Asda to fine parking cheats

September 26, 2007

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ASDA is to slap a £60 fine on parking cheats at its stores.

The get-tough regime will target shoppers who park in disabled spaces without displaying a blue badge, and parent and child spaces without being accompanied by children.

Asda is thought to be the first business in Britain to fine people missusing parking spots.

The policy is being tried out at its stores in Merseyside, but will be extended across the country.

Paul Hedley, from Asda said: "By using these bays without good reason, the actions of the few have a huge impact on many. Many of us simply don't realise just how hard crossing a car park with shopping can be if walking is a real struggle.

"Similarly, those of us who aren't parents are often surprised to learn that, without wide parking spaces, it's almost impossible to remove a baby's car seat from a car."

Asda says it wants to give the Merseyside trial 12 months 'to assess the impact on seasonal shopping', such as the Christmas and summer periods.

But a spokeswoman said all its stores will become involved during the year.

She added: "Asda is not aiming to catch out unsuspecting motorists, rather we hope the scheme will act as a deterrent."

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Mike, Manchester (26/09/2007 at 10:23)

I suppose the rest of us just have to put up with having our car doors dented while we squeeze through a tiny gap to get through the door.

tezza, tyldesley (26/09/2007 at 10:49)

Rubbish Asda will never fine any customer, they are too greedy so wont want to upset anybody, I bet they come back and say that after talking to the offenders the parking has got better at the test stores. I go to a local supermarket and fine that the staff are parked in the parent & child space because it is near the door

Paul in Manchester, Manchester (26/09/2007 at 10:50)

At last! I'm sick of ignorant people who think they can park where they like without any consideration for others. However, I also think Asda (and others) have far too many disabled spaces when compared to parent/child spaces. Surely there are more people with children than those who are disabled?

The Catcher, In The Rye (26/09/2007 at 11:06)

If you receive a ticket on Asda's car park ignore it. You may then get something through the post from UKPC or whoever Asda decide to use.

What they send is, in law, an invoice issued under contract law. Ignore it. They have to take you to county court, for which they have to pay. If they harrass you then you can counter claim.

If you are in doubt, take a look at lawanswers.co.uk

badgeholder (26/09/2007 at 11:09)

This is good news for all genuine blue badge holders. Let's hope all the supermarkets and superstores introduce this in their carparks. This is the only action which will stop all of those lazy and selfish people who think it is their right to abuse the system and genuine badge holders.

ace, manchester (26/09/2007 at 11:14)

Why has it taken so long for this to happen? Ive been arguing with asda in east manchester for a few years over the very same problem.the last time my wife was threatened by somebody who was parked in a disabled space without a blue badge,but asda wasnt that bothered so we stopped shopping there.

Ron Silver (26/09/2007 at 11:23)

I totally agree with Asda.I shop at Asda Trafford park and are constantly amazed at the number of "Disabled people". who use Blue badges because they have trouble walking but can push trollies and walk around a huge store without any trouble.Surly if they are capable of walking around a very large store they can leave these space for the very disabled,ie wheelchair users etc.I also think many people who diplay these badges are using someone elses badge because they are too lazy to walk.

had enough, Walkden (26/09/2007 at 11:27)

About time too, I am sick to death of people parking where they want and ignoring the signs, lets hope all the supermarkets bring this in.

Robert Tocker, Cadishead (26/09/2007 at 11:27)

Tesco should also do this,the number of people who use blue badges is unbelievable at Tesco, you see them use the disables spaces and then walk around the store,bending,stretching and lift sometimes heavy items.It must be so easy to get a blue badge the number of people I see using them.

sallyg, Lancs (26/09/2007 at 11:43)

MEN, you are wrong.

Neither Asda nor their agents have the authority to "fine" anyone. Only a Court of law can issue a fine.

Asda can put an invoice on the vehicle. Or they can send an invoice to the registered keeper (having obtained their details from the DVLA).

However, the invoice is based on a purported contract which only the driver could possibly have entered into - and even the driver probably hasn't. The RK is under no obligation to either pay the "fine" or tell Asda who was driving.

Further, the amount which can be claimed by Asda for breach of any alleged contract (if they can prove there was a contract) is the amount that they have lost by someone parking there. Which, of course, is nothing. Therefore, they are entitled to damages of nil.

Just remember, if you ever get one of these private parking charge notices, you don't need to pay it. It is NOT a fine.

The most that will happen is that Asda can pursue you through the County Courts, which is unlikely to happen, and, if it does, they are unlikely to succeed.

