Amputee fails in appeal over hospital car parking

SickOfItAll_2

Coupon-mad wrote: »

If the Hospital are not providing sufficient disabled accessible spaces for the need then disabled drivers/passengers would be within their rights to lodge a complaint against the hospital/NHS Trust under the Equality Act.

Sounds like they certainly need more disabled bays now that the Council has seen fit to make the street outside a red route. If the Hospital/NHS Trust don't provide enough they can find themselves facing a REAL fine, much higher than this fake one!

jackieb why blame the motorist for the failings of the NHS Trust? I see what you are saying about Hospital car parks often being full - it's true. But why is that the motorist's fault, if he/she is disabled then he/she is entitled to expect 'reasonable adjustments' under the DDA (Equality Act 2010 now) from any retailer or service provider and he can sue if they neglect to deliver that provision.

The 'street' isn't outside, its on hospital grounds - it's a proper road
that circles the whole complex. You're right, they do need more bays
for disabled people. They actually tore up the car park at the North
entrance to put up a new building and it's now half the size it was.
Disabled people need to be able to park right near the hospital because
footpaths around the perimeter (on hospital grounds) are wholly
inadequate and not suitable for wheelchair use. Also, the hospital
grounds are enormous and there's more than enough room for more
parking areas (I seem to recall somebody telling me that if you take
the land into consideration it's one of the largest hospitals in Europe).

Coupon-mad

Oh, so as you say, the PPC has deliberately changed the yellow lines into red ones to reduce disabled parking & hopefully get more victims. Or the hospital has done it without thought as to their LEGAL obligations to disabled visitors/patients. In a huge hospital car park that is ridiculous and against the DDA (Equality Act) as they have reduced the reasonable adjustment of disabled parking provision.

Seriously, someone needs to send a Solicitor's letter threatening to sue, to teach the Hospital to get out of bed with these so-called parking companies.

SickOfItAll_2

Coupon-mad wrote: »

Oh, so as you say, the PPC has deliberately changed the yellow lines into red ones to reduce disabled parking & hopefully get more victims. Or the hospital has done it without thought as to their LEGAL obligations to disabled visitors/patients. In a huge hospital car park that is ridiculous and against the DDA (Equality Act) as they have reduced the reasonable adjustment of disabled parking provision.

It appears that's exactly what they've done, I considered that road
very important to park on to access a department in that section of
the hospital. I know from experience that it was used a lot by blue
badge holders, out of necessity as they needed to be close to the
entrance - as mentioned, the paths are not adequate for wheelchair
users. It's usually nigh on impossible to find a disabled spot at either
the South or North entrance. The yellow lines that were previously
there should have been enough to prevent non-blue badge holders
from abusing those areas (if policed properly) so changing them to
red should only apply to disabled people who could park there legally.

Coupon-mad

Someone should write to that local paper pointing out about the changes that have happened in that car park and that the Hospital appears to be horrendously failing in its legal duty to make reasonable adjustments for the likely number of disabled visitors.

If someone wanted to start a legal claim I suspect it would win, with compensation for the disabled person if lack of appropriate parking provision made them miss an appointment, caused them stress, and/or led to a fake fine & unwarranted harassment.

SickOfItAll has given me this link to that car park (with original yellow road markings, you can see it's a wide road):

http://maps.google.co.uk/maps?hl=en&...01281&t=h&z=20

Dunno about anyone else but the amount of disabled bays there look a lot less than one finds in the average, much smaller, supermarket car park! Bear in mind that the likelihood in a large hospital would surely be that a much higher percentage of visitors/patients are going to fit the DDA definition of disability than your average shoppers.

Hence a 'reasonable adjustment' has IMHO not been made for the disabled need.

SickOfItAll_2

Coupon-mad wrote: »

Someone should write to that local paper pointing out about the changes that have happened in that car park and that the Hospital appears to be horrendously failing in its legal duty to make reasonable adjustments for the likely number of disabled visitors.

[cut]

Dunno about anyone else but the amount of disabled bays there look a lot less than one finds in the average, much smaller, supermarket car park! Bear in mind that the likelihood in a large hospital would surely be that a much higher percentage of visitors/patients are going to fit the DDA definition of disability than your average shoppers.

Hence a 'reasonable adjustment' has IMHO not been made for the disabled need.

Well parking has been a problem there generally in recent years and
although that link only shows a small part of the total parking available
there definitely isn't enough provision for blue badge holders close
to the hospital. We can use normal bays but as I say, even they are
hard to find now.

Incidentally, I did contact the Gazette and I asked them to pass this
thread link on to the author of the article. I hope they do.

Coupon-mad

SickOfItAll wrote: »

Well parking has been a problem there generally in recent years and
although that link only shows a small part of the total parking available
there definitely isn't enough provision for blue badge holders close
to the hospital. We can use normal bays but as I say, even they are
hard to find now.

Incidentally, I did contact the Gazette and I asked them to pass this
thread link on to the author of the article. I hope they do.

I hope they do too. My info is based upon my previous job, as a Service Manager in a disability advice centre. The paper only needs to check out the DDA legal requirements the hospital needs to meet to see what has happened here. There's a much bigger story here than the amputee getting a piece of rubbish put on his windscreen that he can safely ignore.

Clearly the building expansion and the removal of the facility for the disabled users to park on that road.has left the remaining bays woefully inadequate for need. A disabled person does not have a God-given right to always find a disabled space free - but that car park is clearly failing in its legal duty as the number of disabled bays is pathetic and in no way can be considered meeting the 'reasonable adjustment' legal requirement now.

WickedWolfie

Legally on public highways double red lines can only be applied on "red routes" which are major roads in urban areas, on which stopping is not allowed, including no loading or unloading of a vehicle and no boarding or alighting from a vehicle (except for a licensed taxi or if you hold a Blue Badge). Double red lines mean that the regulations apply at all times and on all days.

Red routes are mainly used on major bus and commuting routes.
Red routes are used in London where they are policed by "Red Route Patrols" as well as in Birmingham and Edinburgh (where they are known as 'Greenways').

http://en.wikipedia.org/wiki/Red_route

"240

You MUST NOT stop or park on

• the carriageway or the hard shoulder of a motorway except in an emergency (see Rule 270)
• a pedestrian crossing, including the area marked by the zig-zag lines (see Rule 191)
• a clearway (see 'Traffic signs')
• taxi bays as indicated by upright signs and markings
• an urban clearway within its hours of operation, even when a broken white line is on your side of the road, except to pick up or set down passengers (see 'Traffic signs')
• a road marked with double white lines, except to pick up or set down passengers
• a tram or cycle lane during its period of operation
• a cycle track
• red lines, in the case of specially designated ‘red routes’, unless otherwise indicated by signs

Any vehicle may enter a bus lane to stop, load or unload where this is not prohibited (see Rule 141).

[Laws MT(E&W)R regs 7 & 9, MT(S)R regs 6 & 8, ZPPPCRGD regs 18 & 20, RTRA sects 5, 6 & 8, TSRGD regs 10, 26 & 27, RTA 1988 sects 21(1) & 36]"

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860

UNLESS this hospital has somehow had their provate grounds made a "red route" or has persuaded the local council to do this on a public road, in which case a PPC has ZERO powers, methinks this hospital is playing very fast and loosw with the legislation and could get much more grief....

Local council or local press would be a good port of first call.....