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Author Topic: More DISABLED stuff.  (Read 2573 times)

w3526602

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More DISABLED stuff.
« on: February 19, 2022, 06:04:50 AM »

Hi,

A disabled parking bay should be 3.6m wide, by 4.8m wide. Just thought you'd like to know that.

It seems that you don't need to have a blue badge to use a disabled parking bay.

Now it gets tedious, but if it applies to you, read on ...

Disabled bays and blue badges

Most car parks provide disabled bays to meet the requirement in the Equality Act 2010 to provide ‘reasonable adjustments’ to those who fit the lawful definition of disability. That means the person has the lawful right to park there if they have a long-term disability and they have the need for a disabled bay (e.g. because it is wider, nearer the shops). For council-owned car parks and public roads, the blue badge scheme is run to enable holders to show that they have certain parking rights. However, the blue badge scheme does not apply on private land.

Often private car parks have signs demanding drivers display a blue badge when using the disabled parking bays, or risk getting a parking ticket. However, just because someone does not hold (or does not display) a blue badge does not mean they are not disabled; the Equality Act does not require the driver to display any sort of badge or permit. Anyone who fits the lawful definition of disability is entitled to make use of the ‘reasonable adjustments’. What they are in effect doing is adding arbitrary rules to the lawful right of someone to use a ‘reasonable adjustment’, and this could be considered a breach of the Equality Act.

It should be noted that this does not mean that you should not display a blue badge if you have one. Clearly, if you were to hold one, it would assist all parties by displaying it. But what is wrong is that parking companies include terms and conditions requiring you to display one as a contractual term for using a disabled bay; they have a duty of reasonable adjustment to disabled persons.

At Parking Cowboys we hear of people being issued parking tickets for not displaying blue badges; either because they have forgotten to display them, or because they do not have one. So what should do? The simple answer is to tell the parking attendant, or appeal stating that you have a legal right to use the space, and provide any evidence you may have. At that point, the parking company should not pursue the charge since it would then be disability discrimination under the Equality Act. In short, don’t stand for such behaviour. If you are registered disabled and you are unfairly issued a parking ticket then fight back!

The BPA Code of Practice makes an explicit statement about Blue Badges:

16.5) If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices
Now, since most car parks will have a concession for disabled people (e.g. disabled parking bays), then this would appear to be a very strong point of appeal. If your car is displaying a blue badge then you should be able to make this point in your appeal to get any parking charge from a BPA member cancelled. For example, if you receive a ticket for overstaying the maximum free time then in your appeal you should state that you have a blue badge and that the BPA code of practice requires that the operator does not issue parking charge notices against that vehicle.

Update October 2013 – Disabled motorist beats parking company in court in blue badge case

In this case reported on PePiPoo, a particularly brave disabled motorist fought back against Excel Parking. In short he was ticketed for not displaying his blue badge, despite being able to show it to the parking attendant when he returned to his vehicle. Excel refused to cancel his ticket, as did POPLA, the ‘independent appeals service’. Excel then took him to court to enforce the ticket, but lost. The judge ruled that since the motorist was registered disabled, the parking company should have made reasonable adjustments. Hopefully others can benefit from this case by showing a) giving others the confidence to stand up for themselves in similar circumstances, and b) cite this in their appeals and court cases.

If you need further help in a case such as this, try one of our recommended forums.

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Wittsend

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Re: More DISABLED stuff.
« Reply #1 on: February 20, 2022, 07:17:17 PM »

OK

So does the blue badge parking bay measurements include the lines ?

And how wide must the lines be ?
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w3526602

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Re: More DISABLED stuff.
« Reply #2 on: February 23, 2022, 07:25:39 AM »

Hi Alan,

Quick answer, i don't know, but I'll investigate. At a guess, I'd say that all white lines must be the same width, including "double yellows". If I had to guess, I'd say the same width as a 4" paint brush.

602 type suggestion ... everybody should park with their wheel ON to right hand white line, when viewed from standing facing the parking bay. That would give maximum space between all cars.

Disabled bays should be the same width as Mother and Child. Or maybe there should be two widths for disabled and M&C, as some need wheels and some don't.

