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retail carparking fees

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anniehiggs | 12:31 Sat 08th Nov 2008 | Law
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What are the rules on parking in a disabled bay in shopping car parks. I recently took my sister shopping at Tescos. My sister is quite ill and in a whelchair. she is currently in a nursing homes and doesn't get out much .we parked in the disabled parking bay .On our return we had been fined because although the attendant had seen me struggling with the shopping and my sister in the chair - plus the zimmerframe in the car we didn't have a blue badge. She doesn't have one because she doesn't have a car. I don't have one because I am not disabled and I only take her out - and some times my elderly mother occasionally . I have never had problems parking before
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if someone is registered disabled they can apply for a blue badge. it's for the disabled person and not a specific vehicle, and can only be used when that person is using the vehicle, and it needs to be displayed when parking.
Question Author
thanks, but I don't think having a blue bade or not is the issue.my sister has been ill and in hospital -she wasn't in a position or interested in applying for a blue badge. The sign said disabled parking not blue badge holdersonly . If it had said blue badge holders only , I would have confirmed if it was ok to park there. If you have a tempory diability shuch as a broken leg and had to use a wheel chair you wouldn't apply for a blue badge but if you would may need to park in a disabled bay
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Sara's advice is very good, and I'm sorry you had such an upsetting experience. Apply for a disabled badge for your sister as soon as you can. Good Luck
The disabled parking bays in supermarkets are for blue badge holders only - it is the only indication the parking attendants have that the person is entitled to park in a disabled bay.

People with broken legs and other temporary disabilities are not entitled to park in disabled spaces.

I appreciate the attendant watched you struggling but that is really irrelevant. It makes it impossible for an attendant to ticket a car for not displaying a badge when he has decided not to ticket the adjacent car for the same thing.

Tell your sister to apply for the badge as soon as possible.
Disabled parking areas are for Blue Badge holders, and as you said your sister was in a nursing home, I think your respondents assumed you meant permanently. For temporary disability, as you point out such as a broken leg and having to use a wheelchair, I find most Car Park Attendants will be sympathetic to the problem. Unfortunately, you came across one who was just being pedantic and sticking to the rules as he/she interpreted them.
if it was a shop's car park, they are entitled to set whatever rules they want about who can park where, but if they are going to fine you they must display them i would have thought. You say it didn't say "blue badge holders only" are you sure? In my local retail park for example a sign says "disabled parking" but by the spaces there is a blurb about how you must have a badge otherwise you are getting clamped and fined. It might be worth you going back to see what the signs actually say, because if it's not displayed you may be able to contest it.

If its a council run car park for the shops then it will most likely be displayed at the entrance or on a board, but again, check it out.

In my local "big" tesco, they don't really do anything about non badge-holders parking in the slots allocated, unless you go in and tell them, and then they'll put a tannoy announcement on for the person to come and move, but they cant fine them because its a courtesy not to park there, rather than an "offence"

I can only echo what the others have said that your sister can apply for a badge even if she dosent drive - contact your local council for the application,

And for everyone's infor, i read the other day on bbc.co.uk that they are changing the criteria for getting a badge - some temporary disabilities might start applying soon.
Question Author
thanks for your reply. The sign definitley said diabled parking .There was no mention of blue badges or of fines anywhere any where in the car park and definitley nothing for any one parking with out a blue badge. Both the store manager and the attendant admitted the sign was misleading. I take my elderly mother(in a wheel chair) shopping at my local tescos and have never had a problem parking in the disabled bay . I am sorry f it offends blue badge holders but the man was an idiot. I have no intention of paying the fine they can take me to court.
no one is calling you an idiot (even though I didn't get any stars for my perfectly reasonable response!), but rules are rules.

if the people at the store agree that their signs are not up to scratch, why not appeal to their better nature and ask them to drop the fine?
Having been involved with disabilities quite a bit, I am a staunch defender of the blue badge scheme. However, I do think you have been badly treated if you've explained the circumstances and they proceed with a prosecution.
i once took my elderly, infirm aunt for a drive. She needed the toilet but could not walk more than a few yards (with my mother helping her). I used a blue badge space as the others were too far away but stayed in the car. An attendent approached and I explained the situation. He was a bit disapproving but grudgingly said I could stay.
Another time, a friend was about to pull into the last remaining blue badge bay when some youths zoomed in, leapt out of the car and disappeared. She left her car on double yellow to phone the traffic wardens. By the time she got back to her car, the warden had been and, the youths by now having fled, she wad the one ticketed for parking on double yellow when there was a usable bay feet away. She did have the prosecution quashed on appeal.
I think this is the sort of problem that arrises in all sorts of car parks. Not just for disabled drivers but for people with small children as well and the family spaces.

I have printed some little flyers just bigger than a business card with.. Are you always this lazy or Where are your children or You are an inconsiderate driver shame on you. and I put it on their car.

They probably don't care but it makes me feel better.

Anyway are you sure it was the attendant you saw that put the ticket on? It could have been another one who didn't see you just saw your car!
Question Author
yes, he admitted it was him, Said he had thought about it because he had seen the zimmerframe- he later admitted he had seen us but said he wasn't sure if it was our car.I am writing to Tescos not to appeal against the fine, to tell them I have no intention of paying. I was just disgusted with their whole attitude, Too much big brother as opposed to common sense. it was a shopping car park for goodness' sake (and mostly empty) not a main road or a council car park. He even fined a van driver because his wheel was about 3 inches over the line -although there was a car any where near bye. my point again was it did not say blue badge holders only it said diabled parking - which it was . they have no right morally to fine me , I just wanted to know where I stood legally. As for blue badges I work for the council and see them misused al the time
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Casa - that is very worrying. Do you put it on cars that don't display disabled badges or where there is a badge but the person looks able?

How about grandma going to collect her grandchildren from the creche in the mall? Or drop them off, so they only have children with them one way?

If you saw anniehiggs car in a disabled bay, would you put such a card on that as it isn't displaying a blue badge?
Please, please, please do not pay the pay the 'fine', only a court of law can impose a fine. What you have got is an unenforceable invoice. As such, blue parking bays within supermarket car parks mean absolutely zilch, as does any other bit of paint on the road.

But... I personally would never dream of parking in a 'disbled bay' or a parent and child bay (unless my mother was with me...(joke))
hi,

i never have or never will park in a disabled bay unless i have a blue badge but was there a painted wheelchair on the floor in the parking bay and what colour was it.

im not to sure if what i am about to say is correct so i will stand corrected if i am wrong.

a friend of a friend is a traffic warden and he said that if the painted wheelchair symbol is yellow then anyone can park in that bay as all yellow wheelchair markings are now defucnt and that they have to be painted white to be enforcable. this may give you grounds for an appeal.

as i said, this information may be wrong and i will stand corrected.
I see North Star got there before me but I wondered how far into replies this post was going to get before someone pointed out you can't actually get a fine for any parking offence in a supermarket car park. You get an invoice..
Question Author
thanks for your advice northstar and skyline,after looking on other sites I have discovered it is an invoice not a fine.I won't be paying ..........or parking at tescos again in a disabled bay or otherwise....

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