Query about disabled bay parking fine Asda

adouglasmhor

Andyt1981 wrote: »

Ok all- I give in. Let's all park where we feel like, regardless of rules or morals.

What rules? The ones that asda and the parking firm are breaking as was allready explained to you more than once. Or the one here you are breaking?

da_rule

Under the Equality Act firms have to make reasonable adjustments for people with disabilities, this can include allowing wider parking spaces, ramps etc, but could also be argued that people with a disability should be allowed extra time as they may take longer than an abled body person to do their shopping etc.

The Equality Act defines what disability is, and this is different to the definition used when issuing Blue Badges.

Geordie-hebs

So very much a grey area without a blue badge

adouglasmhor

David_e wrote: »

Not sure what the connection is between the DDA and the Equality Act. The DDA used to be about treating disabled people less favourably on account of their disability so that wouldn't, on the face of it, allow anyone (disabled or otherwise) to use a reserved space without a blue badge. That is, the disabled (non-badge) and able-bodied are being treated the same.

Susequently (possibly additionally) the concept of "reasonable adjustment" came in. The disabled parking spaces are presumably such a reasonable adjustment. I suspect that it would also be regarded as "reasonable" for such spaces to be reserved to blue badge holders. If not, the land owner is unable to ensure the spaces are only being used legitimately. It would rely on a staff member challenging anyone parking without a blue badge and then trying to make an assessment as to whether they were indeed disabled or just abusing the space.

So, in answer to your question.

(1) I am not sure you can rely on the DDA but even if you could it would involve a lot of hassle as you would be submitting appeals after the event, etc..

(2) Apply for your badge(s) ASAP, then the problem goes away.

(3) Speak to the manager at whatever stores/facilities you use and explain you are waiting for your blue badge so can they give you temporary permission pending badge(s) being issued. I can't believe a polite reasonable request would be refused. If it is, there are probably plenty other places you can take your business.

Blue badges have no meaning on private parking sites.

da_rule

Geordie-hebs wrote: »

So very much a grey area without a blue badge

Not overly, Section 6 of the Equality Act defines disability as:
(1)A person (P) has a disability if—
(a)P has a physical or mental impairment, and
(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

This is a very broad description and can cover a lot of things that the Blue Badge criteria don't.

The phrase 'long term' has also been defined:
which has lasted at least 12 months; or
where the total period for which it lasts, from the time of the first
onset, is likely to be at least 12 months; or
which is likely to last for the rest of the life of the person affected
(Sch1, Para 2).

This document gives good advice on what is classed as disability under the Act: http://www.equalityhumanrights.com/uploaded_files/EqualityAct/odi_equality_act_guidance_may.pdf

David_e

adouglasmhor wrote: »

Blue badges have no meaning on private parking sites.

Of course they do if a landowner says that they have set aside spaces for blue badge holders.

da_rule

David_e wrote: »

Of course they do if a landowner says that they have set aside spaces for blue badge holders.

That is slightly different, there are 2 options:
1) A clause in the 'contract' setting out that spaces are for blue badge holders - as you say (potentially unlawful if there is no separate provision for disabled persons who do not hold a blue badge)
2) A clause in the 'contract' setting out that the spaces are for disabled persons - if they go for this option then disabled can have a much wider meaning than just whether a blue badge is present or not

adouglasmhor

David_e wrote: »

Of course they do if a landowner says that they have set aside spaces for blue badge holders.

Which in and of itself would be a breach of the equalities act. Rendering it meaningless.

David_e

Geordie-hebs wrote: »

So very much a grey area without a blue badge

Yes and no.

The blue badge is the (possibly less than perfect) way in which the law provides for parking concessions to be given on public roads. In the interests of having a system for "disabled parking" that is capable of being monitored and controlled, private landowners often chose to use a blue badge as the basis for accessing their disabled spaces.

If spaces are provided on that basis, I would guess that the landowner would be regarded as having done what was required under the relevant acts.

They can, however, adopt whatever criteria they wish which is why I suggested that you ask if you can park there even though you haven't yet got your badge(s). If they wanted, they could let someone with a broken leg use the spaces, even though that would not qualify you for a blue badge.

David_e

adouglasmhor wrote: »

Which in and of itself would be a breach of the equalities act. Rendering it meaningless.

Yes, of course it is. I hadn't realised I was in the presence of an expert.