I once watched a mother, park opposite the school gates, in a narrow high street, unload her three infants from the O/S rear door ... into the traffic.

I also once passed a school, where the playground appeared to double as the teacher's car park.

A couple of weeks ago, I had cause to drive into Two Mile Ash, at "Child Release Time". Long One Way system round the village, just enough room to pass parked cars.  Keep driving round until you see a car wanting to get out. Chaos! Never again!

602
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w3526602

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Re: More DISABLED stuff.
« Reply #3 on: February 23, 2022, 09:05:04 AM »

Hi,

WIDTH OF DISABLED PARKNG BAYS?  Google produces lots of slightly different answers, ranging from about two metres to about 3 metres. I say about, coz i didn't take notes while browsing. The widest of those figures includes a cross-hatched strip to allow a wheelchair to be parked alongside the appropriate door ... hopefully on both sides, so serving two vehicles, giving wheelchair access on both sides for both vehicles.

Visions of two wheel-chair users jousting with crutches, because one wants his driver's door, and the other wants the passenger door.  OK, joking about a serious subject, but I bet you will never forget what you just visualised.

Why are wheelchairs never equipped with a rifle crutch/walking stick holster?

I "invented" a wheel chair with an elevating seat, so that the passenger could avoid being "talked over". On our last visit to France, I saw several such wheelchairs parked behind a supermarket --- all made out of bright yellow plastic.  ???

602
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w3526602

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Re: More DISABLED stuff.
« Reply #4 on: April 04, 2022, 10:18:35 AM »

Hi,

Change of subject, but still related.

You can have a NEW Motability deal, over age 65, IF ....

https://www.motaclarity.co.uk/news/is-there-an-age-limit-for-motability

I hope that helps somebody. Don't be proud, and delay applying for the relevant benefits.

602
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w3526602

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Re: More DISABLED stuff.
« Reply #5 on: April 04, 2022, 10:54:23 AM »

Hi,

Further to the above, I just searched for CARER'S ALLOWNCE   £67.60 per week, which might be worth "selling my soul" for. 

Barbara might not need me 24/7 ... or she might.

I am at home all the time apart from taking Wilkie to his walker, after lunch (sometimes diverting to fill the car) and nipping down to buy the papers (Mail and Telegraph) and a LOTTO ticket on Saturday mornings. I can't actually claim to do much, other than be there, although the events of the last few days (2 ambulances and 2 fire engines) could have been much worse had I been away from home, even for an hour.

Last week she fell while transferring out of her power-chair, ended up-side-down in the armchair, unable to do anything (which probably would have prevented her hitting the panic button) Since then, she has bought a panic button, and has agreed to move into an "Assisted Living" flat, nearer to our daughter, where I assume we will have to behave in a "civilised" manner ...nowhere to keep my tools, one parking bay, although there is visitor accomodation.

On one of her "shouts", the ambulance operator was talking about a 6 hour wait.

602

PS. The price of Dacia Dusters is getting silly.
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Noddy

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Re: More DISABLED stuff.
« Reply #6 on: April 04, 2022, 04:14:44 PM »

If you are in receipt of a pension from the Government then although you may qualify for a Carer's Allowance they won't pay you one, their rules. Barbara could qualify for Attendance Allowance which is not means tested.

Alec
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w3526602

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Re: More DISABLED stuff.
« Reply #7 on: April 04, 2022, 07:26:28 PM »

Hi Noddy,

Thanks for that ... I wonder why it's not mentioned anywhere?

I get nothing for 9 years in the RAF, apart from a couple of "beer tokens" to pin on my left breast, and another from the Malaysian Prime Minister topin on my right breast.

HMG has been paying me half the normal pension (which means a quarter of the EO salary I'd be receiving if I was still working) I think it works out at 1/22 of salary, times years in service. I took a Medical Retirement in 1985.

