Disabled Bay Private Car Park

robredz

esmerobbo wrote: »

Idiots they are disabled bays not blue badge bays! By their argument anyone using any disabled facility would need to prove they are disabled.

That is what I tried to explain to them, but they were more interested in "Contractural Obligations" and in tho who owed the duty, the management agency or the lessee, I thought the management agency owed a wider duty to the public at large, but they reckoned it was proportionate to keep the bays free for BB holders. quoted below

" [FONT=Arial, sans-serif]Where the court was satisfied that this was the case, there would remain a difficulty in establishing the management company had refused to make a reasonable adjustment for you. It may be argued by them that in ensuring that the blue badge space was available for blue badge drivers that they were in fact ensuring that blue badge holders were not at a disadvantage should they need to use the space when it was occupied.[/FONT]
[FONT=Arial, sans-serif]It is not clear that there has been a breach of the EA ( Helpline cannot however advise you definitively as we cannot give legal advice). Practically, we can only suggest that where you feel the treatment afforded to you has been inappropriate, to raise a general complaint with the management company, as well as bringing it to the attention of the organisation which you were visiting."[/FONT]
So fireguards of chocolate imho, as they have completely missed the point, they reckon there is no protection for me under the EA in this circumstance

MDBJ

robredz wrote: »

That is what I tried to explain to them, but they were more interested in "Contractural Obligations" and in tho who owed the duty, the management agency or the lessee, I thought the management agency owed a wider duty to the public at large, but they reckoned it was proportionate to keep the bays free for BB holders. quoted below

" [FONT=Arial, sans-serif]Where the court was satisfied that this was the case, there would remain a difficulty in establishing the management company had refused to make a reasonable adjustment for you. It may be argued by them that in ensuring that the blue badge space was available for blue badge drivers that they were in fact ensuring that blue badge holders were not at a disadvantage should they need to use the space when it was occupied.[/FONT]
[FONT=Arial, sans-serif]It is not clear that there has been a breach of the EA ( Helpline cannot however advise you definitively as we cannot give legal advice). Practically, we can only suggest that where you feel the treatment afforded to you has been inappropriate, to raise a general complaint with the management company, as well as bringing it to the attention of the organisation which you were visiting."[/FONT]
So fireguards of chocolate imho, as they have completely missed the point, they reckon there is no protection for me under the EA in this circumstance

The acid test is whether the measures Asda are now employing substantially disadvantage you. Having to change the times that you visit stores or re-arrange schedules; taking people with you when you were previously able to shop alone and having to walk substantially greater distances to get into and out of the store in the first place (with restricted walking) certainly sounds like a substantial disadvantage to me.

I think we need to look at other models the supermarkets etc have created themselves and then gauge again whether it is proportionate. For example, some supermarkets established Parent & Toddler Clubs to supposedly manage access to Parent & Toddler spaces. Judging whether a woman is pregnant is probably easy (not to say that the unscrupulous wouldn't simply shove a cushion up their front or are they actually her children?); so why shouldn't establishing a disabled/differently abled (or whatever meaningless euphemism the able-bodied come up with to salve their consciences) etc club be anymore difficult?

I am also puzzled by the seeming need to have to police disabled spaces when there is no policing of disabled toilets. I couldn't possibly try to enumerate the occasions when having got to the disabled loo I've found it being used as a baby-changing room; or (often) for mum to "toilet" a number of smaller children or seemingly perfectly able-bodied individuals wanting "a bit of elbow-room".

At a major sporting event a couple of weeks ago I found the only disabled toilet being used by one of the athletes to change in because "the changing rooms are communal and too far from the car park. I'll only be 10 minutes". Ok, but what do I, or any other disabled person, do in the meantime?

I wonder if that is the next business opportunity for TCP?

robredz

MDBJ wrote: »

The acid test is whether the measures Asda are now employing substantially disadvantage you. Having to change the times that you visit stores or re-arrange schedules; taking people with you when you were previously able to shop alone and having to walk substantially greater distances to get into and out of the store in the first place (with restricted walking) certainly sounds like a substantial disadvantage to me.

