Disabled Parking Bay

[keefyboy]

I moved into Loughborough in March 2008 and our road and surrounding roads are subject to Parking permits because of the problems with students attending the Uni parking in our roads to be nearer the Uni and means they don't have to walk far.

I applied to Leicestershire County Council for a bay marked Disabled and it was refused on the grounds that this is a Residential Preferentual Parking Area, so I didn't need a bay. Out of nearer 200 houses in our street alone there is probably only about 20 families, and considering that there are normally about 4 students to each house, and each house can apply for 2 parking permits. Also parking permit holder can purchase from the local council day permits which can be used by any vehicle not having a permit.

So basically if there are 4 students in each house, 2 get Permits and they in turn buy the Daily Permits and give them to the other 2 students, we can finish up with 4 vehicles belonging to one house in a street where we are virtually 1 space outside each house for one car.

 

I am registered disabled, and can hardly walk and my wife can not get parked outrside our house to allow me to get indoors easily. I was disgusted with the council and wrote a letter asking them to explain WHY I couldn't have a bay marked in the road o/s our house when there are OTHER bays that are marked in the road Disabled around the estate (9 in Total). The result of this letter was I had an on site meeting with the Transport head , my local MP and myself (in the pouring of rain I might add). He stated that I could not have a bay because to give me a bay would cause a lot of problems to them because the bay is only an advisory marking. When I pointed out (and gave him 9 photos of the other bays on the estate that are marked disabled) the other bays, his reply was that when they put the Parking scheme in they forgot to take into account the peole with disabilities and then had to change the Parking order to take into account the 9 bays (and others that have now gone).

 

I asked him what help they could give and he replied nothing as we won't change the order as they were currently mailshotting other roads and estates where more problems with parking have happened because of the students going to those streets as well as our street. He said that this would also be sending a questionaire out to our street and now would add a question about "are you a Blue Badge Holder" and when they finally decided to introduce a new scheme (probably to make us pay more to park outside our own home). When I asked how long this may take his reply was 2 years maybe longer so once again I asked why I can not have a advisory bay, he replied because this will make problems and they would have to get another amendment to the already existing order. I asked what could he do to help me and he replied "e would send out letters to 10 houses on either side of mine on this side of the road and 20 opposite, asking them to leave the space clear for me to park in. Well surprise it didn't happen at all, no letter was ever sent out to anyone in the road. I asked about havin g an Offical Blue Badge Holders bay marked, and this was turned down once again, because we "MAY" include Blue Badge Holders bays when we change the scheme in the future. He did also tell us that the Disabled bays are not enforceable if someone who does not have a permit with the additional "D" added to the permit (I had to prove that was disabled so they could put a "D" on my permit, allowing me to park in any Disabled advisory bay). I then said, what would you suggest then, he replied "Put some Notices in your window asking people nopt to park there," I did this 2 in the front window and 1 on the gate, but it makes not difference, the students just totally ignore the signs, I then asked what would happen if I made signs on sticks on a base into the parking area, he said "We would have them removed"

 

Several weeks ago we got the survey letter which I returned and enclosed a letter personally marked "Private and Confidential" addressed to him asking him why he had not carried out his offer of sending out the letters, well what a surprise again, he hasn't even had the courtesy to reply to that letter.

 

Last night when my wife and I came home we could not even park in our street, we finished up 2 streets away, which has caused me big problems having to walk that distance since last night.

 

So LCC have no intention of helping me get a parking space, even though they have for several other people on the estate (9 bays to prove it) by changing the order before.

 

I feel that I am being discriminated against because I am a disabled person, has anyone a suggestion what I can do next, other than going out to buy some paint and doing the job myself ? My Sister In Law suggested using the European Court of Human Rights, but I wouild not know how to even contact them let alone sort something out.

 

Sorry it's so long winded, but you have to know the whole facts.

Finally, yes I have copies of all correspondence between me and them.

[silverfox1961]

Hi,

I've done a bit of searching but all I can find is this:

 

Advice from our helpline

 

You can try giving them a ring and see what they can advise

 

fox

[keefyboy]

Thanks Silverfox1961 I will give them a ring on monday... this thing is getting me down so much, I have never known anyone so unhelpful and so rude to not even answer a letter.

