Disabled Bay Private Car Park

MDBJ

PPCHomeTruths wrote: »

You must obtain a disabled badge to use disabled bays.

The rules are black and white.

Absolutely correct. Only it would seem that you have failed to acquaint yourself with all of the relevant ones. That's right the rules (actually its the law) that apply to you. I'm sure that the idea of having to read up on genuine statue law will be a novel experience but then just accept it as part of life's rich tapestry.

Oh, where to start reading? The Equality Act 2010 would be a good place to start. Clue: Not all those classified as disabled within the meaning of the Act are entitled to blue badges but those same disabled persons are covered by the Act. I was going to ask for answers, in less than 50 words on a postcard but writing that much in crayon.....? You get the idea.

PPCHomeTruths wrote: »

The rules are their for a reason. If an exception is made for one, then it must be made for all.

Do you know, just for a moment there I thought this chump actually believes that load of baloney. Then I remembered that you called yourself PPCHomeTruths and I slipped back into the world of dreams.

I'll tell you what, because I'm like that, I'll give you another clue. Instead of using the word "exception" I suggest that you read up on what "reasonable adjustment" might possibly mean in the context of privately owned car parks and the absence of a blue badge.

PPCHomeTruths wrote: »

Independent Enforcement Agencies uphold decency in private car parks, and they must do so in an even fashion.

I'm sorry but I think that is just a straightforward wind up.:eek:

robredz

Coupon-mad wrote: »

I think I would attach printed information, such as the definition of disability and make an official complaint about HIM.


'Provision of Services and Public Functions

In addition to the general prohibitions provided by the Act, section 29 deals specifically with the provision of services. Under section 29, a service provider must not refuse to provide a service to a person with a protected characteristic and must also not discriminate in the terms on which the service is provided, by terminating the service, or by subjecting the service user to any other detriment. '

Robredz you must deal with this head-on and with facts attached to your letter, and bear in mind that you COULD get compensation. Even if you do not intend to sue, if the discussion on the matter gets discriminatory and they disagree with you, just drop it in to the conversation that you know that the remedy for disability discrimination is fairly hefty monetary compensation - but all you want is an apology and the knowledge that his behaviour will not be allowed to happen again.

Because the guy knew about your disability he is in breach of the law. FACT. You do not have to apply for another Blue Badge so do not even mention it as it's irrelevant on private land.

Thanks Coupon-Mad, you have given me a head start in my research as to how to tackle this person,. there is history, with him as a few months previously I had to use a bay, and he made such a fuss about how I should have used a BB, and not to do it again, and I did point to my stick and say, but I am disabled, he said no the BB is the only legal way to use a bay. I didn't need to use one again until yesterday.

Off site parking is 300 metres away on the other side of the road and is literally on road, past the building and you have to cross where there is a lot of traffic, but usually you have to park up a side road around 700 metres away, which is way way outside my comfort zone, as any walking is with varying levels of discomfort.

What i need to find is where something states, prima facie the blue badge scheme doesn't apply on private land to quote also.

robredz

Addendum: I have contacted the Equalities and Human Rights Commission regarding this incident, and hopefuly they will be able to give me a couple of pointers

NAP6W

Just go to your local Tesco store to see disabled bays being abused. I regularly shout at little chavvy boys in their Corsas for miss-using them on the basis I think there could be a genuine user just round the corner due to pull in. Private land bays are a moral minefield.

amibovvered

bromsgrovebarry wrote: »

Because little troll if you knew the first thing about the Equality Act, you would know that not all disabled people have or want a blue badge.

I'm only curious about this, so don't all jump down my throat, but are you suggesting that anyone who could be described as disabled as defined in the Equality Act has a right to park in 'disabled' parking on private land? Even if they would not be eligible for a Blue Badge? I've had a quick read of the act and I satisfy the criteria due to a profound hearing loss - can I park in a disabled space, despite the fact that my hearing loss does not cause any mobility problems? And if someone in a wheelchair or using crutches or hopping about on one leg abused me for taking up a space I wasn't entitled to could I really say the Equality Act covers me? What mobility problems might a person have that wouldn't entitle them to a Blue Badge? The only one I can think of, off the top of my head, is temporary mobility problems, I know you cannot get a Blue Badge for those even if while they last they are as much a problem as permanent ones.

pogofish

amibovvered wrote: »

I'm only curious about this, so don't all jump down my throat, but are you suggesting that anyone who could be described as disabled as defined in the Equality Act has a right to park in 'disabled' parking on private land? Even if they would not be eligible for a Blue Badge? I've had a quick read of the act and I satisfy the criteria due to a profound hearing loss - can I park in a disabled space, despite the fact that my hearing loss does not cause any mobility problems? And if someone in a wheelchair or using crutches or hopping about on one leg abused me for taking up a space I wasn't entitled to could I really say the Equality Act covers me? What mobility problems might a person have that wouldn't entitle them to a Blue Badge? The only one I can think of, off the top of my head, is temporary mobility problems, I know you cannot get a Blue Badge for those even if while they last they are as much a problem as permanent ones.

