Blue badge - can only use if have disabled tax in local town centre ?

[2ltr16valve]

Hi all.

 

I have just come to my local town centre (Romford market place car park) to find I can only have 2 hours free parking if I also have disabled class taxation on the vehicle the badge is displayed in.

 

Is this legal ? Or even allowed extra stipulations like this ??

Not everyone has disabled taxation - like myself as I have a discretionary badge at present.

 

I have a photo of the sign but can't upload on mobile skin ?

[caro]

Interesting question. My late mother had a disabled badge although she didn't drive and had no car. It was used in whichever vehicle she was travelling in.

[2ltr16valve]

I've spoken with them an apparently you can park in a disabled bay still ... But you still have to pay at the payment machines which are spread around in few numbers.

Raised a formal complaint. Surely they can't be that hard up

[Michael Browne]

It's not unknown for some councils to charge BB holders in council carparks, but I never seen them to make a distinction between 2 classes of BB holders.

 

No such distinction between disabled tax disc and BB holders made in their 'Parking in Romford Town Centre' guide,

 

We advise that you check the car park’s rules before leaving your vehicle unattended.

Vehicles must not be left in a pay and display bay without displaying a

valid ticket or a Blue Badge with the appropriate time clock displayed.

 

http://www.havering.gov.uk/Documents/Transport-and-Streets/Car%20Parks%20Romford.pdf

[2ltr16valve]

Here's a pic of what says on machine

 

[Michael Browne]

Be interesting to see whether that restriction is in the Parking Places Order for Market Square.

 

If as a BB holder and you park in a disabled bay, I can see why you need to display the BB, but if you have to pay anyway, why is it a requirement to display the clock too.

[2ltr16valve]

Be interesting to see whether that restriction is in the Parking Places Order for Market Square.

 

If as a BB holder and you park in a disabled bay, I can see why you need to display the BB, but if you have to pay anyway, why is it a requirement to display the clock too.

 

Pretty stupid isn't it !

As I say for people who have a discretionary blue badge and even those that may be taken out in someone else's car or this that just do not drive - have to pay because they do not have disabled tax.

Personally I see it as discrimination and undermines the whole purpose of the bb scheme.

[Michael Browne]

Be interesting to see whether that restriction is in the Parking Places Order for Market Square.

 

 

Astonishingly, it does:

 

Havering (Off-Street Parking Places)(Special Parking Area) Superseded Order 2008.pdf

[2ltr16valve]

Just had a reply from the council. Typed as follows.

 

---------------------------------

 

I thank you for your complaint received on 22/04/2014, and having investigated the matter fully I am now in a position to respond.

 

Parking exemptions available to blue badge holders are governed by the provisions in the Local Authorities Traffic orders (Exemptions for Disabled Persons)(England) Regulations 2000.

These regulations cover traffic orders which are made by each local authority under various sections of the Road Traffic Regulations Act 1984, and which lay down parking restrictions or impose parking charges.

 

The effect of the regulations is to require local authorities to include in such orders certain exemptions in favour of vehicles displaying a blue badge. This includes: allowing badge holders to park for free of charge without time limit at 'on street' parking meters and pay-and-display machines; allowing badge holders to park free of change and without time limit at 'on-street' disabled parking bays, unless signs say otherwise and allowing badge holders to park on single yellow or double yellow lines for up to three hours, unless there is a ban on loading or unloading.

 

In Havering blue badge holders not on the higher rate of disability allowance must pay to park in any council owned car park in the borough. This charge was instigated in 2007 following cabinet approval. Blue badge holders whom are not on the higher rate of disability allowance are exempt from certain 'on street' parking restrictions as noted in the attached rights and responsibilities for badge holders booklet. It may also be useful to note that privately operated car parks within Romford Town Centre also exercise charging for all blue badge holders.

 

Your comments have been noted and I trust that the above information is of assistance to you.

 

----------------------

 

 

I do not think that is enough of an explanation tbh. I read that as if you don't have disabled tax you have to pay regardless.

I was under the impression the blue badge was the exemption and was irrelevant of if you received dla/pip high rate mobility or not ???

 

I think it's discriminatory and have replied

To them on that basis. Also that by forcing people to use the free tax on a vehicle they are preventing people from using their free choice and will under the human rights act.

As they would not be able to park for free should they not be able to use the vehicle with free tax on it due to illness or breakdown. Thus would be charged even tho they are exempt.

[Michael Browne]

 

 

I read that as if you don't have disabled tax you have to pay regardless.

Correct, as stipulated in the Parking place Order above

 

I was under the impression the blue badge was the exemption and was irrelevant of if you received dla/pip high rate mobility or not ???

 

.

That's true for on-street parking, but is different for off-street council car parks.

 

Some councils charge BB holders ie the only advantage is you can park in disabled bays.