[Bazooka Boo]

Had a quick google search for your council and turned up this:http://www.leics.gov.uk/new_servicepagestheme.htm?initial=&pid=274&theme=T6

Customer Service Centre

 

0116 305 0001 customerservices@leics.gov.uk Customer Service Centre

Highways and Streetlighting

County Hall

Glenfield

LEICESTER

LE3 8STNot sure if it might be of any use to you?

[keefyboy]

Thanks for your effort with these details, but it is the Leicestershire County Council Highways Dept is who is refusing to give me a parking bay, unfortunately because of a little ill health I haven't had a chance to ring the people suggested, but will try tomorrow...

Thanks for taking the time to let me know that people are interested in my plight.

[Bazooka Boo]

Thanks for your effort with these details, but it is the Leicestershire County Council Highways Dept is who is refusing to give me a parking bay, unfortunately because of a little ill health I haven't had a chance to ring the people suggested, but will try tomorrow... Thanks for taking the time to let me know that people are interested in my plight.

 

All of the links I have given you keefyboy are for Leics CC. I wouldn't ring them, unless you can record your phone calls? Write to them instead, that way then at least there is a paper trail of yours and their communication. From the very little I have searched, if you offer them the £50 it "allegedly" costs them to paint the lines on the road for a marked, but unenforced, disabled parking bay, I would gladly stump up the funds for them to do so. Failing that, I would ask the missus to first drop me outside the house before she drove about trying to find a parking spot. It really is a "you scratch my back I'l scratch yours" world we live in. The simple fact that you cannot park your car outside of your house, regardless of your disability, does not mean you cannot be a right royal pain in the proverbial every time your good lady picks you up or drops you off at home. Play them at there own game. I'd be as incosiderate as I possibly could, right up to the point that the old bill were called!!

[keefyboy]

Hi again

I don't know if I have not made it very clear, I originally applied to LCC for the bay markings, and this was all done in writing, of which I have copies of all paperwork between them and me. They have refused to do this for me, even though they have provided the same style bays for 8 other residents on the estate. I have had a site meeting with the head of Highways, and made sure I had a witness to what was said, she being my county councillor for this area. Every telephone call made, has been recorded in writing giving dates, times and even who answered the phone, length of call and everything else I could think of to write down.

So I therefore are feeling discriminated against because of my disabilites as they have already supplied 8 other bays for other disabled people on the estate but refused me.

When I applied for the bay on their application form it stated that you don't pay for the contractor to until they send you approval.

As for my wife dropping me off and then driving off to find somewhere to park is fine, and we have done that several times, and yes it has caused a little bit of anger from local STUDENTS, who don't want to wait for anything, but I have to live here, they move on but don't care or consider anyone else who lives in the area. To give you an idea, the street I live in is made up of terraced houses built approx 1890's with the front of the house straight onto the path o/s, most of the houses are let out to students (of approx 180 houses, there is only about 12 real residents) LCC allows the local council to issue 2 car parking permits to each house (where there is only enough room o/s each house for one car). Those students can then purchase books of parking tickets that cover a single day parking for visitors, so they buy the tickets for the other residents in the house and then they park anything up to 5-6 cars in the street, legally, and do this everyday. So hence my application to be able to park NEAR our houses. On several occasions my wife has had to park the car 3 or even 4 streets away. The system is abused every single day..

I know that legally I have no legal right to park o/s my own house, but as others in my area have been given the right, then why can't I be treated with the same...

[Bazooka Boo]

Well it certainly won't be a quick fix overnight then by the looks of things!

Have a look through the following links to see if you can get any help or advice as to your next course of action:

Your rights - motoring and transport : Directgov - Disabled people

 

Disabled Persons Transport Advisory Committee (DPTAC)

 

Equality and Human Rights Commission - home page

[keefyboy]

I rang the Equality and Human rights commision today and they were extremely helpful and explained what my rights are and how I stand legally. The man there also sent me a draft of a letter to send to Highways to see what are the reasonsare to reject my application. When I expalined to the commision what has been previously said they told me that the reason I was given what not justify able reason.

 

For obvious reasons I do not want to jepodise my case by putting to much information on here for until we know exactly where I stand and what is our next course of action.

 

I will of course update this case as soon as I can.

[Bazooka Boo]

I rang the Equality and Human rights commision today and they were extremely helpful and explained what my rights are and how I stand legally.

