Fined for parking in disabled bay, but AM disabled.

xoxnitaxox

Hi.

I recently parked in a disabled bay of a private car park (IKEA) and received a fine as I wasn't displaying a blue badge. I recently applied for the badge and it hasn't arrived yet but wrote tot he company stating I would send a copy of it to them as soon as I get it.

My question is, do I have to pay this? If the car park was monitored the "parking eye" or person who gave the ticket would have seen I was clearly disabled.

My 14 days runs out on Thursday so I need quick replies or they intend to add another £30 onto the charge.

Thanks

adouglasmhor

No and it's not a fine, they can possibly be done for discrimination if they are daft enough to push it.

What company issued the paring charge thingy?

xoxnitaxox

adouglasmhor wrote: »

No and it's not a fine, they can possibly be done for discrimination if they are daft enough to push it.

What company issued the paring charge thingy?

The company is ParkingEye - Unfortunately I did appeal before coming to this website telling them that I am registered disabled and that I was waiting to receive the blue badge.

xoxnitaxox

HO87 wrote: »

Out of interest was the invoice your received from IKEA themselves or from a car park "management" company? If the latter, would you like to tell us their name?

It was from ParkingEye.

xoxnitaxox

IKEA are, in effect, being lazy and using a means - the blue badge - that has no legal weight on private land rather than being proactive and having a realistic method of identifying customers who are disabled so as to fulfil their duties under the Equality Act.

This is an interesting point. Do you think that this requirement extends to having to provide a disabled parking space to someone who is legitimately disabled, whether they currently have a blue badge or not?

adouglasmhor

xoxnitaxox wrote: »

Where did you get that information? Is it a legal thing or...?

Yes it is a legal thing - dsablity discrimination act applies.

BTW don't sweat it, parking eye and their fake debt collectors and incompetent solicitor will send you 4 nasty letters - reply to none of them. See the sticky on this.

https://forums.moneysavingexpert.com/discussion/2214803
and here is what to expect
https://forums.moneysavingexpert.com/discussion/1363571

HO87

xoxnitaxox wrote: »

Where did you get that information? Is it a legal thing or...?

The Blue Badge scheme applies only to onstreet parking and council-operated car parks. The scheme does not extend to private car parks such as those run by specific stores/supermarkets or retail parks.

IKEA like all other such organisations are obliged by virtue of the Equality Act (which has superseded the Disability Discrimination Act) to make reasonable adjustments for disabled people. Arbitrarily applying the blue badge as the sole criterion - especially as blue badges have, since February, become very much more difficult to obtain than they were - will exclude a large number of genuinely disabled.

IMO the blue badge is being widely used in private car parks as an idiot-proof yardstick to enable private parking companies to exploit the situation and boost profits from their car park "farming" and nothing else.

xoxnitaxox

HO87 wrote: »

The Blue Badge scheme applies only to onstreet parking and council-operated car parks. The scheme does not extend to private car parks such as those run by specific stores/supermarkets or retail parks.

IKEA like all other such organisations are obliged by virtue of the Equality Act (which has superseded the Disability Discrimination Act) to make reasonable adjustments for disabled people. Arbitrarily applying the blue badge as the sole criterion - especially as blue badges have, since February, become very much more difficult to obtain than they were - will exclude a large number of genuinely disabled.

IMO the blue badge is being widely used in private car parks as an idiot-proof yardstick to enable private parking companies to exploit the situation and boost profits from their car park "farming" and nothing else.

I'm looking over the Equality Act now, but can't find the correct clause.

xoxnitaxox

Thanks for the quick replies. It looks to me that I can use the Equality Act as a legal defense to fight this ticket (or ignore it).

I say this in the context of the fact that IKEA are legally obliged to provide me with disabled access, and by fining me, they are obviously discriminating against me for using a disabled parking space when I have no other option.

It sounds like the course of action I should take is to ignore ParkingEye's demands and to put pressure on IKEA pointing out they are in breach of the Equality Act.

HO87

xoxnitaxox wrote: »

I'm looking over the Equality Act now, but can't find the correct clause.

s.20 is where you need to look. Click here

HO87

xoxnitaxox wrote: »

Thanks for the quick replies. It looks to me that I can use the Equality Act as a legal defense to fight this ticket (or ignore it).

I say this in the context of the fact that IKEA are legally obliged to provide me with disabled access, and by fining me, they are obviously discriminating against me for using a disabled parking space when I have no other option.

It sounds like the course of action I should take is to ignore ParkingEye's demands and to put pressure on IKEA pointing out they are in breach of the Equality Act.

Correct. Ignore ParkingSpy and have a real go at IKEA. Out of interest did you know that Disabled Motoring UK are in the pay of PPC's? No, I thought not - but its true. You might like to post on their forum explaining what happened to you but don't expect too much sympathy from them. One gets the impression that there is something of a blue badge clique.