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Tesco Express Car Park - Private Ticket Yellow Lines, Parking Charge Notice - Private Car Park - BPA Company
AntiTesco
post Wed, 19 Dec 2018 - 15:25
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Thank you for taking the time to read, I have not submitted an appeal yet.
In my area of West London, Tesco Express outsource / lease their car parks to Private firms and are being ruthless. This was no exception.



The specific contravention is "parked on double yellow lines" by PPS who are a BPA member.

I am the registered keeper but I can't confirm currently who would have actually been driving which is the first part. Both my Mum and I are both insured and use the vehicle, both of us are of poor mobility with her having a blue badge for hers, and a chronic spinal condition for me. We both went to the store that night but have no way of proving who was driving between us.

On this visit to Tesco at 9:20pm, the rear entrance to the store from the car park is shut rendering the disabled bay unsuitable as you have to walk all around the building. My mum is unable to walk such a distance so we have had to park nearest to the front of the car park on yellow lines but not causing any obstruction. The public service road out the front was full. The visit lasted for less than 10 minutes and was very disappointed to be sent this ticket through the post.

I would like to appeal on the grounds of it being unfair that the entrance was deliberately closed as is often the case in the evening and discrimination to the disabled for not providing parking spaces near the front entrance.

I took a picture of the sign at the entrance to the car park for your information, however it was not visible face on as you enter the car and had to go back to the site to spot it.



So my argument is:
Are yellow lines enforceable on private land as not a highway. (mitigated perhaps by signage)
Unclear signage
Discrimination against the disabled
Unable to ascertain who the driver was at the time.

If someone feels there is good grounds to appeal then I would appreciate it tremendously. I am about to complain to tesco in the first instance, however, no doubt that usual response saying they do not own or are not responsible for the land will come back.

This post has been edited by AntiTesco: Wed, 19 Dec 2018 - 16:47
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post Wed, 19 Dec 2018 - 15:25
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ostell
post Wed, 19 Dec 2018 - 15:33
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There is no such thin as the registered driver.
They are enforceable in much the same way as the rest of private parking.

Have you been to see the manager at the store and complained to them? About the not making reasonable adjustments under the equalities Act, a possible criminal act, indeed positively discriminating against disabled customers by shutting the door next to the disabled spaces. Possibly an irate email to the Tesco CEO. Of course you expected the reasonable adjustment of being able to park on double yellows that is allowed on public roads.
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bearclaw
post Wed, 19 Dec 2018 - 15:35
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Complain hard, in store, in person to the manager (make sure they get the manager out to talk with you) and point out that thier failure to accomodate someone under the Equality Act is what lead to this. Ask them to ensure that the charge is cancelled and stick to your guns.

If that doesnt work then it's time to appeal to the parking company and start the ball rolling there. However the closure of the doors by the only disabled spaces is going to be a big stick to beat Tesco with and they will probably be quite accomodating.

Ostell beat me to it....

Normally you wouldn't have that big a stick but the door closing and the Equalities Act coming inot play are indeed criminal and Tesco should play ball.

This post has been edited by bearclaw: Wed, 19 Dec 2018 - 15:36
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The Rookie
post Wed, 19 Dec 2018 - 15:43
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Do not work out who was driving, you have been written to as registered keeper, you are better off not knowing who was driving, and even if you do don't tell us on here or PPS.

The car park will still be Tesco's its very unlikely it's been leased at all, just PPS enforcing it for free to Tesco and at a significant cost to their customer's and hopefully their business.


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AntiTesco
post Wed, 19 Dec 2018 - 16:46
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I have been sent it as the keeper and we are genuinely unsure of who was driving. So, If they can't prove it and we can't prove it then we are in a bit of a stale mate as to who the charge is against as there is no contract with the keeper but that of the driver?

I have not been able to visit the store personally since receiving the letter yesterday. I have started with a tweet to Tesco so far asking for owner of the land and will make representation to them. I will also get evidence of the back door being shut during regular opening hours to add strength of the claim.