There is no issue of "right" at all. Other than as a courtesy (which nobody here condones the abuse of!) disabled parking simply has no meaning on private land.

And I'm maybe in a similar position - I have a problem that has seriously affected my movement and I have passed the first long-term criteria for being disabled under the act, however it will be a few months yet before I can apply for a badge. However, my employer has responded (unbidden by me) to the situation and said I can make full use of the disabled facillities, including spaces/lifts etc.

robredz

PPCHomeTruths wrote: »

Instead of pointlessly bickering about what probably was a very minor incident, why not simply get a Blue Badge and avoid the possibility of a PLPI?

There is no parking charge applicable, parking is a known issue at the site, the BB scheme is a concession for on road and council parking areas, and is not mandatory in privarte situations. yes a BB can be taken as evidence of disability; but in this case is not really of any consequence due to:

1: The guy already knows I have limited mobility, he has seen me with a stick,

2: I tried to explain to him that on private land i was entitled to use the bay as I am disabled within the meaning of the Equalities Act 2010

3: His treatment of myself by ignoring my (obvious)disability, and threatening to tow the vehicle even though I offered to move it, then accusing me of abuse and escorting me out of the building was imho, a fundamental breach of the Equalities Act.

4: Whether or not I apply for or obtain a BB is entirely up to me, as esmerobbo has pointed out.

As I like some disabled drivers, drive a Transit type vehicle due to the seating position being more suitable for someone with spinal injuries, I found that I was being quizzed by wardens and jobsworths about a BB on the vehicle and unduly harrassed, viz tickets issued for parking in a space where badge displayed, as warden thought disabled people only drive cars, (appealed and quoshed) invoices from PPCs in supermarkets, where badge displayed, (ignored and binned) so I didn't bother to renew it when it expired. just check how many big campers have a BB in the windscreen, go on be surprised.

robredz

PPCHomeTruths wrote: »

These are all secondary considerations to the nitty gritty of the matter.

No disabled badge = No disabled parking.

This can be applied either on road, or off-road, through the use of a contractual agreement.

The rules are clearly laid out.

Many PPC so called contracts fall foul of UCTA, so take that one away with the faeries, along with by parking the driver binds the world and it's dog into the contract.

MDBJ

amibovvered wrote: »

I'm only curious about this, so don't all jump down my throat, but are you suggesting that anyone who could be described as disabled as defined in the Equality Act has a right to park in 'disabled' parking on private land? Even if they would not be eligible for a Blue Badge? I've had a quick read of the act and I satisfy the criteria due to a profound hearing loss - can I park in a disabled space, despite the fact that my hearing loss does not cause any mobility problems? And if someone in a wheelchair or using crutches or hopping about on one leg abused me for taking up a space I wasn't entitled to could I really say the Equality Act covers me? What mobility problems might a person have that wouldn't entitle them to a Blue Badge? The only one I can think of, off the top of my head, is temporary mobility problems, I know you cannot get a Blue Badge for those even if while they last they are as much a problem as permanent ones.

Firstly, what is being said is that people who are disabled within the meaning of s.6 Equality Act 2010 are entitled to expect the provider of a service (in this case) to make "reasonable adjustment" to enable them to carry out normal day to day activities. To fail to do so may amount to discrimination.

Insofar as that may relate to your condition, based on your post, probably no "reasonable adjustment" is necessary for you to be able to park and shop as normal - for the wont of a better expression. However, in cases such as mine and robredz, for example, our disability is such that we need that "reasonable adjustment" in order to be able to use the facilities.

