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Disabled Woman Fined More Than £1,000 For Parking In Disabled Spot

July 15, 2022

A disabled woman faces fines of more than £1,000 for using a disabled car parking space outside her flat.

Cerys Gemma, who lives in Cardiff Bay, said the space allocated to her flat is inaccessible for her.

Instead, she has been using one of the parking spaces reserved for visitors with disabilities.

New Generation Parking Management, which manages the bays said the spaces have to be kept free for disabled visitors, not residents.

34-year-old Ms Gemma, said she cannot use the space allocated to her waterside flat in Prospect Place.

She explained that there is a pillar on one side, and another car parking space close on the other side.

Ms Gemma said she had been in contact with the property management and parking companies, trying to explain why she needed to use a wheelchair accessible space.

“This has plagued me for two years and I just can’t go on like this.

“I’m at breaking point and I’ve had conversations with people, and I’ve said this is the end, because I can’t do this anymore – something has to change.

“I’m not willing to be pushed out of my home because I’m in a wheelchair,” she said.

Ms Gemma has now been ordered to pay the fines by the County Court.

‘Breach of Equality Act’

Cerys Gemma has been using a wheelchair since sustaining serious spinal injuries following a car accident when she was 17.

She said the situation with the fines was now “desperate” and she is seeing a counsellor.

“It’s hard enough anyway, and I try and be as graceful and patient with people who don’t have accessible buildings, and I understand that it’s hard, but I’m not being pushed out of my home because of a parking space when they’ve got eight accessible bays,” she added.

Disability rights lawyer Chris Fry, from legal firm Scott Montcrieff & Associates said there is an obligation to make reasonable adjustments under the Equality Act.

“The reality is that if the space allocated to her is inaccessible to her because of her disability, then they’re under obligation to make a reasonable adjustment, to maybe move that space or change it to a closer spot to the front door.

“If they don’t, they’re in breach of the Equality Act.”

Mr Fry said a breach of the act could result in a company having to pay compensation for “impact of the injury to feelings that the tenant has faced”, and that could mean fines of more than £1,000.

New Generation Parking Mangement, which manages the bays for the property management firm Ringley Group said: “We want to make clear, if we allow one resident to utilise a disabled visitor space as their own, we would need to allow all requests from residents, which we have received over the years.

“This would no doubt reduce the availability of disabled spaces for disabled visitors.”

Mr Fry thinks the firm may have misunderstood the Equality Act.

“That sounds like a typical misinterpretation of what equality means, it doesn’t mean applying the same policy to everybody – equality means providing the same opportunity for outcomes.

“There is no disadvantage to them changing their policy, and prioritising, in fact legally, prioritising disabled people above other people is legal.

“It is within their gift to cancel those fines, that should be the first step they should take in terms of trying to rebuild the relationship,” he said.

‘Live happily’

New Generation Parking Management said they were simply enforcing the rules to which Prospect Place agreed to when they were instructed to manage the site.

It said: “We cannot make changes to these rules unless agreed by the board of directors, therefore in light of the continued distress that this is causing Ms Gemma we will take steps to ensure this is discussed at the next board meeting”.

Ms Gemma said she simply wants to be able to live happily in her flat with the knowledge that she is able to park in an accessible space without the worry of more fines.

“Literally every day when I come down to my car I think ‘here we go, is there going to be another ticket?’, and it’s awful”.

Ringley Group have not responded to the BBC’s request for a comment.

2 Comments leave one →
  1. Kate Joseph permalink
    July 15, 2022 10:47 am

    How awful ….I think the lawyer will help her get the accessible parking place that is needed.Surely they could just swap her allocated one for one of the nearby spaces that is accessible this leaving hers free for visitors? Not hard to make reasonable adjustments under the equality really is it! Goodluck to you x

  2. July 21, 2022 2:09 pm

    Here we have equality legislation being used in a way to discriminate against a disabled person maybe due to a misunderstanding, but also by the required persons or organisations not listening and maybe not wishing to listen.

    We have the County Court, New Generation Parking Management and the Board of Directors of Ringley Group. With the County Court they should be looking at all the relevant legislation, including the Equality Act and also whether the Disabled Parking Bays do follow any legal requirements.

    New Generation Parking Management need to look at the Equality Act and fully understand it, especially around reasonable adjustments, which they appear to not have considered. Also, why after some 2 years has the problem not been already brought to the Board of Directors of the Ringley Group, so why has New Generation Parking Management been negligent on this, but going for what they feel is the easy option of imposing fines on Cerys Gemma.

    It should be the responsibility of, initially, the Board of Directors of the Ringley Group and then as the agents New Generation Parking Management to ensure the rights of all their residents are respected and this means understanding all relevant legislation and not to cause their residents, especially Cerys Gemma unreasonable distress and that is against the Disability Discrimination Rights of Cerys Gemma. Cerys appears to have a great case of being discriminated against by both New Generation Parking Management and the Board of Directors of the Ringley Group and misunderstanding of and not knowing of their obligations as to equality is no legal excuse.

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