I think we need to look at other models the supermarkets etc have created themselves and then gauge again whether it is proportionate. For example, some supermarkets established Parent & Toddler Clubs to supposedly manage access to Parent & Toddler spaces. Judging whether a woman is pregnant is probably easy (not to say that the unscrupulous wouldn't simply shove a cushion up their front or are they actually her children?); so why shouldn't establishing a disabled/differently abled (or whatever meaningless euphemism the able-bodied come up with to salve their consciences) etc club be anymore difficult?

I am also puzzled by the seeming need to have to police disabled spaces when there is no policing of disabled toilets. I couldn't possibly try to enumerate the occasions when having got to the disabled loo I've found it being used as a baby-changing room; or (often) for mum to "toilet" a number of smaller children or seemingly perfectly able-bodied individuals wanting "a bit of elbow-room".

At a major sporting event a couple of weeks ago I found the only disabled toilet being used by one of the athletes to change in because "the changing rooms are communal and too far from the car park. I'll only be 10 minutes". Ok, but what do I, or any other disabled person, do in the meantime?

I wonder if that is the next business opportunity for TCP?

Thanks for that MDBJ, but this isn't a supermarket it is an office block with severely restricted parking, which puts anyone in a bad position, but especially badgeless hidden disabled due to the obnoxious attitude of the reception guy

robredz

Got this from ECHR today, so as i am disabled as per The EA, parking guy is out of order. So others billed by PPC's are also protected.

"
[FONT=&quot]In order for someone to be regarded as disabled under the Equality Act a person does not need to hold a blue badge. The requirement under the Equality Act is that a person would need to meet the Definition of Disability under Section 6 of the Act.[/FONT]

[FONT=&quot]I have attached a link to the appropriate section of our website which will give further guidance on this.[/FONT]

[FONT=&quot]http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/[/FONT]

[FONT=&quot]I hope you find this information useful."[/FONT]

Coupon-mad

robredz wrote: »

Got this from ECHR today, so as i am disabled as per The EA, parking guy is out of order. So others billed by PPC's are also protected.

"
[FONT=&quot]In order for someone to be regarded as disabled under the Equality Act a person does not need to hold a blue badge. The requirement under the Equality Act is that a person would need to meet the Definition of Disability under Section 6 of the Act.[/FONT]

[FONT=&quot]I have attached a link to the appropriate section of our website which will give further guidance on this.[/FONT]

[FONT=&quot]http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/[/FONT]

[FONT=&quot]I hope you find this information useful."[/FONT]

I thank you!

Was that from the same people who fobbed you off the other day?

robredz

Coupon-mad wrote: »

I thank you!

Was that from the same people who fobbed you off the other day?

The very same ones, so ASDA and Parking Eye look out I am on your case. I think parking my motor in a bay on the Champneys is an option....

Coupon-mad

robredz wrote: »

Got this from ECHR today, so as i am disabled as per The EA, parking guy is out of order. So others billed by PPC's are also protected.

"
[FONT=&quot]In order for someone to be regarded as disabled under the Equality Act a person does not need to hold a blue badge. The requirement under the Equality Act is that a person would need to meet the Definition of Disability under Section 6 of the Act.[/FONT]

[FONT=&quot]I have attached a link to the appropriate section of our website which will give further guidance on this.[/FONT]

[FONT=&quot]http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/[/FONT]

[FONT=&quot]I hope you find this information useful."[/FONT]

Is it an email? Any chance of the name of who signed it and their email addy (or if it's a letter on ECHR headed notepaper, a scan with your details removed would be very useful for all disabled posters to use).

Either way, is it something you would be prepared to send to Watchdog?

trisontana

It would useful to forward that ECHR reply to Helen Dolphin at Disabled Motoring UK to see if it will change her attitude regarding blue badges and private car-parks.

robredz

Coupon-mad wrote: »

Is it an email? Any chance of the name of who signed it and their email addy (or if it's a letter on ECHR headed notepaper, a scan with your details removed would be very useful for all disabled posters to use).

Either way, is it something you would be prepared to send to Watchdog?

It's an email with the email address of the Wales ECHR helpline with a reference number of the case, I will forward it to Helen Dolphin, but I fear she would not respond, no money in it for her outfit is there?.

robredz

trisontana wrote: »

It would useful to forward that ECHR reply to Helen Dolphin at Disabled Motoring UK to see if it will change her attitude regarding blue badges and private car-parks.

Will do, don't know if she will reply