Does anyone know the legalities of supermarket parking fees?

[RedPandaWanda]

I could really do with some advice if anyone knows much about this subject?
My 80 year old father has received a letter from a company called CST Law, acting on behalf of a company called Smart Parking Limited.
The letter is for a supposedly unpaid debt of £170.
Basically, it threatens to take him to court if not paid.
My father had no idea what it’s about. I have contacted the company and they are saying it’s from a Parking Charge Notice which Smart Parking Limited issued my father with back in the summer of 2021 for overstaying the allocation allowed parking time (by 20 minutes) in a local retail park.
Luckily, my father keeps all his receipts. We have gone back on that day and it was when they (father and my mother) did their weekly food shop in the Morrison’s which is situated in the retail park. It appears they stayed 20 mins over the allotted time.
My father is 80 and my mums carer, she is 79, disabled and has Alzheimer’s, getting round a supermarket isn’t a five minute job for them. They also always park in a disabled parking bay displaying mums disabled blue badge. They also usually go in the cafe for a drink before/after their shop as it whacks mum out.
The company are saying they have posted several ‘parking notices’ since the original fine, which at the time was £60, this has now escalated to £170. Obviously nothing was sent recorded delivery as dad has not signed for anything. We have no way of knowing if these other letters have genuinely been posted to their address or not, the only thing we can think is that mum has thrown the notices away as she does often think that a lot of post is junk mail and if dad is in the garden or having a wash extra when the post comes she has a tendency to throw them away.
My dad is in a real state about this, he isn’t in the best of health himself and is really stressing that he’ll end up in court unless he pays this fee.
I think he will need to pay it for his own peace of mind but I am rather annoyed that he has a now, much higher charge when he was totally unaware of the original one of £60. Also annoyed that they parked in this car park for a genuine reason ie for their weekly shopping and we have proof of this with the receipt.
What an awful world we live in where elderly/disabled people are penalised for pootling around a supermarket.
I don’t suppose there is anything we can do about it is there? Just suck it up and pay the fee?
Any advice most welcome.

If you Google the company and money saving expert there are usually some templates you can use to write to them. As he has his receipt and it was only 20 minutes over I would suspect it might be waived.

I had the same thing happen to me when I overstayed the allocated time in Sainsbury's. Mine was for a baby related reason and I knew I'd overstayed and raised it with Sainsbury's who said it would be fine. However, I then got a parking charge notice from a private company. I called the store and spoke to the manager who contacted the private company and got the charge scrapped. Perhaps you could try that?

I had this, also using a blue badge. There should be an appeal email address, if so do appeal. Go back to the supermarket, look for the signage and see if it says anything about extra time with a blue badge.
I emailed, explaining and they refused to let me off, and there was a link for how to challenge it further through a third party, which was just a photo of the blue badge and an explanation of the situation. I did this and they didn’t contest it so it was a case of no fine to pay.
It’s the principle of it, you are absolutely right. Good luck 🤞🏻

You only need to pay if it’s a penalty notice or fixed penalty notice as these are issued by the council. Any other parking charges are just invoices and are unenforceable. If it literally says ‘parking charge’ on the letter then I’d ignore it

I would definitely get in touch with Morrisons first off. I bet they will be able to sort it, if not then I'd try with the company themselves, then one of the 'consumer experts' at The Guardian or similar.

Call the company and explain that he never received the initial letter and that he's willing to pay the £60 initial fine and theyll probably be ok with that

Thank you all.
I have contacted Morrison’s but as it’s a small retail park with 4 other stores on it they say there isn’t anything they can do.
However, I will look if there is an appeal section and take it further that way.

First thing would be to go into Morrison’s ask to speak to the manager and as them to refer it to whoever is in charge of the building and car park lease.
I can't see them wanting bad publicity over a blue badge holder with a disability being penalised because the disability prevents that shopper from carrying out normal tasks at the same speed as the average able body shopper.
While I can understand they may wish to keep the car park spots available and discourage day parking but that is not what is happening with your parents.

Horrible companies. There seems to be a pattern of some people never getting the original fine and then it escalating to £170 quite quickly. This has happened to me and another person. I think they do it deliberately.

@RedPandaWanda

Thank you all. I have contacted Morrison’s but as it’s a small retail park with 4 other stores on it they say there isn’t anything they can do. However, I will look if there is an appeal section and take it further that way.

The retail manager may not be able to do anything but HQ don't need bad PR. One of their selling points is good customer service. Try ringing the HQ if the local managers can't progress it.

You will get great advice here -

www.pepipoo.com/

Don't ignore it, that's not good advice.

