope this is of help to the members xx
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Re: Supermarket Disabled Parking "Fine"

Post by assassin on Mon Mar 05, 2018 1:50 am

There is no obligation to display a blue badge, or even hold a blue badge as laid down in precedent in the ECHR, you only need a disabled person with you. They can be a driver or passenger in the vehicle and it must have been used for their benefit.

ECHR's clarified the meaning of a disabled space as being for a disabled person and not for a blue badge holder as not all disabled people have blue badges and they are not obliged to have a blue badge just because they are disabled, so they can be a non blue badge holding disabled person.

Many companies such as Tesco already know this and have removed signage in many of their stores which state the spaces are only for blue badge holders and replaced the signage with for disabled persons.
Ikea are probable the best company who employ their own parking staff and not contractors or contract companies and they ensure all their parking staff are fully aware of all the appropriate legislation regarding parking and their parking staff are excellent.

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Re: Supermarket Disabled Parking "Fine"

Post by Kestrel on Mon Mar 05, 2018 11:17 am

Don't know if this site is any good to you:
https://www.parkingcowboys.co.uk/
Two links from it here:
https://www.parkingcowboys.co.uk/disabled-bay-blue-badges/
https://www.parkingcowboys.co.uk/supermarket-parking-tickets/

If not as it's a charge then use the BoEVAT Remedy:
http://boevat.org.uk/

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Re: Supermarket Disabled Parking "Fine"

Post by Snowfire on Thu Mar 15, 2018 1:13 pm

Success!!

I received a letter from Horizon Parking last week cancelling the "Fine" 

Dear ......... ,
 
Re: Parking Charge Notice 7.........
 
Thank you for your recent correspondence regarding the above Parking Charge Notice.
 
I can confirm the Parking Charge Notice has been cancelled in full and no further action will be required in regards to this matter.
 
Kind Regards
 
C Aiello
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Re: Supermarket Disabled Parking "Fine"

Post by Lopsum on Thu Mar 15, 2018 1:48 pm

good , nice letter well done Very Happy
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Re: Supermarket Disabled Parking "Fine"

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