The Blue Badge criteria have been changed and unless you are registered blind or receive the higher rate mobility allowance portion of DLA or are on a War Pensioner Mobility Allowance then you have to undertake an assessment for a blue badge. The overriding criterion that is applied is "a permanent and substantial disability which means they cannot walk, or makes walking very difficult"

Now, I can walk its just that I cannot walk very far or that well and having to walk around a supermarket is a great drain besides trying to cope with shopping bags etc. Occasionally I use instore wheelchairs to be able to shop without tiring myself out completely. However, I do not currently meet this new criterion apparently my disability makes walking somewhat difficult not very difficult. However, I am still disabled within the terms of s.6 and entitled to "reasonable adjustment". In my case that adjustment would simply be to be able to park in the disabled spaces so that I can access the store in as normal a fashion as possible.

Currently, I have to visit the store late in the evening in order to be able to park as close to the entrance as possible if a disabled space is not available and run the risk of being issued with a Town & City invoice if I do so because I have no BB to display.

I thought I was an odd-man-out when I first posted here a few weeks ago but what has become obvious is that there is a disabled underclass who are entitled to the dispensations etc provided by the Equality Act but do not fulfil the test for a BB. By using the BB scheme as the sole test for use of their disabled spaces supermarkets are failing in their duties with regard to the Act and, probably, their planning permissions.

To pretend that the BB scheme is the only means of determining whether someone is disabled is to betray a lack of imagination and equity. Was it not these same supermarkets who also established "Parent & Child" Clubs to govern used of P & C spaces? Why not a Disabled Club? Or even simpler why not employ a car park warden to make judgments about who gets to use certain spaces? Of course, silly me, that would cost money whereas using PPC's enables them to make money.

robredz

MDBJ wrote: »

Firstly, what is being said is that people who are disabled within the meaning of s.6 Equality Act 2010 are entitled to expect the provider of a service (in this case) to make "reasonable adjustment" to enable them to carry out normal day to day activities. To fail to do so may amount to discrimination.

Insofar as that may relate to your condition, based on your post, probably no "reasonable adjustment" is necessary for you to be able to park and shop as normal - for the wont of a better expression. However, in cases such as mine and robredz, for example, our disability is such that we need that "reasonable adjustment" in order to be able to use the facilities.

The Blue Badge criteria have been changed and unless you are registered blind or receive the higher rate mobility allowance portion of DLA or are on a War Pensioner Mobility Allowance then you have to undertake an assessment for a blue badge. The overriding criterion that is applied is "a permanent and substantial disability which means they cannot walk, or makes walking very difficult"

Now, I can walk its just that I cannot walk very far or that well and having to walk around a supermarket is a great drain besides trying to cope with shopping bags etc. Occasionally I use instore wheelchairs to be able to shop without tiring myself out completely. However, I do not currently meet this new criterion apparently my disability makes walking somewhat difficult not very difficult. However, I am still disabled within the terms of s.6 and entitled to "reasonable adjustment". In my case that adjustment would simply be to be able to park in the disabled spaces so that I can access the store in as normal a fashion as possible.

Currently, I have to visit the store late in the evening in order to be able to park as close to the entrance as possible if a disabled space is not available and run the risk of being issued with a Town & City invoice if I do so because I have no BB to display.

I thought I was an odd-man-out when I first posted here a few weeks ago but what has become obvious is that there is a disabled underclass who are entitled to the dispensations etc provided by the Equality Act but do not fulfil the test for a BB. By using the BB scheme as the sole test for use of their disabled spaces supermarkets are failing in their duties with regard to the Act and, probably, their planning permissions.

To pretend that the BB scheme is the only means of determining whether someone is disabled is to betray a lack of imagination and equity. Was it not these same supermarkets who also established "Parent & Child" Clubs to govern used of P & C spaces? Why not a Disabled Club? Or even simpler why not employ a car park warden to make judgments about who gets to use certain spaces? Of course, silly me, that would cost money whereas using PPC's enables them to make money.

Excellent summary of the issues thanks MDBJ, in my case due to the fact that the person knows I am disabled and have difficulties, the whole thing hinges on HIS interpretation of what HE considers "THE LAW" and to him anywhere in the UK no badgee = no parkee
so IF I had renewed my BB I wouldn't have had a problem, as I didn't he considers that if I can't park in a normal space due to none being available, I should park possibly 7-800 yards away up a side street and walk albiet with discomfort into the building up a sloping drive. I don't make a habit of parking in a bay, contractors vehicles often do however. he did put one of those Baywatch papers on my windscreen, the ones issued by our old pals Mobilise or whatever they call themselves now. My point is and I cannot seem to get through to people that he discriminated against me, as most people think the BB is a legal requirement everywhere. My problem is that he has made a "Formal complaint" about me for telling him what the Equality Act meant, as that was "abusing him" so if i park on the site at all I risk my motor being towed.