The issue is Tesco typically deny responsibility and refer to parking services as I've seen in the past about a different branch.

I am sure a claim now would be rejected by PPS and go to POPLA where I can't see how they will uphold it on the fact both of us of poor mobility had no choice.

The only thing is we didn't display her blue badge but I can send proof she has one, along with my medical file, but blue badges have no authority on private land which was why there was no point taking it out of the glove box. Not least for a 5 minute stop for supplies at Tesco as we were passing.

thanks for your help, if anyone has links to specific clause in legislation that would be beneficial to include in my claim then I would be ever grateful.

Many thanks

This post has been edited by AntiTesco: Wed, 19 Dec 2018 - 17:02
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bearclaw
post Wed, 19 Dec 2018 - 17:05
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You still need to go to the store ideally. Look at it this way - the manager can easily brush off a tweet from someone who isn't there and has just written a few words on social media.

It's much harder to ignore someone standing in front of you politely but firmly saying - "You didn't make reasonable adjusments as required by the Equality Act and that ommission of yours caused me a lot of problems. I expect you to fix these problems before it gets as far as court" - with the obvious undertone that if it does go as far as court you will win and rub their noses in it at the same time.

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cabbyman
post Wed, 19 Dec 2018 - 20:22
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Dear sirs,

ref xxxxx

I have received your above invoice addressed to me as registered keeper.

Please be advised that an occupant of the vehicle at the time has protected characteristics as defined by s6 of the Equality Act 2010.

As you are already aware, your paperwork fails to comply with the Protection of Freedoms Act 2012 sched 4 to hold me liable as keeper. I am not required to identify the driver to you and will not be doing so without an order of the court.

I require you to cancel this invoice or provide me with a POPLA code where I shall arrange for you to be instructed to cancel.

Love and kisses.


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Cabbyman 11 PPCs 0
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SchoolRunMum
post Wed, 19 Dec 2018 - 20:34
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QUOTE
The issue is Tesco typically deny responsibility and refer to parking services as I've seen in the past about a different branch.


You need to complain to Tesco Dundee, using the same words about reasonable adjustments under the Equality Act 2010, as cabbyman has written above for your first appeal to PPS. Add that the store failed to make available an accessible disabled bay, thus of course a passenger or driver with protected characteristics is entitled to use a double yellow line, as these lines are not in themselves an indicator of no parking/stopping, and indeed Blue Badge Holders are positively entitled to park for 3 hours on DYL on street.

Finish by telling Tesco (in case they say ''you can't park on DYL'') that they are wrong in law, and if they wanted to mark that area of private land to prevent disabled people from parking at all, it would need to have kerb blips and a loading/unloading ban in place, or alternatively they should mark the kerb with double red lines (a red route) or yellow hatchings with applicable signage. Those sort of no stopping markings might hold weight, but by merely marking DYL, Tesco are in fact offering parking to disabled people.

This post has been edited by SchoolRunMum: Wed, 19 Dec 2018 - 20:35
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AntiTesco
post Fri, 21 Dec 2018 - 11:06
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Thanks for your help guys, I have been to the store twice and the store manager has not been in, I have tried to contact him on the phone and have no joy. I have pictures and video evidence of the door being closed by the disabled entrance during opening hours and have no choice but to make the appeal now. Complaints have been made to Tesco and the area manager has been informed, however, they have not made contact with me and can't see them doing so.

The store worker thinks it is an area manager decision for "security". I'm sorry but equal opportunities come before security. Closing disabled access at 8pm is totally unacceptable.

I shall made a double appeal both under the guidance of not knowing who was actually driving at the time and disability discrimination.

I shall draft up the appeal at work today and send it off over later digitally.

