Disabled parking - Blue Badge

Unicorn51

A friend of mine recently received a PCN for not displaying a Blue Badge while parked in a disabled bay.

They are a BB holder and the badge had fallen off the dash.

They contacted the store in question and got the PCN cancelled.

Looking at the blogs there seems to be many PCN’s issued for similar reasons in disabled slots.

As the BB doesn’t have any standing on private land, I don’t see how the parking companies can insist on having a BB as a requirement to use a disabled bay.

The fact that they offer disabled bays then surely anybody who is disabled should be able to use these bays (Equality Act 2010). The fact that they insist on having a BB displayed to use a disabled bay is in fact discrimination under the EA2010.

Also in some cases would they be in breach of planning permission. When council’s permit these developments they would insist on a certain amount of disabled parking bays. I doubt if the planning permission insisted on BB holders only able to use these.

Guys_Dad

Unicorn51 wrote: »

A friend of mine recently received a PCN for not displaying a Blue Badge while parked in a disabled bay.

They are a BB holder and the badge had fallen off the dash.

They contacted the store in question and got the PCN cancelled.

Looking at the blogs there seems to be many PCN’s issued for similar reasons in disabled slots.

As the BB doesn’t have any standing on private land, I don’t see how the parking companies can insist on having a BB as a requirement to use a disabled bay.

The fact that they offer disabled bays then surely anybody who is disabled should be able to use these bays (Equality Act 2010). The fact that they insist on having a BB displayed to use a disabled bay is in fact discrimination under the EA2010.

Also in some cases would they be in breach of planning permission. When council’s permit these developments they would insist on a certain amount of disabled parking bays. I doubt if the planning permission insisted on BB holders only able to use these.

Landowners or their agents (PPCs) can reserve certain bays for disabled drivers, parents and toddlers, blue cars, Jaguars or any other restriction they like and include these in their t&c. If you transgress, they can pursue you under their "contract" with you through the courts.

They can, therefore, demand that disabled bays may only be used by valid BB holders displaying the BB.

Separate legislation covering Equality and provision for disabled drivers exists as well, but it is separate. So, theoretically, you could have a case in the morning where a PPC wins on the failure to display a BB and another in the afternoon where the landowner is charged under Equality legislation and the motorist wins.

Furthermore, PPCs and landowners are putting themselves at risk of Racial Discrimination as disabled visitors from an EEC country have no access to the BB scheme and are, therefore, denied access to the wider disabled spaces provided specifically for people who require the extra room.

But it is separate legislation.

Unicorn51

On the planning permission issue.

If the planning permission states that they must supply a certain amount of disabled spaces, do the council place any restrictions on there use, or can the land owner/agent simply make up there own t&c's.