Barbara gets half the normal HEO salary, but that was because she kept resigning to accompany me to Malaya, and produce a couple of sprogs, all spread over several year. I don't know how many Civil Servants have been RE-INSTATED ... twice. She passed a promotion board to SEO, which would have increased her pension, but the Director of DVLC "directed" that she should represent the Department as the delegate to a deputy \p
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w3526602

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Re: More DISABLED stuff.
« Reply #8 on: April 04, 2022, 07:39:07 PM »

Hi Noddy,

Thanks for that ... I wonder why it's not mentioned anywhere?

I get nothing for 9 years in the RAF, apart from a couple of "beer tokens" to pin on my left breast, and another from the Malaysian Prime Minister topin on my right breast.

HMG has been paying me half the normal pension (which means a quarter of the EO salary I'd be receiving if I was still working) I think it works out at 1/22 of salary, times years in service. I took a Medical Retirement in 1985.

Barbara gets half the normal HEO salary, but that was because she kept resigning to accompany me to Malaya, and produce a couple of sprogs, all spread over several year. I don't know how many Civil Servants have been RE-INSTATED ... twice. She passed a promotion board to SEO, which would have increased her pension, but the Director of DVLC "directed" that she should represent the Department as the delegate to a Deputy Prime Minister's (John Prescott) Task Force, retaining her present grade and Pay Scale. Probably not a good idea to argue. Whatever, she managed to save quite a bit from her "expenses".

She had previously met JP at Swansea Station, and entertained him with a tour of DVLC, etc.

She met a Sec of State for Transport at the station on another occasion, and was immediately ordered to take him to the helicopter that was waiting on the heli-pad on the roof of Morriston Hospital. You may remember that a boat that sank at Milford Haven?  Barbara was impressed by the number of Senior Consultants who could get to the roof in time for the photo-shoot. Life was never dull in the Swansea Valley.

602
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w3526602

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Re: More DISABLED stuff.
« Reply #9 on: April 10, 2022, 08:10:31 AM »

Hi,

Sort of update ...

Barbara is still in hospital, not being told anything, but occasionally being examined,. She has been told she will be there for another three weeks, but I'm not sure from when. That may be so they can adapt the house for her needs.

Social Services visited on Friday, to measure the bungalow for a bed hoist, so maybe somebody has rattled their cage.

I'm still looking at the McCartney & Stone Assisted Living apartments, but haven't been to see them in the flesh ... the nearest are only a couple of miles away, and nearer to our daughters. There is about £100,000 difference between the two and three bedroom apartment, but I don't know why. I will need to investigate ... I mean that would buy a couple or three Defenders.  I assume we've all heard the story of the Irish lorry driver who helped a witch to change her punctured tyre?

Although they accept pets, there seems to be no grassy knolls. 

If they could adapt our bathroom (potential space for bath, basin, bog, bidet, and gentleman's scatter-can , and a wheel in shower bay (not a cubicle).

Scatter-can? Have you ca;culated the cost of flushing?

602
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w3526602

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Re: More DISABLED stuff.
« Reply #10 on: April 11, 2022, 04:35:06 AM »

Hi,

A hoist to lift Barbara into bed is arriving soon. I have a sneaky suspicion that might be the first move towards halving her Attendance Allowance ... at present, I have to lift her feet up onto the bed.

But many of her falls have been when making a middle of the night visit, and falling between her chariot and the porcelain throne. Normally, I'm not involved until she is back beside the bed.  So they will need to hang a gantry over the WC, and perhaps arguably, over the sunken shower area.

Disability Facilities Grants are funded by the Local Authority. I suspect the bed hoist is being funded by the NHS/b]  who are also responsible for facilities for disabled people. It certainly looks like the hoist is inspired by the hospital, who will not discharge her until the hoist is in place ... they are talking about another three weeks.

602
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w3526602

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Re: Oxford’s ZEZ
« Reply #11 on: April 12, 2022, 10:53:48 AM »

PS,

Ah! I was hoping not to have to buy electric just yet.  On the other hand, there is the VAT FREENESS, for the disabled.

I wonder if McCartney and Stone apartments (Google) have charging points. ??? (Our daughter wants us to have a clued-up Warden in attendance).