Some councils allow free parking only in car park disabled bays, but charge if you have to park in an ordinary bay, and others allow free parking no matter what type of bay.

 

So never assume, always check the ticket machine to be sure.

[2ltr16valve]

Thing is this car park is not really off street. It's the market place .... An is used as a car park when the market is not open.

 

Still do not see how they can deny it's discriminating towards blue badge holders as why should people be forced to use free tax in order to have the full exemption.

 

Further more. We wouldn't be able to park on syl or dyl as they have plastered everywhere with no loading blips as well so there is no alternate parking.

[Michael Browne]

Thing is this car park is not really off street. It's the market place .... An is used as a car park when the market is not open.

Nevertheless, it's still classified as an off-street car park on the days there is no market

 

Still do not see how they can deny it's discriminating towards blue badge holders as why should people be forced to use free tax in order to have the full exemption.

Because in car parks they are concessions at the discretion of councils, rather than statutory rights as for on-street parking.

[2ltr16valve]

Fair point.

 

What gives them the right to demand disabled taxation as well as a blue badge ? The badge is the exemption surely.

 

The only thing I can find relating to disabled taxation class is for road tolls.

[Michael Browne]

 

What gives them the right to demand disabled taxation as well as a blue badge ? The badge is the exemption surely.

 

Again, in off-street car parks there is no statutory right for BB holders to be able to park for free. It's a concession that most councils allow and is so common that people start to assume it's a right.

 

Havering, for whatever reason, have only extended that concession to BB holders with disabled tax.

[2ltr16valve]

Again, in off-street car parks there is no statutory right for BB holders to be able to park for free. It's a concession that most councils allow and is so common that people start to assume it's a right.

 

Havering, for whatever reason, have only extended that concession to BB holders with disabled tax.

 

 

But there is my point. Surely by stating users must have disabled tax is active discrimination ?

As there are a lot of discretionary blue badges issued ATM because the long backlog of pip claims. I've waited in excess of 6 months .... And will be waiting more by the looks of it.

So being given a blue badge while I am waiting because I have severe difficulties should allow me to have this concessions.

Is it right they do not allow that because I do not have disabled tax ?

I know of many people who do not have disabled tax who have high rate mobility. Some do not even drive. But should be able to use their badge in anyone's car as long as they are with them. Yes they can use the badge but still have to pay .... How is that right and not discrimination.

[Surfer01]

If a council charges you to park in a car park when displaying a BB, then park on the street displaying a BB as they cannot ticket you in most cases if parked on yellow lines. You need to check the BB handbook. Christchurch have the same restriction and I can understand why as many people abuse the BB system just to save a £1.

[JoeyJoeC]

Genuine question, sorry if it offends... but why shouldn't a disabled person pay for parking?

[Surfer01]

Genuine question, sorry if it offends... but why shouldn't a disabled person pay for parking?

 

To get a BB you need to pay £20 so I don't think we should also pay for parking. Secondly with a BB one can park on yellow lines so it is better for council to offer it for free in car parks.

[JoeyJoeC]

On busy days, would be better for them to park on yellow lines. Perhaps reduced parking costs, but don't see why it should be free.

[citizenB]

Parking in disabled bays in Lincolnshire Hospitals is no longer free - it would seem the concession now is simply that these particular bays are nearer the Hospital entrances !

[JoeyJoeC]

Hospitals should be free... not the town center.

[Surfer01]

Parking in disabled bays in Lincolnshire Hospitals is no longer free - it would seem the concession now is simply that these particular bays are nearer the Hospital entrances !

 

As the parking is controlled by a PPC you could probably fight the ticket as after all in most cases the landlord invited you onto their land to attend an appointment. What would the damages amount to?

[citizenB]

As the parking is controlled by a PPC you could probably fight the ticket as after all in most cases the landlord invited you onto their land to attend an appointment. What would the damages amount to?

 

That could be an interesting excercise, Surfer - thank you

[2ltr16valve]

Hi all.

 

I am still on at the council about this. Currently at corporate complaints stage 3.

 

Anyways. I was at the market parking area today and now have nil tax so am within their "rules"! Only, tax discs no longer exist as per they must be displayed ?? I spoke with a warden who told me If the car does not have a tax disc on display with nil ved then he will issue a ticket. Regardless. I asked how we are meant to display a disc that are no longer issued, to which he said - there should be a blue wheelchair sticker on the badge issued by the local authority. !!! Ive never seen any stickers on the new badges, in fact there is no where to stick one !

 

Their rules state you "must display ved exempt tax disc along with a valid blue badge to qualify for 2 hours free Parking"

 

Now my understanding is, their rules are not compatable with government rules now - e.g. Tax discs are no longer issued so not in existence (those still around will expire and do not have to be displayed anyway)

[2ltr16valve]

Any input