Query about disabled bay parking fine Asda

adouglasmhor

David_e wrote: »

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

Not an expert, just able to read.

Stroma

David_e wrote: »

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.

Yes they can adopt numerous criteria, but they cannot do is discriminate, or have something that can put someone at a disadvantage. That is why the blue badge scheme is not for purpose. And it's certainly not relevant on private land.

If a landowner has provision for the disabled only, that in itself is discrimination, they must make provision for everyone under the Equality Act, so it goes far beyond the DDA and it in fact replaced that act some years ago.

terra_ferma

David_e wrote: »

I'm delighted that there are people who care enough to raise the matter.



I didn't realise GPs were still involved. Maybe a Scotland thing; they aren't in England.

http://www.telegraph.co.uk/motoring/news/8323091/GPs-no-longer-allowed-to-issue-Blue-Badges.html

They are given out like Smarties round here. At least 50% of badge users you see (and excluding those blatantly using someone else's) have absolutely no visible sign of a mobility problem. If the test is "[FONT=&quot]a permanent and substantial disability which means that I am [unable or] virtually unable to walk[/FONT]" then I don't see how it could not be apparent.

I'm sorry I have to say that you clearly don't understand much about disability, because of people like you I always feel very uncomfortable when I visit a friend of mine. She parks her car, walks out apparently without a care in the world and off we go. She doesn't limp, can get out of her car and walks fine, apparently, but the fact is that she can't walk very far because of a chronic and life-limiting illness that effects her muscles, going from the car to the shop/restaurant is as much as she can manage. I expect that she has been given quite a bit of hassle from ignorant people making comments because she looks healthy but she is actually very ill and in pain most of the time. You cannot see pain and fatigue.
Another case I've experienced is with people with severe learning disabilities who look 'normal' but cannot function normally and you can't walk around with them (very rare, but it happens, normally with severe challenging behaviours).

These are the criteria used in my friend's case, it's not just about how well you can walk, there are other criteria.
https://www.essex.gov.uk/Health-Social-Care/Care-for-Adults/Blue-Badges/Pages/Do-you-qualify-for-a-.aspx

GCM68

If a landowner states that parking spaces are for blue badge holders than that whom can park there, if you have no badge then you have no right to park there, if I go out without my blue badge then I wouldn't park in a blue badge bay. This is not discriminating against disabled people who do not have blue badges as they can park anywhere in the car park just as everyone else can - where is the discrimination?

If you use the argument that anyone can park in blue badge/disabled bays without using the blue badge and they should not receive a ticket for doing so then then you must apply the same theory to 'free parking for blue badge holders', anyone can park for free and not get a ticket as the land owner/car park attendant has no way of knowing if the person within the vehicle is disabled or not.

adouglasmhor

GCM68 wrote: »

If a landowner states that parking spaces are for blue badge holders than that whom can park there, if you have no badge then you have no right to park there, if I go out without my blue badge then I wouldn't park in a blue badge bay. This is not discriminating against disabled people who do not have blue badges as they can park anywhere in the car park just as everyone else can - where is the discrimination?

If you use the argument that anyone can park in blue badge/disabled bays without using the blue badge and they should not receive a ticket for doing so then then you must apply the same theory to 'free parking for blue badge holders', anyone can park for free and not get a ticket as the land owner/car park attendant has no way of knowing if the person within the vehicle is disabled or not.

Rubbish. Landowners have to comply with the law.

GCM68

adouglasmhor wrote: »

Rubbish. Landowners have to comply with the law.

blue badge bays are not meant for every one who has a disability, they are mean for those with mobility (generally blue badge holders) issues so they are closer to the facilites, making it easier for them to carry out their day to day routines. Some one who is deaf for example, may not need to park nearer the store as their deafness may not effect their mobility and therefor would not use the bays.

How are the land owners discriminating against the disabled? they are not saying you can not use our parking facilities if you are disabled, they are just giving those with specific needs parking closer to the facilities.

Geordie-hebs

I have mobility issues but not every day, my disability (registered as a disability) has good and bad days so on bad days I can be in substantial pain, I have had this disability since 2011 and it is a lifelong disability which will get progressively worse as I get older (I'm only 34) which is why I said I don't have a blue badge yet but will qualify in the future...
So the advice is to speak with each car park owner asking for permission nicely to use the disabled bays without having a blue badge quoting the equality act?

adouglasmhor

GCM68 wrote: »

blue badge bays are not meant for every one who has a disability, they are mean for those with mobility (generally blue badge holders) issues so they are closer to the facilites, making it easier for them to carry out their day to day routines. Some one who is deaf for example, may not need to park nearer the store as their deafness may not effect their mobility and therefor would not use the bays.

How are the land owners discriminating against the disabled? they are not saying you can not use our parking facilities if you are disabled, they are just giving those with specific needs parking closer to the facilities.

Nonsense, the law is quite clear, have a read at it. An example, someone with classic autism might not have mobility issues but need to be in a space near the entrance as they have problems crossing a car park appropriately. Someone deaf might not be able to hear an approaching car.

Anyway unless they are in Scotland and using a disabled space adopted by a local authority there is no law allowing the car park operators to apply penalties and there are laws against them trying to overcharge for any losses they may incur.

bazster

GCM68 wrote: »

blue badge bays are not meant for every one who has a disability, they are mean for those with mobility (generally blue badge holders) issues so they are closer to the facilites, making it easier for them to carry out their day to day routines. Some one who is deaf for example, may not need to park nearer the store as their deafness may not effect their mobility and therefor would not use the bays.

How are the land owners discriminating against the disabled? they are not saying you can not use our parking facilities if you are disabled, they are just giving those with specific needs parking closer to the facilities.

And yet there are people with mobility issues who do not have a blue badge. The law obliges businesses to make "reasonable adjustments" for such customers, whether they have a blue badge is irrelevant. Telling people who have "protected characteristics" that they are not being discriminated against because they can use the same parking spaces as everyone else would be blatantly illegal. Such people would be discriminated against because "reasonable adjustments" have not been made.

I can't see how it's so hard to grasp that the blue badge is irrelevant to all this. The law is what it is, and just because it would be harder to administer disabled spaces without using blue badges as the criterion is not an excuse for breaking the law.

Of course, some companies not only fail to abide by the law in this regard, they actively target the disabled for their sordid revenue-raising operations (don't they, Haswell?)

Truly_Wracked_Off

The driver in question has been overwhelmed by the interest and response that their predicament generated but has not yet had time to digest all the information and conflicting views. However, thanks to everyone who gave up their time and got involved. It's certainly opened our eyes.

The driver has still not returned to Asda after the manager refused to make contact. As mentioned in the initial rant, a junior was delegated to wash their hands of the affair, Asda having proclaimed the car park belonged to the Council, which the Council denied.

A check with Land Registry shows that Asda holds the deeds for all of the land, including the car park, having paid an eye watering £19m for it in 2004. I'm not divulging secrets here as this is in the public domain, for a small fee.

Having just printed off a copy of said deeds, as the vehicle's 'Keeper' I'm now drawing up a list for the Asda manager to consider. He is first in my sights, and if he fails to deliver, then I'll direct my attention to Andy Clarke, Asda's CEO.

Will update as and when. Sincerley, T.W.O