602
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w3526602

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Re: Re: Oxford’s ZEZ
« Reply #12 on: April 12, 2022, 11:09:32 AM »

Hi,

So I phoned McCartney Stone ... some of their developments have car charging points, but not the development which interests me.

But as it's less than a mile from my daughter, maybe I need two cars, and swap them over every couple of days.  :stars

The bloke on the phone was not as chatty as the lady yesterday, but seemed to be implying that THEY do not provide charging points, but WE could provide our own. Not a problem, provided the infrastructure is in place. I will discuss it with somebody who wants to be more helpful.
 
602
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w3526602

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Re: More DISABLED stuff.
« Reply #13 on: April 16, 2022, 06:57:04 AM »

Hi,

Forget McCartney & Stone apartments ... We can't afford the overheads and potential Capital Loss.

I phoned Barbara yesterday ... she will be remaining in hospital until they sort out a bed with a gantry. A phone call from "Whoever", a couple of days ago, was asking about access room in the drive, which isn't a problem, room to reverse a Transit up to the front door. So maybe soon.  I suspect that the difference in attitude is down to Local Health Authority verses Local Authority.  It seems that both our income and savings preclude us from any Disabled Facilities Grant (DFG) in excess of £1.000. DFGs below £1,000 are not Means Tested ... and you can keep going back for more.

Visiting Barbara is not easy, the multi-storey is a "compass and pack-rations" walk from Barbara's sick-bed. My knees hurt, so a friendly lady bank manager drives me there, and pushes my wheelchair. My daughter doesn't drive ... and doesn't leave the "office" the phone while I eat my lunch, which she prepares earlier, and my grandson takes Wilkie for his daily walk. (£5 a day, five days a week). Daughter takes him on Saturdays ... she will get her reward when we are in Heaven.

I phoned Barbara yesterday. She sounded perky, for the first time since being admitted.

Questions.  We have two cars, my Freelander 2.0 diesel, and Barbara's Hyundai IX20 (which I only recently realised has a1.6 petrol engine (makes road smoke when exiting roundabouts). I have no idea what the "fixed overheads" (VED and Insurance) cost, but unlikely to be a "mere bagatelle". 

Which way should I jump?

I suspect that it would be sensible to use PCP to buy our next car (can't justify two cars, anyway, but need space for five sturdy adults, Wilkie, and a wheel chair ... and a towball would be useful. We would like to visit friends in Swansea a couple of times a year, but most houses are not equipped to deal with wheel-chairs (don't have downstairs WCS with plenty of elbow room, and ramp into front door), which makes a Travel Lodge in a suitable location, the best option, apart from the cost (which is manageable) But do Travel Lodges allow guests?  OK, I can ask them.

Can anybody forecast when liquid fuel will become "difficult", with IC/CI cars will becoming worthless?  Is there yet still time to buy a conventional car. and be able to afford to write it off, as and when, without retaining the debt. Hence PCP ... let the Bean Counters do the sums.

Barbara recently phoned the local Hyundai dealer, to ask about an adapted car. Curt reply "CONTACT MOTABILITY!"  Barbara's reaction was "Well, they have lost a customer!"

But is she being unfair?  Is it possible to obtain a MOTABILITY vehicle, when not receiving Mobility Allowance, but instead, funding the cost of MOTABILITY from her own pocket?

602

PS

IC = Internal Combustion.

CI = Compression Ignition.
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w3526602

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Re: More DISABLED stuff.
« Reply #14 on: April 16, 2022, 07:19:55 AM »

Hi,

The answer to my question about eligibility for MOTABILITY, at end of my previous mail, is, apparently not.

https://www.motability.co.uk/about/check-your-eligibility/

Could the requirement for being in receipt of the specified benefits, which are not available to new applicants (for those benefits), but are still available to those who were receiving them before they were 65, be regarded as AGE DISCRIMINATION?

Is MOTABILITY funded from the Public Purse, or is it a private organisation?

If MOTABILITY is not self-funding, then Barbara and I are paying for benefits for others to "enjoy", despite being precluded from receiving them ourselves, even though our need may be greater.

Hmmm! Do I feel a General Election coming on? That may concentrate a few minds.

602
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