Thanks for your input guys.
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bearclaw
post Fri, 21 Dec 2018 - 11:13
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Go talk to the organ grinder then... Tesco head office – 01992 632 222

(I've had to do this before... if you tell them you think there is an Equality issue then head office will deal with it)
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AntiTesco
post Fri, 21 Dec 2018 - 11:25
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https://streamable.com/3pbcx

Video Evidence of the store open and rear doors shut.
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goldfishbowl
post Fri, 21 Dec 2018 - 12:04
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There is often a simple solution to these tickets I have used previously. Is the t's & C's sign fully readable without you leaving your car so that you do not enter a contract with the PPC. If it is not and you do not have the opportunity to drive away the contract of the Ticket is non-enforceable:

https://www.britishparking.co.uk/write/Docu...anuary_2018.pdf

13.1 If a driver is parking without your permission, or at
locations where parking is not normally permitted they
must have the chance to read the terms and conditions
before they enter into the ‘parking contract’ with you. If,
having had that opportunity, they decide not to park but
choose to leave the car park, you must provide them with
a reasonable grace period to leave, as they will not be
bound by your parking contract.
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AntiTesco
post Fri, 21 Dec 2018 - 12:19
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I can throw that into the mix. thanks. We turned left into the car park and with a hatchback, that sign was not noticeable at eye level and was sideways on. We drove straight to the disabled bay where we then realised the door was shut so went round the side to the front. The public service road outside the front was full so reversed back onto the yellow line as the closes safe spot to stop to the entrance without causing any obstruction. They use cross hatchings where they don't want people to park and cause obstructions so why haven't they used the same cross hatchings round the side and used yellow lines instead. That to me indicates that they accept a difference between the two so have pushed on that too.



This post has been edited by AntiTesco: Fri, 21 Dec 2018 - 12:20
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AntiTesco
post Fri, 21 Dec 2018 - 12:30
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Dear Sirs,

I have received your invoice addressed to me as the registered keeper.

Please be advised that an occupant of the vehicle at the time has protected characteristics as defined by s6 of the Equality Act 2010, namely, a person of reduced mobility.
The reason the vehicle was parked where it was, was owing to the fact the store had closed the rear entrance during open hours preventing users of the disabled bay to access the store. The car was therefore parked as close to the front store entrance as possible because of the reduced mobility. As the store failed to provide adequate parking for people of protected characteristics, we are entitled to use a double yellow line as these lines are not in themselves an indicator of no parking/stopping and allow blue badge holders 3 hours of parking. If you specifically don’t allow anyone to park there, the yellow lines should be accompanied with double markings/blips on the kerb and a loading/unloading restriction sign in place. This could also be marked with cross hatching or red lines. You have used yellow box crosshatchings in the entrance so why have you used yellow lines on the side if you didn’t intend to allow disabled people to park there? A discrimination claim is being submitted to Tesco and will be copied into yourselves additionally to this appeal for failure to make reasonable adjustments under the equalities act. Evidence of this is viewable from this video https://streamable.com/3pbcx which shows discrimination against those of protected characteristics from using the facilities of the store and car park.

Further to this, your signage is not visible at eye level in a hatchback nor can those turning left into the car park see it. As a result, I would add unclear signage to the appeal on the grounds of being unable to enter into a contract as unable to read the terms and conditions without leaving the vehicle as per clause 13.1 In the BPA code of practice. https://i.imgur.com/H6xs4lC.jpg

As you are already aware, your paperwork fails to comply with the Protection of Freedoms Act 2012 sched 4 to hold me liable as keeper. I am not required to identify the driver to you and will not be doing so without an order of the court.
I require you to cancel this invoice or provide me with a POPLA code where I shall arrange for you to be instructed to cancel.

Yours sincerely,

This post has been edited by AntiTesco: Fri, 21 Dec 2018 - 12:33
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Jlc
post Fri, 21 Dec 2018 - 12:37
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QUOTE (SchoolRunMum @ Wed, 19 Dec 2018 - 20:34) *
Finish by telling Tesco (in case they say ''you can't park on DYL'') that they are wrong in law...

The only gotcha on that is those regulations apply under statutory control. They won't apply on private land - but it's reasonable to assume that similar should apply.


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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