Requesting Use of Disabled Bays/ EA 2010/ EASS Response

1505grandad

Apologies for new thread/discussion but the following may be of interest/relevant? as there seem to be several 

BB/non BB/EA 2010 posts recently. As the forum is exceptionally busy will not be surprised if nobody has the time.

I have been requesting the permission of Sainsbury and Tesco to use their Disabled Bays without a Blue Badge and my car VRM
 put on their "white list" - (hat tip to Redx re Asda saga posts for the inspiration).

The "journey" is described in another post below, including the replies from the two supermarkets. 

However I thought it would be advantageous to start with the "journey" as it stands at this moment in time, by c & p the nitty gritty
contained in the reply from EASS (a Government funded organisation - i.e. - taxpayers pay for it) after I referred to them the refusal by Tesco. 

For further info, two of my medical conditions, of which all parties concerned in the "journey" are aware, are mentioned in the following
EA 2010 Guidance doc. as "Protected Characteristics", and one is actually featured in a "situation" example:-

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf

THE PATRONISING REPLY BY EASS

As above, received response from the EASS (to highlight - Equality ADVISORY and SUPPORT Service) and the nitty gritty is extracted
from the long email as follows:-    

"Supermarkets such as Tesco have to enforce the parking themselves under Contract Law and they require people parking in disabled
bays to have blue badges. This is so attendants know the owners are disabled and it’s easier to monitor the spaces to make sure people
are not abusing them.

In your initial contact I can see the advisor advised you on the reasonable adjustment duty, but you should have also been advised on the
exception within the Act. It may be very hard for you to show discrimination under the Equality Act 2010 when it comes down to showing the
substantial disadvantage. This is because everyone who has a disabled space has a disability and they have all applied and been assessed
under the Blue Badge Scheme.

Therefore, your strongest argument would be to apply for a Blue Badge and you would be able to park in the disabled spaces when you
access supermarkets."

Seems to go against all the current thinking found in my research. Unless of course it is only relevant to me and my particular circumstances
in which case it would seem that some "Protected Characteristics" are more equal than others under EA 2010.

Wonder what happened to the campaign with the slogan "Not All Disabilities Are Visible":-

(again the end result of one of my conditions, mentioned in the above Guidance, is used 12 times in the following debate):-

https://hansard.parliament.uk/Commons/2019-06-05/debates/299FAD6A-D09D-4104-9F8F-99416291E013/InvisibleDisabilitiesAndAccessibilityChallenges        

Not sure if the response by EASS impacts in any way on the usual advice stated on this forum. 

If anyone has the time and feels like commenting, please feel free. (I certainly will not use the word "lazy" if there is no reply from any of the
prolific regulars lol).

Redx

I recently tried to get my new vehicle added to the whitelist at Asda head office and they refused , despite doing so with my old vehicle over 2 years ago as a remedy for "reasonable adjustments" under the EA 2010 (Parking Eye) , Needless to say I haven't shopped at Asda since

I can ask the customer service desk at my local Morrisons to extend my stay or advise them of any problems (ECP) so have been there since , plus Iceland too

Have noticed many gastro pubs now using ECP for patrons with tablets on the bar , good signage and notices inside and out , easy to operate and they ask you to confirm the VRM (I have no idea if it compares the able with what you type in)

If enough people do what me and you have tried , things might change ( or if the Mhclg got their finger out as the 1 year anniversary of the parking bill is due soon )

Coupon-mad

That EASS response is wrong.
Complain back to them and explain where they are going wrong in law...mad I know, but they are hopelessly wrong.  You need no permit to be allowed a reasonable adjustment.

1505grandad

Unfortunately EASS does not want to talk to me anymore and have sent this 2 days ago:-

"Thank you for your response to the Equality Advisory and Support Service (EASS) in regards to your issue.

The EASS can provide you with advice and guidance on the Equality Act 2010 and the Human Rights Act 1998; however, if you require a legal opinion on the merits of your case, you would need to consult a lawyer. For more information, please see our legal disclaimer.

I understand the information we provided you with may not have been the answer you were looking for, but there’s no additional advice we can offer you in regard to your issue with Tesco's car park.

Thank you for your e-mail."

I have copied in my MP since the Tesco fiasco started. Shortly after she was re-elected - out of the blue - she contacted me:-

"I hope you are well - happy New Year to you.

I wondered whether your complaint to Tesco has been addressed since your email to Ms Mills of 17 November 2019?

If there is anything I can do to help at this stage, please let me know."

I of course thanked her for contacting me and gratefully accepted her help advising I was waiting on EASS reply.

As there seems to be a difference of opinion at the EASS (the first adviser gave the impression I had a case)  I think I will ask my MP if she will kindly write to the Minister concerned for a definitive third opinion.

If anyone wishes to contribute to the points I should be making it would be most appreciated.

Also the replies from Tesco contain the phrase in them  -  "Having reviewed this with our Business Partner that handles our car parks."  I wonder who/what "Business Partner" is.  SAR has been submitted.

As an aside when I previewed my first post it was perfectly formatted - don't know why there are gaps in the sentences.