Start the appeal process it freezes anything they can do
Then check their terms and conditions small print they should have a grace period in there I did this and won on appeal

@Winniemarysarah

You only need to pay if it’s a penalty notice or fixed penalty notice as these are issued by the council. Any other parking charges are just invoices and are unenforceable. If it literally says ‘parking charge’ on the letter then I’d ignore it

Bad advice. Definitely dont ignore it, although this was the advice a few years ago but things have changed. Do nothing and you could end up in court

As mentioned Pepipoo is a good site for the correct advice

The only legally enforceable fines are from the police or council. These supermarket ones aren't worth the paper they're printed on.

I had one, in Asda. I ignored it, didn't contact the place, didn't engage with them at all. Nothing happened.

Bad advice. Definitely don';t ignore it, although this was the advice a few years ago but things have changed.

The only thing which hasn't changed is ignorant people popping up with dangerously bad advice.

As mentioned Pepipoo is a good site for the correct advice

As long as you actually take it.

@Chunkymenrock

I know I'm going to get utterly blasted, but why are you trying to get out of it? We all have to abide by car parks' terms and conditions which are displayed clearly. If you don't or can't abide by them, then you have to make alternative arrangements. I just don't understand why this is being argued about? (Sorry, not helpful, I know.)

I have not said that we want to ‘get out’ of paying it but there are so many issues with this. To start with this is the first my dad is aware of this so called ‘fine’ which has escalated from an supposedly original £60 to this £170 ‘fine’. We can only take their word for it that they have previously sent other fines. A ‘fine’ for parking 20 minutes over again a ‘supposedly’ allocated time allowance to visit their regular food store. A store they spend money in every single week. As I’ve stated my mum is disabled and also has Alzheimer’s, it’s not a quick process shopping with someone with these conditions, they are elderly and take their time. This company made 2 million pounds in profit last year from what is in my opinion, fucking daylight robbery, sticking vulnerable people with heavy fines and threatening to take them to court. Why would anyone just lay back and pay out? They did no wrong, it’s not like they parked there and then went out for the day and used it as free parking, they spent money in one of the stores in the retail park, why the hell should they pay extra for being older, of poor mobility and taking a little bit longer than younger folk??

@MyQuietPlace

The only legally enforceable fines are from the police or council. These supermarket ones aren't worth the paper they're printed on.

I had one, in Asda. I ignored it, didn't contact the place, didn't engage with them at all. Nothing happened.

This used to be true however councils are now chasing i Up private car park fines

You're going to be far beyond the appeal period now, so unfortunately that is not an option.

What you can do is speak to someone higher at Morrisons, or contact the local press if you're OK doing sad face pictures. These 'fines' (they're not fines) can be cancelled as a goodwill gesture.

It would be very surprising if they had not sent any previous correspondence, so I wouldn't try to claim that. Nonetheless I understand your frustration, I hate these scamsters.

Another option, if you can't get it cancelled and can afford to, would be to pay it yourself but tell your dad it has been cancelled.

Chunkymenrock
People with disabilities have a genuine need for more time than most others to do the same task. It’s not “getting out of it”, it’s recognition of the extra need. Attitudes that can’t see this are the reason why progression in understanding of disabilities is slow and the cause of much distress and compounds difficulties many face daily. Please learn to think before querying a 20 minute overstay by a disabled person using a blue badge- it’s not affecting anyone.

OP - do check the car park signage, it will most likely say that if you need additional time due to disabilities to speak to a warden on duty. There probably wasn’t anyone, but that plus proof of the blue badge should be all you need to have grounds to appeal, even outside the time limit.

CorrBlimeyGG I will contact Morrison’s Head Office and see what they say, I’m also going to contact the local MP in that area.
gluenotsoup Chunkmenrocks reply really has saddened me. I am also a PA for a disabled lady and like you say, attitudes like those of this posters are really holding back any kind of hope for acceptance of disability/dementia/older persons struggles with every day tasks and activities which able-bodied people completely take for granted.
I will drive over to the car park myself and take some snaps of the terms and conditions, hopefully there is something of a leeway on it for people with disabilities.

Good luck, Redpanda. I do hope you have success with this. Unfortunately, calling out attitudes that foster resentment of and lack of understanding towards the needs of those with disabilities, learning or physical, is the only way people will stop and think and educate themselves to do better by the vulnerable in our society.
Right - off my soap box 😂 , please let us know how you get on 💐

How long was the parking allowance? If it’s a retail car park with 4 shops then you are looking at 3/4hrs parking and if he only went to Morrisons and still overstayed, that’s a ridiculously long time.

Plus you’ve already explained why he hasn’t seen the previous letters, your Mum throwing them away isn’t a valid excuse.

He needs to pay it.

This happened to my DH at Sainsbury's. The store manager wouldn't do anything so I wrote to the CEO and everything got sorted very quickly.