Forgot to display blue badge.

antandann

So a disabled person has two choices as I see it, take a hit for their driver or admit who the driver was and lose a driver. The blue badge booklet states on page 17: Place...Off-street car parks (such as supermarket hospital or local authority car parks) Conditions...Off street car park operators should provide car parking spaces for disabled people. However it is up to the car park owner to decide whether blue badge holders can park free of charge...Do not assume you can always park for free.

Page 18: Place...town centres where local schemes are in operation...Conditions...Please check local signs for information.

Coupon-mad

I want this case to go to the higher courts where win or lose a precedent will be set so once and for all disabled people will know where they stand in regards to the equality act, disabled parking and private carparks.

Well it wouldn't create a binding precedent but would be useful if it went the right way, and the matter deserves scrutiny.

Yeah we should definitely qualify for the appeal fee on grounds of income as we qualified for the counter claim fee for a £1000.

That's good.

Well I am not legally qualified but I do have a background of jobs in disability advice and I'd be happy to look at your documents if you are happy for me to give this some thought.

It would probably mean you appealing about the claim and the counterclaim decisions, but as this costs you nothing I feel you should give it a go, as it seems there is an argument that the Judge was not entitled in law, to come to some of the conclusions he did, which I think were tainted by his old job in on-street Adjudications where the law is completely different.

I'll send you a pm for you to contact me, albeit I am out quite a bit this weekend.

antandann

Thanks a lot Coupon-mad. Really appreciate this.

Lamilad

Which court was your case heard in?

antandann

Just found this from the House of Commons briefing paper from the 16th of August 2018 from the blue badges and parking for disabled people in England brief:

' Privately-owned car parks (e.g. most supermarkets car
parks): effectively, the landowner (usually a parking enforcement company acting on their behalf) has the power to impose reasonable restrictions. So, in theory (and indeed often in practice) a space can be marked for particular groups, e.g. disabled people, and the company enforcing the parking restrictions may issue a
penalty charge to people for parking otherwise than in
accordance with the relevant markings or signs.'

It would appear I was unlucky to get a judge who knows the score, as much as it pains me to admit it. It would seem the private parking scammers have more clout now than the local authorities. What a complete joke.

nigelbb

Egbert_Nobacon wrote: »

So if the Blue Badge Scheme applies on private land why does my local NHS hospital charge for BB holders using their car park ??

The Blue Badge Scheme does not provide automatic exemption from paying for parking however many car park operators do offer free parking to those who display the Blue Badge when parked in a designated disabled space.

The_Deep

twhitehousescat wrote: »

Not according to the booklet that comes with the BB, the UK Gov website that covers the BB, and the House of Commons Library that all say it does NOT apply on private land.


I give in ,,,,,,,,,,,,

another lurker that spotted this in the listings under motoring

A/M lurker is talking about the BB, we are talking about the EA.

One rule for the elite another for the peasants. More cash you have, the more justice you can buy.

OP you are talking like a socialist, it was them they came for first.

In my experience (and I am approaching 80) the poor are often poor because they failed to make the best of the hand life dealt them. They bunked of school spent their money on booze, fags, and the gee gees, and mixed with the wrong crowd.


es r

Fruitcake

John_G_Jones wrote: »

So if it doesn’t apply on private land what’s the OP’s reason for parking there?

You need to get your story straight.

One of the vehicle's occupants had a disability as defined by the Equality Act 2010 that entitled them to park in a disabled bay

A blue badge is not the only indicator of a disability. The blue badge scheme does not apply on private land because the UK Government and an Act of Parliament say so. The scammers say otherwise because they are unregulated scammers.

In any case, the OP has a blue badge but for whatever reason didn't display it. This does not make their disability go away. Oh that it were that easy to cure someone.

Fruitcake

antandann wrote: »

Just found this from the House of Commons briefing paper from the 16th of August 2018 from the blue badges and parking for disabled people in England brief:

' Privately-owned car parks (e.g. most supermarkets car
parks): effectively, the landowner (usually a parking enforcement company acting on their behalf) has the power to impose reasonable restrictions. So, in theory (and indeed often in practice) a space can be marked for particular groups, e.g. disabled people, and the company enforcing the parking restrictions may issue a
penalty charge to people for parking otherwise than in
accordance with the relevant markings or signs.'

It would appear I was unlucky to get a judge who knows the score, as much as it pains me to admit it. It would seem the private parking scammers have more clout now than the local authorities. What a complete joke.

From the same document.

http://researchbriefings.files.parliament.uk/documents/SN01360/SN01360.pdf

This is a House of Commons library note. It quite clearly states on the front page,

"The blue badge scheme does not apply to off-street car parks, whether local authority- or privately-owned."

and further down the document,


"Off-street parking

The blue badge scheme does not apply to off-street car parks whether local authority or privately owned. However, the Equality Act 2010 does require parking operators on private land to make ‘reasonable provision’ for disabled people." [/B]

… and here it says,

The scheme does not apply on private land; this includes the road systems at some airports, such as London Heathrow.

There's more,

"The position is more complicated in the case of private car parks or privately operated car parks – for instance those at supermarkets – as the disabled parking spaces are generally not designated by Order and therefore no offence is committed by non-disabled people parking in these spaces."


No they may not issue a penalty. They cannot. No private entity can issue a penalty in the UK.

The_Deep

It would seem the private parking scammers have more clout now than the local authorities. What a complete joke.

I started off wanting to help the OP, but now I am not so sure that I do. He seems to have a massive chip on his shoulder.