Anyone who needs further advice should visit www.pepipoo.com.

who cares who I am, who cares where I am (26/09/2007 at 11:47)

And other stores should follow.

People are lazy and just think they can park where they want to.

And NO I AM NOT DISABLED.

Rimsky (26/09/2007 at 11:50)

Quite right as well. Will they also stop blue badge drivers parking in parent and child spaces?

gillykins, urmston (26/09/2007 at 12:25)

Thank goodness for that! Its about time - I could never get a parent child parking space when my child was young - as the spaces were filled with vans, and single people parking there as they could not be bothered walking 100 yds further! Its especially bad if you park in a disabled bay! They are there for a reason - let the people who need them use them!

Gloria (26/09/2007 at 12:36)

about time too! I see this happening all the time,people who think they are too important to obey the rules especially when it is raining,parking in disabled bays and parent and child bays,mainly these ugly 4x4's.
Tesco's Burnage should adopt this policy.

Durns, Ashton u Lyne (26/09/2007 at 12:39)

yes do it! I detest the lazy sods who park where they know they should not.

ace, manchester (26/09/2007 at 12:52)

I think you will find that asda would have done its homework ? like charging people to park on these spaces "in law they can charge for parking in these spaces" unless you have a blue badge or a child with you the rest of the car spaces are free. i think you will find that asda will enforce these charges on illegal drivers who park in these spaces. You can also be charged under the tresspass law as well ,so asda has a few ways of taking you to court and if it goes through the courts you could in effect have costs charged against you and that could run into thousands if defended.

edwards (26/09/2007 at 12:57)

are they also going to fine the police vehicles which pull up right outside supermarkets on double yellow lines simply so they can get a sandwich? no?...thought not.....as seen daily at Sainsburys Denton and Ashton under Lyne.

sallyg, Lancs (26/09/2007 at 13:02)

Ace, you are wrong. Asda would not get damages for trespass. Indeed, the notices issued by thair agents are civil penalty notices, which are nothing more than invoices.

As for taking the matter to Court, I've yet to see one case that has been pursued successfully. And, costs would be limited to fixed costs.

Perhaps YOU should to YOUR homework before commenting further?

Mike, Manchester (26/09/2007 at 13:13)

sallyg, your posts on this topic are an eye-opener. Thanks for them.

ace, manchester (26/09/2007 at 13:23)

sallyg, Lancs
You need to read the conditions on parking within a asda car park the notices are their for all to see it even tells you that you park your car at your own risk to name a few other details.You park your car on a asda car park at on "Their legal terms" read the notice boards around the car parks.

ace, manchester (26/09/2007 at 13:28)

It is basically concerning the fact the the DVLA seem happy to supply private companies with full details of drivers just referenced by vehicle registration, for a fee of £2.50. It means that private parking companies can raise fines on people they consider parked on private land, and they don't even need to ticket the cars, just send a fine by post.

Mike, Manchester (26/09/2007 at 13:32)

i am very much looking forward to sally's next post :)

Joey, Ashton under Lyne, (26/09/2007 at 13:40)

Ace,
It has nowt to do with DVLA supplying privae companies - It supplies ANYONE with the information. If I ran into your car and drove off - the police are not interested but you can get my details from the DVLA if you have my registration number. And only a court of law can FINE you - check your parking ticket and it says PENALTY CHARGE
The Parent and Child Sign is also misleading as until my dad and step mum die I am still their 60 year old child!

sallyg, Lancs (26/09/2007 at 13:41)

No-one can issue fines, ace. Asda or their agents can issue invoices. If they obtain details from the DVLA, then they only have details of the RK. Only the driver of the vehicle can possibly have been in agreement to entering a contract, and if that was not the RK, then the RK is under no obligation to pay any invoice, or even to tell Asda who the driver was.

Asda's invoice relies on the fact, of course, that the driver has seen the signs and that a conract HAS been entered into.

Thereafter, the damages to which Asda is entitled are limited to what they have lost. And what have they lost by you parking in the wrong space? Nothing. Therefore, it follows that damages must be nil.

Ace, I can see that you obviously have an opinion about all this. But it really is not a matter of opinion. It is about the law. Black and white. Sorry.

ace, manchester (26/09/2007 at 13:44)

sallyg, Lancs
Have a drive to tesco in droyleden and read their parking signs you will be charged 70 pounds if you are not shopping in their store and park your car more than three hours and its enforced by numberplate recognition cameras as you drive into the store car park. "Things are changing at last"

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