Bluebadge Vrs Residents Disabled Bay

marcellep

Looking for some advice,

My MIL lives in Lanarkshire (Scotland) She resides within a council property, now they recently sold the land which was previously used as a car park to another company.

The company have put signs up saying

Residents Parking Only

She is a resident within the building
They have several disabled bays - Now my MIL has a blue badge due to medical issues.

She has been told she can't park there as she has not been given a specific badge from the company. I have written to the council and they are basically saying if my MIL parks there Britannia parking will issue her a fine...

Where do we stand? Any advice:mad:

paddedjohn

Tell them to jog on, they cant fine you at all.

taffy056

I presume this is now private parking, so Britannia cannot legally issue fines at all, so don't listen to the council on this. Your MIL is a resident this is resident parking so she is entitled to park there. By the way the blue badge scheme does not apply to private land or private car parks.

marcellep

taffy056 wrote: »

I presume this is now private parking, so Britannia cannot legally issue fines at all, so don't listen to the council on this. Your MIL is a resident this is resident parking so she is entitled to park there. By the way the blue badge scheme does not apply to private land or private car parks.

Thanks so much for a prompt reply, Can I clarify

This area has now been demmed private parking, these spaces (8) all have the disabled sign on them.

So is she ok to park?

System

taffy056 wrote: »

. By the way the blue badge scheme does not apply to private land or private car parks.

It may do, things are slightly different in Scotland

taffy056

!!!!!! wrote: »

It may do, things are slightly different in Scotland

Yes in a handful of places, mostly in supermarket car parks. This I would almost guarantee fall outside of that, as the council has already indicated.

taffy056

marcellep wrote: »

Thanks so much for a prompt reply, Can I clarify

This area has now been demmed private parking, these spaces (8) all have the disabled sign on them.

So is she ok to park?

If she qualifies for a blue badge she is considered disabled under the equalities act, if they refuse her a place to park providing there is space, they could be in breach of the said act. Who is the landlord is it still the council or is it now a housing association ?

marcellep

taffy056 wrote: »

If she qualifies for a blue badge she is considered disabled under the equalities act, if they refuse her a place to park providing there is space, they could be in breach of the said act. Who is the landlord is it still the council or is it now a housing association ?

Hello

The landlord is North Lanarkshire council, They are saying there are no spaces. But there clearly is and I have submitted evidence.

Still confused :eek:

taffy056

The council cannot refuse parking in a disabled space for someone with a disabled badge providing there's space there. You really need to clarify the situation here, brittania are a private parking company, and will only work on private land unless they act for the council. If this is under the council there should be a Traffic Regulation Order for the spaces I believe and this is a public document that you have a legal right to see. So go back to them.

Coupon-mad

Maybe those spaces are allocated specially and individually to certain residents, which can happen in private Housing Association car parks (although it's rare).

I think you are approaching this from the wrong direction when you should be using the Equality Act 2010 to force a decision in favour of your Mum.

Reply again and state that:

1. Your Mum is disabled as defined in the Equality Act 2010 (enclose a photocopy of her Blue Badge).

2. There are spaces in that car park which are always unused (as per your photo evidence).

3. What 'reasonable adjustment' are the Council going to make for your Mum under these circumstances, bearing in mind their legal duty under the Act?

marcellep

taffy056 wrote: »

If she qualifies for a blue badge she is considered disabled under the equalities act, if they refuse her a place to park providing there is space, they could be in breach of the said act. Who is the landlord is it still the council or is it now a housing association ?

Coupon-mad wrote: »

Maybe those spaces are allocated specially and individually to certain residents, which can happen in private Housing Association car parks (although it's rare).

I think you are approaching this from the wrong direction when you should be using the Equality Act 2010 to force a decision in favour of your Mum.

Reply again and state that:

1. Your Mum is disabled as defined in the Equality Act 2010 (enclose a photocopy of her Blue Badge).

2. There are spaces in that car park which are always unused (as per your photo evidence).

3. What 'reasonable adjustment' are the Council going to make for your Mum under these circumstances, bearing in mind their legal duty under the Act?

Your spot on with this, I will do what you suggest just now and see how I get on.