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I think Vin is right unfortunately.
There is guidance in BS8300 and from Department for Transport on the amount of spaces that should be provided but this is only guidance. However the reasonable adjustments duty under the Equality Act means that whoever is providing the service (car park) must make sure that disabled people are not excluded. This also means that where provision for disabled people to park is made, the spaces have to be accessible otherwise they would be found to be ineffective as an adjustment under the Act. "Accessible" not only means convenient, well signed and of sufficient size but that the spaces must be managed to ensure that they are not abused otherwise they could be deemed not fit for purpose. Of course all this would have to be argued through the courts unless anyone knows of any existing cases which might set a precedence. It would be worth using the Questions Procedure to challenge the car park owners in the first instance and take things from there.
Regards
Alan Hunt
Access Officer
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1TP
Tel: 01437 775148
-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of Vin
Sent: 23 October 2014 21:02
To: [log in to unmask]
Subject: Re: My first enquiry - re accessible car parking
Hi Jon,
not good news I’m afraid - from what I know this would be a private car park [whether the shopping centre owns it or not, although if the shopping centre were owned by the local authority that would open up the Public Sector Equality Duties as a means of support] and in private areas the car parking has no legal status. Which leaves only persuading whoever owns the car park to behave like human beings and enforce the usual rules of Blue Badge Parking or, failing that, using the press to embarrass them into doing so. The fact is I’m afraid that Blue Badge parking spaces have no legal status in private car parks - just one of the bizarre anomalies of a legal system that basically screws disable people while pretending to protect them! :-)
very best of luck with whatever approach you take!
Regards,
Vin
Vin West
Chair
Arfon Access Group
01286880761
07771536760
Glyn Dwr
Llandwrog Uchaf
Caernarfon
LL54 7RA
[log in to unmask]
> On 23 Oct 2014, at 12:00, Jon Burke <[log in to unmask]> wrote:
>
> Hello all,
>
> I have just joined the list so although I already recognise a few names of people posting, I will start by introducing myself. I have been Access Project Manager of Manchester Disabled People's Access Group (MDPAG) for just over a year. As the title suggests I do manage our access work but I also really co-ordinate all our day to day activities. This includes a range of access consultancy services, training local disabled people to become NRAC accredited access auditors, involving our members in various access related consultations and generally campaigning for improved access in Manchester and the surrounding area. I came to the organisation with what I called at the time a fair amount of 'informal access' experience and awareness but since being with the organisation I have been learning to do access auditing from what I now call 'the more technical perspective'. I am really looking forward to learning from your knowledge, experience and different outlooks. We would particularly like to make links with any other access groups so if you come from that emphasis please drop me a line.
>
> Anyway, I have an enquiry. I think I know the situation here but thought it best to check with you all. We've just had an enquiry from someone fed up that the accessible parking in his local shopping centre is not well monitored so is often abused. He's been told the reason staff from the shopping centre don't do that is that they don't own the car park so it's not their responsibility. I believe the technical term for this response is 'bunkum'.
>
> Could someone, particularly with knowledge of how the Equality Act is supposed to work, advise me if I'm correct please and if so point me in the direction of the most appropriate section of the act that relates too.
>
> Many thanks in advance
>
> Jon
>
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