 

I've been doing a bit of digging aswell, and can only find this on LCC Highways website:Leicester City Council - Advisory Disabled Persons Parking Place

which only really gives you the criteria for having an advisory parking bay out side your home. And this is there email address transportdevelopment@leicester.gov.uk

 

Failing that I do know that if they are still telling you what they have done already, the first course of redress is to lodge a formal complaint with LCC Highways agency

Comments, Compliments and Complaints

Customer Services

Resources Department

Leicester City Council FREEPOST (LE985/33)

New Walk Centre

Leicester

LE1 7ZP

Or go online and fill in their online complaints form :Fill In

 

And as I suspect, should you wish to escalate the complaint then you can do so by complaining to the Local Government Ombudsman (LGO) for them to investigate:Local Government Ombudsman • Home there only real criteria which needs to be met is that you have made a complaint to your council, and you are not satisfied with their answer, and your are inconvenienced somehow by their failure to change that decision. And by my books, they would look into it, but as with everything else they first need to have been given the chance to rectify the complaint first off.

Hope this may help and good luck!

[keefyboy]

Hi Again Bazooka Boo

 

Many thanks for all that information, but I should have said before I live in Loughborough which comes under Charnwood District Council, and they act as agents for enforcing the parking permit scheme for Leicestershire County Council Highways Dept.

 

My letter has gone to LCC Highways about DDA and they have 14 days to reply and give in writing their reasons for refusal, and the answer "it's a Residential Preferental Parking Scheme, " holds absolutely no acceptable reason for a refusal. So I have just got to wait and see what they say. I'm away for 1 week from Thursday so I hope there will be a letter there upon my return on Next Wednesday, and whatever happens I have got to speak to the commision first off, and they will advise me the best way to go from then.

Keep watching this space as I think this is quite an inportant case for other Disabled people who have got the same response as me, but were either too scared to go further with it and grin and bear it. But me, my middle name from my misses now is "Moaner"..

 

But I tell you one thing, I may be disabled and unable to work, but boy I found something I can get my teeth into, complaining, and you would be really surprised at the results you get... it's well worth moaning about, let us get things done properly and not treated like second class citizens because of our disabilities....

 

I will update you as soon as poss, I may not have any access to internet for the week I am away...

[Bazooka Boo]

I may be disabled and unable to work, but boy I found something I can get my teeth into, complaining, and you would be really surprised at the results you get... it's well worth moaning about, let us get things done properly and not treated like second class citizens because of our disabilities....

 

Your right there "moaner"

As I have difficulty in explaining and moaning verbally, complaining via letter and email are my preferred methods of communication, I have even taken to helping out friends and family when they get abysmal service, I've got the time, and CAG has given me the know how, leave it to me!

[keefyboy]

I have found a new born confidence since joining the CAG, last year I started off 2 credit card charges cases with a company, well one has been sorted win for me, but I am still waiting for the verdict on the 2nd one as the judge stated she would make a verdict in mid january 2009 and we are still waiting, and after paying them their 25% + vat fee it knocks it down a big chunk. So with this new bound "Moaning "quality of mine I am tackling bigger fish, namely 2 credit card companies with regards to the producing the original agreements etc.... going well so far, with the groups support... Roll on Wednesday, day 14 + 2, the 2nd letter is already drafted out and ready to post..... If these work out then I will hit all the others with a good feeling that I am doing it myself.

 

I have had some very good successes with my moaning and I don't have to take it all from these rip off merchants any more.

The group is what we all need, someone to help us "all" get the monies and liberty back that we deserve. It's the end of rip off britain for me, I'm fighting back..

[Bazooka Boo]

It's the end of rip off Britain for me, I'm fighting back..

Exactly what this site was created for, Reclaim the right.

[keefyboy]

When I noticed the section about Disabilities, I couldn't get in there quick enough, and when I got passed to the Human rights people I was so surprised how much they want to help "US" not just me, you as well as all the other people in our position. They take the time, like the good folk on here, to talk in language we understand, not quoting things, that to us is gobalbegook (if thats how you spell it). Plain straight forward english, I can't praise them high enough.

[keefyboy]

Well wot a surprise, No Reply from LCC Highways (How unusual for them, thats the 3rd time), so I got onto Human Rights people and they explained the next step of the process, I have 2 choices

 

1/ I can write to LCC once again, and ask for their reasons for not replying and what are they going to do about this breach of my rights, giving them ANOTHER 7 days to reply or

2/ Send copies of all my correspondence to them and they will contact LCC

with a bit more Humph (thats a great word ) behind their letter pointing out that they have breached the rules and why they did not answer the first letter to them and secondly what are they prepared to do (same as what I could have opted for) but then also point out that they are breaching the law and if this is not settled in a satisfactory way then it will be passed to the legal department for court action to FORCE them to do something.

