Disabled parking bay in private car park

Soozwah_2

I was with my disabled mother and parked in a privately owned car park that is FREE to park in. We parked in a disabled bay as it was close to the shop and displayed my mothers badge. She is 86 and she had picked out the expired one she still had in her handbag. i didnt check it. We received a "ticket" with a £100 fine. I could pay £60 now but I really don't feel inclined to given what I have been reading. This just seems like an outrageous scam. What exactly are the 'parking attendants' patrolling for since it doesn't cost to park there? If it is to prevent non disabled people parking in disabled bays it may be admirable but I'm pretty sure that I read somewhere that it isn't legally enforceable in a privately owned car park.

Coupon-mad

Soozwah wrote: »

This just seems like an outrageous scam.

You got it!

Follow the advice in this thread:

https://forums.moneysavingexpert.com/discussion/4244645

This is disability discrimination and harassment so you need to complain about it to the landowner or occupying retailer; also copy in the PPC like that poster did and word it as if you are going to take Court action.

Here's another example, where trubster on pepipoo is taking a similar complaint stance and has demanded a monetary settlement:

http://forums.pepipoo.com/index.php?showtopic=75213

As you will see when you've read both of those threads, this is indeed an outrageous scam and a breach of the Equality Act 2010 as well. It is none of the PPCs business whether a disabled person has a Blue Badge or not - the scheme does not even apply on private land (check the handbook and the yougov website!) despite what the PPC scammers say on their signs. That's just to make it easy to 'police' the bays and make money from anyone making a mistake with a badge that isn't even applicable.

The law allows disabled people to use a 'reasonable adjustment' (special parking bay in this case) that they need by virtue of a 'protected characteristic' (long-term disability). Having an expired badge or no badge doesn't take away the disability!

The law does not require them to jump though the extra hoop of showing a badge in order to use that parking bay, any more than they would be asked twenty questions or made to try to walk before being allowed to use a Supermarket's wheelchairs. Nor could a retailer or service demand that a partially-sighted person takes an eye test or shows a doctor's note before allowing them to have a large-print copy of any publication...the list goes on...! These adjustments are a legal RIGHT - if it's possible to provide them then it's mandatory to allow those who need them, to use such provisions unharassed!

Yes it makes it difficult to 'police' the bays but no more so than the law makes it difficult for employers to identify their employees who have certain special needs as well. TOUGH on the PPCs but there is simply no single identifier of this need, except on-street where the Councils have the Blue Badge scheme (and some other similar schemes locally).

Private services and retailers and their agents and employees have to abide by the Equality Act 2010 and can be sued if they don't.

Soozwah_2

Thank you so much for that advice. My mother was worried sick. I'm tempted to challenge it but in reality I will probably try and steel myself to ignore it as I could so do without the extra hassle at the moment. It's good to know that there are so many knowledgeable people around who put themselves out to offer advice. Thanks again.

Guys_Dad

This isn't going to win me any friends.

PPCs or landowners are NOT breaking any disability discrimination laws by ticketing a disabled person's car until they are made aware of the fact that the vehicle is, in fact, being used by a disabled person.

It is at that point, be it when their "warden" spots the disabled person or if they are subsequently informed, that failure to act hits the discrimination laws.

Now if blue badges are not relevant in private car parks, as said on here many times, although I believe that anyone displaying a current one should be left alone, then it follows that,not having the gift of second sight, no PPC can be accused of breaking Disability Discrimination laws until they are aware of the fact that the vehicle in question was carrying a disabled driver.

It is only at that point they can be accused of it if they refuse to take the appropriate action.

Guys_Dad

Soozwah wrote: »

Thank you so much for that advice. My mother was worried sick. I'm tempted to challenge it but in reality I will probably try and steel myself to ignore it as I could so do without the extra hassle at the moment. It's good to know that there are so many knowledgeable people around who put themselves out to offer advice. Thanks again.

Despite my previous post, you are right to ignore. You have double the reasons from an able bodied vehicle, if you see what I mean.

Stroma

They are actually breaking the bpa CoP by ticketing a car with a blue badge on display, go and read it if you want. And they will be breaching the Equality Act if they don't make reasonable adjustments once informed.

Reasonable adjustments would include extra time to do what an able bodied person can do, or parking out of a bay because they need room, or the biggest cash cow for the scammers, not displaying a badge, even when one is not needed.

Half_way

Ive seen a disabled parking
area, outside a Wickes signed something like this

Disabled parking only - please leave this space for people with disabilities who need it.

and in the store entrance:
Disabled parking - people who abuse the disabled parking bays may be asked to leave the site and denied future service at the managers discretion.


needless to say the site is free of parking parasites.

Guys_Dad

Stroma wrote: »

They are actually breaking the bpa CoP by ticketing a car with a blue badge on display, go and read it if you want. Agreed. But I was talking about Equality Act. And they will be breaching the Equality Act if they don't make reasonable adjustments once informed. That was my point precisely

Reasonable adjustments would include extra time to do what an able bodied person can do, or parking out of a bay because they need room, or the biggest cash cow for the scammers, not displaying a badge, even when one is not needed. Again, agree completely. But my sole point was that until they are aware of the fact that it is a Disability situation, they are not breaking Equality laws by ticketing a disabled driver.

Not in disagreement with you, subject to above in red.

Stroma

But if they are ticketing a car with a badge on show that would be a breach of the Equality Act, I would go as far as a car with a disabled tax disc on the vehicle as well.

Guys_Dad

Stroma wrote: »

But if they are ticketing a car with a badge on show that would be a breach of the Equality Act, I would go as far as a car with a disabled tax disc on the vehicle as well.

Yep, a valid Blue Badge although "not valid" in a private car park is as good an indicator as you can get. (An out of date one could have been retrieved from a dust bin and it could be argued is not a good indicator).

As I said, the minute the PPC has indication car is transporting a disabled person, then they MUST back off or risk breeching the DD Act.

Soozwah_2

So given what guy's dad says should I be writing to tell them that my disabled mother was with me because I wouldn't be able to prove it, although I did speak to a warden (but not the one who ticketed me) to question why I had the ticket and it was he who pointed out the badge was out of date - with a smirk I might add!! AND just to complicate things a little more I have now discovered that the badge that she usually uses is in fact out of date. She only had 2 because she had originally lost one and applied for a duplicate and then found the old one in her handbag.
If there is photographic evidence it will show I was displaying a badge, albeit out of date. What a nightmare and now I have to apply to renew her badge and apparently it takes longer for a renewal. It's easier to do what I normally do when the disabled bays are taken and drop her off at the door then parking in a normal FREE space.