Blue Badge Requirement in ASDA Car Park

MightyPeanut

Hi All,

Im looking for some advice for my sister regarding a parking notice she recently recieved in the ASDA car park in BOLDON. My sister is registered disabled and was driving her own car at the time of the 'ticket'. The ticket was issued by Smart Parking Limited. As she had a car full of kids she forgot to show her blue badge and subsequently came back to find a little printed notice on her screen. I have read through the 'NEWBIES' section and will be following the advice in there about waiting for notifications to driver(28days)/NTK(56 days) before going through the appeal process. The questions i have are this:

1. The Blue Badge Scheme is valid only for council/public owned property so is it a legal for any parking company to request that this to be displayed in the first place?

2. Will belatedly providing proof of a valid Blue Badge be recognised by the appeal process?

3. What basis does the parking company have for charging for non showing of Blue Badges when non-disabled customers can park in the facility for free without repercussion.

4. Although the car park had displayed a '2.5 hours parking only' signeage is there any legal basis for this?

Any help and advice that can be offered will be gratefully recieved.

MightyPeanut

bod1467

Blue Badge has absolutely no relevance or legal basis on private land. Service providers (which includes private parking) have a duty under the Equality Act 2010 to make "reasonable adjustments" for persons with disabilities and defined characteristics.

Follow the NEWBIES thread advice. Coupon-mad may also see this and chime in with additional advice. (She's our EA champion).

(Not so) Smart Parking usually back down when they see a well-structured (forum-backed) appeal. Their NTKs are usually also not compliant with the requirements of POFA 2012.

Coupon-mad

1. The Blue Badge Scheme is valid only for council/public owned property so is it a legal for any parking company to request that this to be displayed in the first place? They can 'use' the scheme as an indicator of a mobility problem if they want, yes, and can make it a condition on a sign just as they could say that certain bays could only be used by cars putting a copy of the Times newspaper on the dash! It's their contract - but what's wrong is the fact that PPCs insist on the scheme being the 'only' indicator of disability need (which it is not; any disabled person can use that bay).

2. Will belatedly providing proof of a valid Blue Badge be recognised by the appeal process? Nope. But Smart will cancel when they see the template appeal!

3. What basis does the parking company have for charging for non showing of Blue Badges when non-disabled customers can park in the facility for free without repercussion. None. PPCs do it because they can and because it makes it look like they are 'official' and 'policing disabled bays'.

4. Although the car park had displayed a '2.5 hours parking only' signeage is there any legal basis for this? Nope unless it's part of the planning consent when the car park was built, there is no legal basis, again, a landowner/occupier can impose whatever restrictions they want. Doesn't mean that people wouldn't win at POPLA though if they use our wording. But you won't even need POPLA.


No need to worry because Smart ALWAYS cancel when they see the template first appeal which you could send online to Smart now if you want to save time! No reason why not as we know they will fold!

bazster

MightyPeanut wrote: »

1. The Blue Badge Scheme is valid only for council/public owned property so is it a legal for any parking company to request that this to be displayed in the first place?

Anyone with "protected characteristics" within the meaning of the Equality Act 2010 is entitled to use the facilities ("reasonable adjustments") provided for such people. You don't need to have a Blue Badge to be protected by EA2010, so Asda and Smart Parking are indeed discriminating against your sister and breaking the law by insisting on one.

MightyPeanut wrote: »

2. Will belatedly providing proof of a valid Blue Badge be recognised by the appeal process?

Unlikely to cut any ice with Not-very-Smart Parking, they just want your money. It's worth going into the store and waving it loudly and persistently under the manager's nose on the shop floor though.

MightyPeanut wrote: »

3. What basis does the parking company have for charging for non showing of Blue Badges when non-disabled customers can park in the facility for free without repercussion.

Simples. They want your money.

MightyPeanut wrote: »

4. Although the car park had displayed a '2.5 hours parking only' signeage is there any legal basis for this?

Yes of course, it's Asda's land, they can impose whatever restrictions they want. However (i) the legal basis for charging extortionate sums to anyone who breaks their arbitrary rules is very thin and (ii) "reasonable adjustments" for persons protected by EA2010 would certainly include allowing them longer to shop.

Not-very-Smart Parking is one of the softest PPC's, read the Newbies thread and you can see them off easily.

If you really fancy it you can sue Asda in the Small Claims Court for discrimination under the EA 2010. Minimum compensation for injury to feelings = £500.

atilla

2.5 hours??

I reckon t would take most people close to that to get round that store.
Its mahoosive.

ezerscrooge

And do get a strongly worded complaint in to ASDA head office. Other complainants have been given an Asda gift voucher and have the ticket cancelled.