Does Blue Badge Scheme Apply on Private Land?

bluesteve71

I am currently on crutches following a broken leg. My wife took me out to the cinema, & parked in a disabled bay, which is on private land. We checked the parking sign, & there was no stipulaton that a blue badge must be displayed. The only stipulation was that vehicles could be immobilised if "improperly parked in a designated disabled parking bay".

We asked members of staff at the cinema complex if it was ok to park there, & no one seemed to know. When we returned to the vehicle, it had been clamped. We called the clampers & were told that we should have displayed a blue badge, & that it is why we were clamped. They were very rude to my wife, & demanded the £125 (in cash - the debit card machine was allegedly out of action), or the vehicle would remain clamped.

We ended up paying the fine, if only to get home that night. We appealed, but received a standard letter from the clampers, saying that a blue badge must be displayed.

I called CAB, & they admitted that it was a grey area, & it was up to me whether I pursue it.

Any thoughts? If the painting of a yellow disabled sign on the ground automatically means that a blue badge must be displayed to park there, then fair enough. We were in the wrong. However, I cannot find anything to suggest that this is the case. I hope someone can help, & tell me if I am wasting time & money challenging this. Thanks in advance.

pogofish

This is not a grey area, so CAB advised you incompetently.

The Blue Badge Scheme simply does not apply on private land and this is clearly stated in the supporting docs that can be read on every issuing authority website in the land!

The EHRC have also ruled that requiring a BB on private property is discriminatory - that ruling is in this very forum and I hold similar from EHRC Scotland.

What applies here is the Equality Act and it requires that "reasonable adjustment" (ie suitable parking spaces) be made for all people who are considered disabled under the Act.

However, a broken leg is not in itself a disabillity under the Act and would not normally be subject to the requirement for a reasonable adjustment unless other factors applied - This has also been the subject of EHRC guidance.

As for getting your money back from the clampers - fat chance! To gain any redress, you will need to open a claim naming both the clampers and the cinema they were acting for. There are other people here who can advise you better on that.

Poppie68

I was discussing this with a welfare disability advisor just last week, he told me private car park owners are required by BS8300 to monitor all disabled bays and enforce a penalty when required. Maybe it is worth a look to see if this is any help. I haven't looked at it myself so dont know if it will be useful to you.
By the way this wasn't a random conversation, we were discussing parking for me at work...

daveyjp

The BS8300 line in that statement certainly is BS!

pogofish

Poppie68 wrote: »

I was discussing this with a welfare disability advisor just last week, he told me private car park owners are required by BS8300 to monitor all disabled bays and enforce a penalty when required. Maybe it is worth a look to see if this is any help. I haven't looked at it myself so dont know if it will be useful to you.
By the way this wasn't a random conversation, we were discussing parking for me at work...

Utter rubbish - They were having you-on! :mad:

Poppie68

pogofish wrote: »

Utter rubbish - They were having you-on! :mad:

So i take it i shouldnt waste my time reading it!:beer:

ManxRed

It might be the welfare officer who was talking crap, not the BS8300 document.

pogofish

Yes - they would have a duty to see they were prepared to deal with reasonable adjustments, which could include keeping suitable spaces free. Just they couldn't link them to posession of a BB nor impose any kind of penalty.

bluesteve71

Thanks for the responses so far. Having read BS8300 myself just now, are we saying that this is irrelevant to my circumstances..?

Poppie68

bluesteve71 wrote: »

Thanks for the responses so far. Having read BS8300 myself just now, are we saying that this is irrelevant to my circumstances..?

I am so sorry i seem to of hijacked your thread, i can imagine you trying to get around on crutches with a broken leg can be just as much hardwork as myself trying to get round.
Im sure someone will be around here soon with the correct info.
Good luck and i hope your leg heals well.

taffy056

This thread needs to be split as there are two different issues here, and it's getting confusing, so can can crabman or another guide do the honours please.