 

And I am sure the local papers would be very pleased for a story like this.... could I do a thing like that.......... YES !

[silverfox1961]

I'm sure the Mercury would be interested and your local one too (is it the Echo?) (Now I'm giving my location out now )

I'd be going to County Hall and creating a big fuss outside

[keefyboy]

I did threaten the highways man that I would make my own kind of Cones, with notices on and place them in the space o/s our house, and his reply was "we will remove them" and I replied "and I will make some new ones and put them outside" He was not amused and said he could report me for littering ???

( probably given as excessively thick bits of paper maybe?? )

 

and yes that is at Glenfield isn't it Fox ?

 

and thanks for that about County Hall, hadn't thought about doing a march (well wheelchair protest) on the steps if they have any...

 

and I wonder if the Sun or News of the World would attend, local TV company maybe.... the more I think of it the better this sounds... get my teeth into that quite easily... and enjoy doing it, even in the rain!!

[keefyboy]

Latest Update:

After sending the recommended letter from Human Rights people I had absolutely NO REPLY from Highways, (I presume they have passed the letter to their Legal Dept, spoke to HR people, they said the next step is

 

1/ I could write to them again asked for the reasons for not replying to my letter, giving them a further 7 days to reply

or

2/ Pass all the details over to their people and they will consider taking action against LCC,

 

well after the way I was treated by them I decided to take some of the weight off my mind with it, so I sent them all correspondance, including a copy of the results of the local survey done on this estate, which was done while the students were all on summer recess, so hardly any replies (I think is was 14% replied). This reply turned up the day before I sent the information to them luckily.

 

I will keep this thread updated as it goes on, as long as it is not detrimental to my case. But I will put the result on whatever happens.

 

:grin:

[Bazooka Boo]

Well keefyboy, just keep up the pressure on them. It was never going to be an easy task, but the more of a thorn in their side you are the more likely they are to give you what you want just to shut you up. It took me over a year to get my lazy inept council to understand that one household wheelie bin for 14 residents to use for recycling fell way short of a duty of responsibility toward encouraging it's residents to recycle. They wanted us to pay for a new larger bin! Anyway, numerous letters to councillors, MP's and the local press eventually paid dividends, as they caved in and provided a new larger bin

But like I say, they will drag their heels for as long as possible, you just need to be a fly in their ear, every week!

[keefyboy]

I had a letter from Human Rights people, they are forwarding my case for consideration of Action by them for the failures of the Council, it may take up to 3-4 weeks to get a confirmation about them taking the case on further.

This has taken a bit off my mind at the mo, as I have had confirmation that I have lost my sight in my left eye and the right eye is deteriorating, now only got tunnel vision, and I don't want to take too much on in one go. As I get one sorted out I will start a new one. Got 3 on the go at the mo.

[robbond55]

Keefyboy -

From another disabled Leicester person, good on you!

Keep up the fight - it's amazing how good you feel once you get your teeth into something.

When you think about the roads department for Leicester, well, the Romans were here in Leicester, built roads which lasted nearly 2000 years and Leicestershire Councils cannot build a road which lasts for 2000 days without it being dug up.

Says it all really!

[keefyboy]

Thanks robbond

I will keep going don't you worry,

I have just received an email from the Human rights people, it has been sent to the conciliation team and they would be making personal contact any day from now on for any other information they require to proceed with the case. :grin:

[Bazooka Boo]

Isn't it ridiculous the lengths we have to go to in order to get something done!!

But hey, make sure you leave em with a bloody nose;)

[keefyboy]

your sure right there Boo, it annoys me that we have to go to these sort of lengths to get somethings so basic, but one thing is sure, we have the CAG to help us get these things.

 

I was speaking to a friend over the road this afternoon, he is virtually completely blind, and he has had to fight for over 3 years to get his landlord to fit central Heating and he only coughed up in the end because Warmfront paid over £2k and the landlord only had to pay £300, its disgusting that they are allowed to get away with it, its not even as if my friend is his only renter, apparently he rents out 18 other houses on this estate alone in Loughborough, so he's not short of a few bob..