Council Off Street Parking And Disabled Bays / Charging

Fergie76

I'm bored tonight and that makes for mischief...

Anyway, something that has bugged for sometime, over the last year or so, my local council (Plymouth) has converted all their off street multi-story car parks in to barrier controlled and as such everyone now has to pay (same fee).

I am aware that blue badge, does not count in off street parking, but surely the council are breaching the Equality Act by charging everyone the same rate. I am not saying that parking should be free, maybe more time for your money or something?

Also, just looking at one the car parks, there are 1094 publically available spaces and only 32 of these are disabled bays or 2.93%. I have seen 6% banded about as a minimum number that should be available?

http://www.plymouth.gov.uk/homepage/transportandroads/parking/carparks/westernapproachcarpark.htm

Number of public spaces 1094

Disabled bays 32

Tariff - pay and display Charging period Monday to Sunday including bank/public holidays: 8am to 10pm, Full charges apply to all drivers, including blue badge holders and motorcycles.

£1 up to 1 hour
£2 up to 2 hours
£3 up to 3 hours
£4 up to 4 hours
£5 over 4 hours
£25 weekly ticket
£95 monthly season ticket



What are peoples thought on this?

Fergie76

Just to clarify they do have other car parks that are no barrier controlled and are free to blue badge holders.

Guys_Dad

They are permitted to charge disabled drivers. Remember, it's Equality legislation.

I posted a few months ago that the NEC also charged disabled drivers the same rate as able-bodied drivers, but met their obligations by siting the disabled bays nearer the entrance and making the bays wider.

Fergie76

I did state in my post that I am aware that they are able to charge blue badge holders.

However, what if someone spends 10 minutes getting a wheel chair out and then another 10 minutes at the end putting it away, they are hardly getting the same "parking" time as an able bodied person, so where is the equality in that?

Stroma

This would have to challenged in a court I think to change anything, if its private parking its unregulated so nothing in law, on council car parks issue penalty charges for being over, unless its paid on exit. I was in a council multi storey yesterday and it was the same.

System

Don't forget that the adjustments must be reasonable.

Pray tell me how a car park with barrier control and no staff present can have a different rate/time depending on whether somebody falls under the Equality Act or not. It can not, therefore that adjustment fails the 'reasonableness' test

Coupon-mad

It is unlawful and 3 Councils (Lincoln, Norwich and Shropshire) have been challenged into changing the arrangements already to avoid court cases:

http://www.disabilitynow.org.uk/article/norwich-blue-badge-victory

http://shropshire-disability.net/10157/shropshire-councils-offer-concession-threats-legal-challenge/

It may seem like positive discrimination but the truth is, 'equality' does actually mean allowing disabled people to park for longer before charges kick in.

System

How do you implement it at an unmanned barrier controlled car park?

I guess the successes were open car parks that get patrolled occasionally and therefore has a human input into the charging process. In that situation it is easy enough to, for example, allow an extra 20 mins above the paid time.

Fergie76

!!!!!! wrote: »

How do you implement it at an unmanned barrier controlled car park?

Surely that is the Councils problem, not ours? They have created the problem. Many years ago the car park was manned barriers, then they changed it to P&D no barriers, and now they have gone full circle with unmanned barriers.

What about the number of disabled bays in this car park? Is that a problem, or is it overall %age of council spaces to disabled, rather than individual car parks?

Coupon-mad

It's individual car parks and there is no set % that I know of although have read 5% - 7% somewhere on old documents in my previous job.

I also read some drivel online from DMUK's Helen Dolphin (she with the friends in very low places) that suggested a tiered % system depending upon the size of the car park for some reason! But again it was low, something like '3% plus 2' for a car park with only up to 50 spaces, '3% plus 3' for a car park over 50 spaces up to 150...and so on...!

Ridiculous of course, a % is more straightforward for all and IMHO should be more like 10% and all Parent & Child bays should be scrapped.

Buzby

I know of a good number of chargeable council car parks where disabled users must pay, however they get prime positions near the exits so EA is fully met.

As for the time/duration for accessing their wheelchair - this is more than compensated for saving the journey from upper floors to payment machines an the like.

What's next, % discounts the higher up you are? That would be nice.