Shropshire Council’s offer of a concession may have been because of threats of a legal challenge …

Shropshire Disability Network have received the following information relating to the decision by Shropshire Council to temporaily extend an offer of an extra hour’s parking to blue badge holders.   This information, posted below, will be of interest to anyone wishing respond to the Blue Badge Consultation invitation which is featured on the front page of our website. 

To Shropshire Disability Network:

“I note  that on your website you have an article entitled:- “Great news for Blue Badge Holders - Shropshire Council gives you an extra hour of free parking whilst it runs a consultation on the scheme. We would like to think its because of the discussion we had at the Hardest Hit Debate on Monday, but this decision has been arrived at independently so we take no credit for it.”  

I don’t know if you were part of the original consultation process with Shropshire Council (SCC) last year when the proposed introduction of parking charges was sanctioned to be introduced from 1st April 2011 or not. Your comments about the extra hour for disabled blue badge holders seem to indicate that you are not aware of the reasons why this concession has happened so I thought you may like to have some background details about this decision. (Sorry it is so long!). 

On 5th April 2011, when I first became aware of these new parking charges, I contacted SCC to ascertain how they had reached this decision and what, if any, consideration had been given to the new Equality Act 2010 which came into force in October 2010. The response from SCC was that as they had, for many years, been charging blue badge holders for off street parking in some towns they were just expanding this to all other off street car parks in their area and presumed that this was acceptable. 

I informed SCC that in fact it was NOT acceptable as under the terms of the Equality Act it would be unlawful to treat able bodied and disabled drivers in the same way which is what SCC had done by charging both groups the same parking fees. I informed SCC that successful legal challenges had been taken against both Lincoln and also Norwich councils for a similar charging scheme to that imposed by SCC. The Norwich case was brought by DISABLED MOTORING UK’s Policy and Campaign Director, Helen Dolphin, and four other disabled drivers with Norwich Council having to pay all legal costs plus a four figure compensation payment to each of the five litigants. 

Here is an extract from Helen’s e-mail regarding the Norwich/Lincoln cases and SCC charges:- “For the majority of people with a disability shopping takes considerably longer. Therefore why should disabled people effectively have to pay more? The answer is they shouldn’t and this is why so far two councils – Lincoln and Norwich have had to change their parking charging policies to allow disabled people twice the amount of time for the same parking fee. These councils both met with legal challenges under the Equality Act 2010 from disabled people who felt it was wrong that they were being charged the same as someone who did not have mobility problems”.

 I would add to Helen’s comments that since losing their legal cases both Norwich and Lincoln now offer much more than the extra hour currently offered by SCC!  Both myself and Helen have had a large number of e-mail’s to/from SCC and also phone conversations, including one e-mail from myself on 21st April, informing SCC that a legal challenge was now being considered under the Equality Act 2010. I was asked by SCC to delay any such challenge while they reconsidered the implications of the Lincoln and Norwich legal cases so I have not, as yet, proceeded with such a challenge which DISABLED MOTORING UK would assist me with. 

The extra hour parking concession your article mentions is because SCC have known since April 2011 that they had NOT taken into account their legal obligations under the Equality Act 2010 and that some concessions to disabled drivers would have to be made or they would face a legal challenge which they would lose and probably have to pay the legal costs of any/all parties to that challenge.

 Long though this e-mail is it only gives a summary of all the communications with SCC between myself and Helen and I would take this opportunity to mention that I was assured, during a phone conversation with the person at SCC involved in this issue way back in April/May, that SCC had told their car park enforcement officers NOT to issue penalty notices to blue badge holders as the current charging schemes legality was being questioned. If you require more details of the background to the SCC’s stance on this matter to date I shall be pleased to provide copies of any e-mails.”

 Patrick McDermott
14 Wordsworth Drive
MARKET DRAYTON
Shropshire
TF9 1ND

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