Parking ticket received unfairly?

Trainerman

Buster_Danog said:

prowla said:

Parked in a marked disabled bay with badge and ticketed?

Yep - I'd say that's unfair.

Why? If it's a residents parking area with disabled spaces that doesn't mean anyone with a disabled badge can enter the parking area without a residents permit.

Buster_Danog said:

prowla said:

Parked in a marked disabled bay with badge and ticketed?

Yep - I'd say that's unfair.

Why? If it's a residents parking area with disabled spaces that doesn't mean anyone with a disabled badge can enter the parking area without a residents permit.

The OP said that the PCN was for 'parking in a non-designated bay', nothing to do with permits

Buster_Danog

Coupon-mad said:

It very likely does because it will be for disabled visitors too (unlikely to be for one named tenant).

How do you know? It could be for disabled residents if they have shown proof to the local housing office and then been given a permit for that space.

Coupon-mad

A private land 'service provider' can't really restrict an accessible bay to be used only by one person, any more than a Local Authority can on street.

Not even if it's based on the needs of a single applicant. To restrict use would be to discriminate against other disabled persons who need to use it. Can't do that.  Accessible bays are there for those who genuinely need them.

The private land one could also require a permit, but that one doesn't seem to.

To be clear: I am not saying that any random person who has no business to be there could or should use it just because they are disabled but want to go off down the high street.

Nothing suggests this OP was doing that and I think they said they are disabled, so nothing wrong with their parking if they had reason to visit that estate.

Permits are not mentioned in this case.

Buster_Danog

Coupon-mad said:

A private land 'service provider' can't really restrict an accessible bay to be used only by one person, any more than a Local Authority can on street.

Is there a law to say this? I would imagine a private car park would have a small amount of disabled bays so might want disabled residents to have to register to use those bays. How else could they control how many residents are allowed to use the disabled bays?

Coupon-mad

An accessible bay is provided to comply with the Equality Act 2010 and not for one person.

Why would they seek to 'control' how many rightful users who are disabled, need to use it?

If there is more than one resident needing it, then those persons could make use it on a 'first come first served' basis, if there is only one such bay. Not ideal but that's the situation.

Same as on-street, if a resident convinces the Council to add a 'disabled' bay outside their house. It's never ring-fenced for their exclusive use.

If there's a problem (more need than anticipated, by genuine residents and visitors), the service provider can meet their EA (and EHRC Code of Practice) statutory duty, by actively looking to find a suitable place to add a second accessible bay.

Yes: if they really want to 'reserve' it for people who also only have a certain type of 'permit' then they could, of course, as long as they don't disadvantage or ignore the rights of other residents who might have similar disability needs. 

But that's not what this thread is about and the false 'PCN' wasn't given for not displaying a permit.

And the PCN in this case is just a piece of paper that must be ignored as it was issued by an unregulated company who (by their own choice) can no longer get DVLA data.

Buster_Danog

Coupon-mad said:

Same as on-street, if a resident convinces the Council to add a 'disabled' bay outside their house. It's never ring-fenced for their exclusive use.

If there's a problem (more need than anticipated, by genuine residents and visitors), the service provider can meet their EA (and EHRC Code of Practice) statutory duty, by actively looking to find a suitable place to add a second accessible bay.

Yes: if they really want to 'reserve' it for people who also only have a certain type of 'permit' then they could, of course, as long as they don't disadvantage or ignore the rights of other residents who might have similar disability needs.

Interesting. However, I have seen disabled bays with a code which are only intended for a particular user in Westminster. I often jog past one in that has "Disabled D4** Only" written at the end of the painted lines. I doubt that is breaking discrimination laws if the council knows of a particular person who needs the space due to a particular disability.

I imagine private housing car parks have the same issue. Some tenants would have severe disabilities and the car park owner would therefore need to limit who could use the disabled bays.

Coupon-mad

As I said, yes they can on private land (as long as other disabled residents needs are also met) but that's not what this thread is about.

Glad to keep it up the top though, so that more people know that WING PARKING CAN'T GET DVLA DATA which is the main message!

On-street in Westminster?  Interesting.  I was there recently for a 'parking law' related meeting with people I won't name.

But I've never seen an accessible bay on street with those markings.  Not sure it would comply with the TSRGD. Maybe it's a private street?

Buster_Danog

Coupon-mad said:

On-street in Westminster?  Interesting.  I was there recently for a 'parking law' related meeting with people I won't name.

But I've never seen an accessible bay on street with those markings.  Not sure it would comply with the TSRGD. Maybe it's a private street?

No, Definitely a public road. I can send you the particular road if you are interested but to my memory these kinds of bays are nothing unusual. I've known about them for years.

Coupon-mad

Ah, I looked it up: a beast specific to a few central London Boroughs: WHITE badges!

"How do you get a white badge?

If you are a disabled individual working, studying or receiving life-saving medical treatment in Westminster and you currently hold a Blue Badge, you may be eligible to receive a White Badge. For eligibility criteria and to apply for free disabled parking, visit the page on the Westminster City Council website."

https://fisd.westminster.gov.uk/kb5/westminster/fis/advice.page?id=3bMITgnkgJ0

https://www.westminster.gov.uk/parking/disabled-parking/where-you-can-park-disabled-badge

Interesting, I vaguely recall reading about this before.  Not actually relevant to private land in Haringey, with an unregulated parking shark that can be ignored, though.