What is the legal position regarding disabled parking bays ?

Acc72

Hi All,

At my local DW Gym, the disabled parking bays are often occupied by vehicles without a disabled badge.

If I raise this with a member of staff, it is usually met with a disinterested grunt (followed by no action) or even a "well people can park wherever they want to innit" response.

I want to write to the company to ask them to confirm their policy, but before I do I want to clarify the actual legal position.

Any pointers would be appreciated.

picklekin

If its private property then its up to the discretion of the land owner (ie the Gym). A lot of the time its usually just a guideline for nice people to obey and not something enforceable.

In such areas we also used to use these bays last year after I had major spinal surgery and could not walk. Couldn't get a badge for a temporary injury but we felt justified using them, these people might be the same (although why they are going to the gym....)

Claree__x

I think that in order to be able to issue fines etc they have to be registered with a local authority and most places don't and just count on people's good nature not to park in them.

I'm pretty sure I read that somewhere but there is a chance that I made it up

ilikewatch

I don't know what the legal position is, but at my place of work we certainly don't police who uses the bays - we leave up to people to do the right thing (or not).

In particular we have one customer who has had one leg fully amputated but does not have a blue badge - I would feel awkward if I had to ask him to start parking in a standard space just because he didn't have a badge.

Acc72

Thanks for the reply's so far.

So, it looks as though it is down to company policy ?

My opening gambit was to ask their company policy and also how it is enforced, but I wanted to understand any possible legal requirements.

alleycat`

If it's private land it has no standing in law at all.
They are the equivalent of the "parent and child"parking spaces.
Suggested, nothing more.

ellay864

I have a neighbour who regularly uses the blue badge that was issued due to his wife's disability, even when she's not in the car. Last year I had hip surgery, no badge but was on crutches for 2 weeks. One day we took great delight in beating him to the last disabled space; he came up and started giving DH an earful about the fact he didn't have a badge to which we pointed out he didn't have a disabled passenger with him. The sad thing was that he really seemed to believe he had more right to be there; there are a lot of people who abuse the system

zzzLazyDaisy

The blue badge scheme does not apply on private land, however the Equality Act does. In other words the company has a duty to make allowances for people with disabilities - which may well cover people with disabling health conditions who do not have a blue badge, since the ambit is broader. The organisation does not have the power to issue 'fines' but does have the ability to leave a polite notice on the vehicle.

Re why would disabled person be using a gym - I am disabled and was a member of our local gym for years because the swimming pool temperature was a few degrees warmer than the local authority leisure centre and because my mobility is very restricted I lose body temperature very quickly in cold water. Also, depending on their particular condition, people with limited mobility are often recommended to use the reclining rower, and may also use the machines to tone and strengthen upper body. There is no 'one size fits all' disability, and while a disabled person may not get the same full use of a gym that an able bodied person does, they may still get some benefit.

Mojisola

zzzLazyDaisy wrote: »

Re why would disabled person be using a gym - I am disabled and was a member of our local gym for years because the swimming pool temperature was a few degrees warmer than the local authority leisure centre and because my mobility is very restricted I lose body temperature very quickly in cold water. Also, depending on their particular condition, people with limited mobility are often recommended to use the reclining rower, and may also use the machines to tone and strengthen upper body. There is no 'one size fits all' disability, and while a disabled person may not get the same full use of a gym that an able bodied person does, they may still get some benefit.

Quite right. There are very good reasons why a disabled person would be using a gym. People who are ill or disabled are often much more aware than fit people of how important it is to keep in as good a condition as possible.

Several of the gyms round here specialise in elderly and disabled customers. It does look a bit strange when you see a row of disability scooters parked outside.

retireby50

Claree__x wrote: »

I think that in order to be able to issue fines etc they have to be registered with a local authority and most places don't and just count on people's good nature not to park in them.

I'm pretty sure I read that somewhere but there is a chance that I made it up

Absolutely right...you have made it up....otherwise I'd be registering with the council to issue my own fines (invoices).

Experts on this issue will be found on the Parking Tickets, Fines and Parking sub-board under Motoring.....zzzLazyDaisy provides good advice above.

geoffky

They might as well of drawn pink elephants on the tarmac...The disabled bays have no legal standing.