Yellow disabled parking bays enforcement

PippaGirl_2

I belong to a health club that has a row of 8 yellow disabled parking bays near the entrance with lowered kerbs for wheelchairs and ramps up to the entrance. Out of these every single day a minimum of 6 and often 7 or 8 are taken up by non blue badge holders leaving none for disabled users. That's every single day.

I have spoken to the management and their response was they have in the past put notices on the cars under wipers but these are always ignored and once the lady challenged one driver who became very aggressive and scared her saying he always parked there because his car might get scratched in narrower spaces. There are always vacant other spaces in the car park, usually right beside the disabled bays.

I realise that yellow painted disabled bays are 'advisory', but what can I expect the health club to be doing to enforce them so that disabled bays are available for disabled users or is it really a case that they can do nothing meaning disabled users are unable to access the health club?

surfboy1

PippaGirl wrote: »

I belong to a health club that has a row of 8 yellow disabled parking bays near the entrance with lowered kerbs for wheelchairs and ramps up to the entrance. Out of these every single day a minimum of 6 and often 7 or 8 are taken up by non blue badge holders leaving none for disabled users. That's every single day.

I have spoken to the management and their response was they have in the past put notices on the cars under wipers but these are always ignored and once the lady challenged one driver who became very aggressive and scared her saying he always parked there because his car might get scratched in narrower spaces. There are always vacant other spaces in the car park, usually right beside the disabled bays.

I realise that yellow painted disabled bays are 'advisory', but what can I expect the health club to be doing to enforce them so that disabled bays are available for disabled users or is it really a case that they can do nothing meaning disabled users are unable to access the health club?

Can you be sure that all the cars parked there without "blue badges" are not used by disabled users?
Not all disabled users requiring these bays have blue badges!

nigelbb

If you are sure that the car occupying the disabled space is not entitled to park there but you are then parking your car directly behind theirs while you do your workout in the gym should make the point.

interstellaflyer

surfboy1 wrote: »

Can you be sure that all the cars parked there without "blue badges" are not used by disabled users?
Not all disabled users requiring these bays have blue badges!

And of course, as it's a private car park, the Blue Badge scheme doesn't apply and the land owners can't legally make you display said badge, also as you've stated not all disabled people hold a blue badge, the badge is not given out automatically, you have to apply for it.

pogofish

PippaGirl wrote: »

or is it really a case that they can do nothing meaning disabled users are unable to access the health club?

It is most certainly not the case!

The private disabled bays may mean nothing legally but the Club does have a very real legal duty to provide accessable spaces and other suitable "reasonable adjustments" for disabled people under the Equality Act.

And this applies to all people with an applicable disability, not just the ones in posession of a Blue Badge.

So if disabled people are having their access impeded, you should complain very strongly to the club, citing the Equality Act and if they still don't act adequately, this would be a matter to pursue via the EHRC. Penalties for failing to apply the Equality Act are prety severe!

nigelbb

It's open to the gym to sanction those who park inconsiderately e.g. suspend membership or even cancel it for persistent contraventions.

paddedjohn

If you need the extra room to get out of your car, park sideways across 2 spaces.

PippaGirl_2

surfboy1, no I cannot be sure every single vehicle parked in the bays is not disabled but I have asked one person who freely admitted they weren't and they continue to park there daily and one other vehicle belongs to a family of able bodied people I know. The person the staff member also challenged admitted they were able bodied too but wanted to protect their car in the wide spaces. The chances of all 8 spaces being taken by disabled people who are not blue badge holders is extremely low.

pogofish, the health club have fulfilled their legal duty by providing 8 marked disabled bays and several signs requesting they are used by blue badge holders only. They are being impeded from access by able bodied drivers and not the club.

nigelbb, unfortunately I doubt that would happen as memberships mean money.

pogofish

PippaGirl wrote: »

pogofish, the health club have fulfilled their legal duty by providing 8 marked disabled bays and several signs requesting they are used by blue badge holders only. They are being impeded from access by able bodied drivers and not the club.

That is not fulfilling their legal duty by a very long shot!

And signs restricting use to BB holders do not apply on private property, nor are they fulfilling any duty to Act - The very opposite in fact and this can be seen as discrimination all by itself.

And lastly, they are also failing by not dealing with people who abuse their accessable spaces - as suggested earlier, there are plenty of legit ways they can use to discourage them without resorting to fake fines.

Guys_Dad

Easiest way out - apart from going to another Health Club - is a letter to management telling them that, unless their staff enforce the disabled bay parking requirements that the law requires them so to do (provision of spaces alone and then ignoring legitimate complaints by disabled drivers and taking no action is NOT fulfilling the law's requirements) then you will be contacting the local paper.

They won't want adverse publicity.

The next stage would be taking action to enforce the law - not sure exactly the best way, given that you wish to remain a club member, but I am sure c-m will be able to advise.

Coupon-mad

pogofish wrote: »

That is not fulfilling their legal duty by a very long shot!

And signs restricting use to BB holders do not apply on private property, nor are they fulfilling any duty to Act - The very opposite in fact and this can be seen as discrimination all by itself.

And lastly, they are also failing by not dealing with people who abuse their accessable spaces - as suggested earlier, there are plenty of legit ways they can use to discourage them without resorting to fake fines.

100% agree, they are not fulfilling their legal duty if they knowingly allow the reasonable adjustment of the bays to be taken up by others. Also you have raised it as an issue and they still have shrugged their shoulders which is unacceptable.

I would put it in writing to the manager that their legal duty under the Equality Act 2010 does not end with simply 'having some disabled bays'. The Club do need to take this issue seriously and think what reasonable steps they can now take to address this, not just for you but for other disabled visitors. May need more signs, may need a specific warning to the 'absuers', may need a chain across the disabled bays with a key held in Reception so they can only be used when a person who needs them arrives, that sort of physical barrier isn't difficult for the club to arrange.

If they say 'what do you expect us to do, we can't have someone out there all day?!' then say of course not but I am simply requesting that you consider your legal duty under the Act and identify some reasonable action to stop/minimise abuse of the bays.