Coupon-mad

The second reply is also written in bad English which comes across as clunky and unprofessional and makes me think it has not come from anyone in a Managerial position - more likely to be a clueless clerk who thinks the Blue Badge scheme defines disability in private car parks .

Wow, what is the World coming to when the EASS don't interpret the right to reasonable adjustments in the proper way in law?!   This bit is complete and utter garbage:

It may be very hard for you to show discrimination under the Equality Act 2010 when it comes down to showing the substantial disadvantage. This is because everyone who has a disabled space has a disability and they have all applied and been assessed under the Blue Badge Scheme.

D_P_Dance

IMO if you are disabled, whether you hold a BB or not ,  you are entitled in Law to use BB space in a supermarket.  BBs are not issued for temporary disablement so, if you are fit and health but have broken a couple of legs and need to use a wheelchair, parking in a BB space is your lawful entitlement entitlement.  Any claims for BOC under contract Law should be met with a counter claim for disabled discrimination. and let a judge decide.  

1505grandad

Indeed.   I will check out higher management and ask MP to write/ copy in appropriately.

Contrast the replies received from Sainsbury and Tesco in response to my initial request:-

A few months ago I sent the same letter to Sainsbury and Tesco, attaching letter from my Consultant and photo of "Priority Card" and gold RADAR key provided by my ".xxxxxxxx.Care Team", requesting permission to park in their disabled bays when required (emergency only - conditions worsening) due to the reasons mentioned in the attachments, and my VRM to be added to their "white list" to avoid the dreaded parking ticket.

I explained that I do not have a BB (prefer, for the time being, to remain independent as long as possible) but stated:-

"......................and therefore do not wish to apply for a Blue Badge  at this time (which is not applicable on private land anyway) because, of course, I am covered by the Equality Act 2010 - Protected Characteristics."

Within a few days I received the following from Sainsbury:-

"Thank you for your email.

We've arranged for the registration provided to be added to the system to ensure that you can park in disabled bays at our stores without receiving a parking charge notice. If you change your car at any point can you let us know so the system can be updated.

Kind regards,

XXXXXXXX

Sainsbury's Careline

Sainsbury's Supermarkets Ltd | 33 Holborn, London | EC1N 2HT"

After politely chasing Tesco I eventually received this unprofessionally written reply (on behalf of the Executive Office of a multi-national company - hence my (sic)):-

(It is the sort of response I would expect (have seen) from a scamming ppc)

"Thank you for your email about requesting to use the designated disabled spaces in our Tesco Car Park without a Blue Badge.

Having reviewed this with our Business Partner that handles our car parks. [sic]

I can confirm that we do ask our customer to follow the terms and conditions of the car park by displaying a Blue Badge if they wish to use the designated disabled spaces.

You mentioned in your email that you do not need a Blue Badge on private land after researching this on the Government Website on the Blue Badge Scheme the website states:

Private roads

Do not park unless you have permission from the owner.

We are giving customer permission to use the car park while stating conditions of use, one of those being displaying a valid Blue Badge. [sic]

As this is the Terms & Conditions we cannot authorise anyone to use the parking without following these. I am sorry this may response may disappoint you. [sic]

Kind regards,

XXXXXXXXXX

Customer Service Specialist

On behalf of the Executive’s Office

Tel: 0800 072 6685"

D_P_Dance

I explained that I do not have a BB (prefer, for the time being, to remain independent as long as possible) but stated:-

Surely a BB would enhance you independence, it has mine..

nosferatu1001

Point out to Tesco that, when you use a disabled bay *as is your right*, any issuing of a parking charge will be responded to with a civil claim for damages under the EA2010 and DPA2018, naming Tesco as the defendant. 
Send this to their legal department, advising them they really should just instead add you to the whitelist, as this is the most cost effective solution for them, and ensure that their front office staff have actual training in the EA2010 and their legal liabilities for not following it.

1505grandad

This long drawn out saga (started Oct 2019) seems to be coming to a conclusion and details can be posted shortly when done and dusted if anyone is interested.

In the meantime just wondering if a query I raised with Tesco in the last few days is of interest as I have not come across it before.

Part of a recent reply from Tesco:-

"The car park at our (my local) superstore is also managed by Horizon .........................................."  

My query to Tesco re above:-

"I attach a photo of the sign at Tesco (my local store) taken today by my granddaughter. There seem to be both 

Highview (managed by) and Horizon mentioned on the bottom of the sign - just checking."  

Their reply (an exact copy and paste):-

"I’ve spoken to our car parking operations manager regarding the operating presence of both Highview and 

Horizon in the store car park. She has informed me that Highview operate the ANCR cameras for the whole car 

park monitoring the overall time customers spend in the car park while Horizon are ‘feet on the ground’ 

monitoring the usage of the parking bays. I hope this makes sense and clarifies the situation."

If anyone wishes to comment that this is an unusual situation as I just wondered if there is an issue re contract 

with driver with two ppc's on one sign serving two different functions.

Of course, I assume all is ok as the sign has been audited by the BPA!.

nosferatu1001

Impossible for adriver to contract with two different entities.