Dear All,
I think the 'notice' on the Website is thoroughly misleading. They are
confusing the meaning of the example in the Code to apply it to blue badge
bays. I do not believe the Code says this.
2.10 says:
In considering its duties under the Act, a service provider should not use
any definition of "disabled person" which is narrower than that in the Act.
A large supermarket has its own car park with spaces close to the
entrance for use by disabled customers which are reserved for those with an
orange badge car parking concession. After the introduction of the duty of
reasonable adjustment, the supermarket recognises that it must also provide
appropriate assistance to all disabled people who find it unreasonably
difficult to access its services and not just to those with an orange/blue
badge car parking permit. For example, the supermarket also offers a
carry-to-car service for disabled people who are unable to carry their
shopping themselves, but who might not be orange/blue badge holders.
this, in my understanding means that as well as providing disabled parking
bays the supermarket must also consider those disabled shoppers who do not
have a blue badge and must consider assisting the disabled customer to their
car. Nowhere does it say that this customer uses, or is allowed to use, the
blue badge bays. What, in my opinion, it does say is that anyone with a
disability should receive a service from the supermarket which is the same
as the service provided to blue badge holders, including having their
shopping carried to their car, which would be parked in a standard bay.
The Code says that a definition of disability should not be used which is
narrower than that in the Act. Equally, it should not be used too widely as
to be detrimental.
As far as the original question is concerned, a private enterprise can make
any provisions it likes. There are no requirements for it to have blue
badge bays or even give concessions. Clamping of vehicles not displaying
the required blue badge would, again, in my opinion, be perfectly within the
owners rights as long as signage emphasising this action was prominently
displayed.
I would be interested as to other people's views on this.
Regards.
John.
John Gregory
Access Officer
-----Original Message-----
From: Lynn Jeffries [mailto:[log in to unmask]]
Sent: 23 August 2005 00:18
To: [log in to unmask]
Subject: Re: [ACCESSIBUILT] Enforcement of reserved spaces for disabled
users at commercially managed parking sites
Hi All,
I don't want to confuse this issue but on the Spacehog web site
http://www.spacehog.org.uk/page3.html
<http://www.spacehog.org.uk/page3.html> I found this:
"Important note:
It should be noted that the DDA makes it clear that these bays are available
for most people with substantial and long-term disabilities which have an
adverse effect on their ability to carry on day to
day activities.
The provisions do not relate to PERMIT HOLDERS exclusively, as such any
policy of fining or clamping non-permit holders is illegal and actionable by
the disabled you can seek compensation for any emotional distress caused.
Section 2.1 of the Code of Practise clarifies this point "a service provider
should not use any definition of "disabled person" which is narrower than
that in the Act" and confirms that disability and not permit display is the
overriding consideration of the legislation".
Any thoughts?
Lynn
-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of
helen kane
Sent: 22 August 2005 22:56
To: [log in to unmask]
Subject: Re: [ACCESSIBUILT] Enforcement of reserved spaces for disabled
users at commercially managed parking sites
Peter,
The best enforcement method I've seen is to clamp non-badge holders who use
accessible bays. It generates an income for the management company and is
easily administered. It's very effective in Bluewater.
Helen
<BLOCKQUOTE style='PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #A0C6E5
2px solid; MARGIN-RIGHT: 0px'><font
style='FONT-SIZE:11px;FONT-FAMILY:tahoma,sans-serif'><hr color=#A0C6E5
size=1>
From: <i>Peter Bates <[log in to unmask]></i><br>Reply-To:
<i>Accessibuilt list <[log in to unmask]></i><br>To:
<i>[log in to unmask]</i><br>Subject: <i>Enforcement of reserved
spaces for disabled users at commercially managed parking sites</i><br>Date:
<i>Mon, 22 Aug 2005 15:37:29 +0100</i><br>>A local developer is putting
in a number of car parking spaces reserved<br>>for disabled users in a
staffed multi-storey car park in a prestigious new<br>>development. At a
consultation meeting recently we discussed the issue of<br>>abuse of the
reserved spaces. He said that he was just about to negotiate<br>>with the
prospective parking management company and would think about<br>>whether
there was any way he could use that contract to help
enforcement.<br>><br>>In the spirit of co-operation - and so he
doesn't forget! - I would like<br>>to be able to offer him help in his
negotiations. Does anyone know of any<br>>cases or any real-life examples
where commercial contracts with car<br>>parking management companies have
included requirements or performance<br>>measures for tackling this sort
of abuse?<br>><br>>In my naivety it would seem that the best way to
ensure enthusiastic<br>>policing of spaces reserved for disabled users is
to make it financially<br>>disadvantageous for the car park management to
neglect it. Experience may<br>>have proved
otherwise.<br>><br>>Peter Bates<br>><br>>----------End of
Message----------<br>><br>>Run by SURFACE for more information on
research, consultancy and the distance taught MSc. in Accessibility and
Inclusive Design programme
visit:<br>><br>>http://www.inclusive-design.it<br>><br>>Archives
for the Accessibuilt discussion list are located at
http://www.jiscmail.ac.uk/lists/accessibuilt.html<br></font></BLOCKQUOTE>
----------End of Message----------
Run by SURFACE for more information on research, consultancy and the
distance taught MSc. in Accessibility and Inclusive Design programme visit:
http://www.inclusive-design.it
Archives for the Accessibuilt discussion list are located at
http://www.jiscmail.ac.uk/lists/accessibuilt.html
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Run by SURFACE for more information on research, consultancy and the
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