Blue Badge Must Be Honoured on NHS Land Managed by Private Operator
The Equality Act 2010 imposes a duty on service providers to make reasonable adjustments for disabled people. Where NHS land is managed by a private parking operator, the operator is providing a service and must comply with the Equality Act. Refusing to honour a Blue Badge or failing to provide adequate accessible parking is a failure to make reasonable adjustments. Any parking charge imposed on a Blue Badge holder who used the correct designated bay or had no access to a compliant bay is challengeable under both the Equality Act and NHS guidance.
Legal basis
Equality Act 2010 ss.20-21 (reasonable adjustments duty); NHS Blue Badge Scheme; Blue Badge (England) Regulations 2000
How to identify this in your case
You are a Blue Badge holder who was parked in a designated disabled bay or parked because no accessible bay was available. A private operator managing NHS car park issued a charge. The operator may have failed to recognise your Blue Badge or the designated bays may have been occupied by non-badge holders.
Sample appeal wording
I am writing to appeal parking charge [reference] on the grounds that I am a disabled Blue Badge holder. My Blue Badge details are: Badge Number: [number] Expiry Date: [date] Issuing Authority: [council] At the time of the alleged contravention, my Blue Badge was [displayed on the dashboard / I was in the process of displaying it / no suitable designated bay was available, requiring me to park in the nearest safe location]. Under the Equality Act 2010 ss.20-21, you are obliged to make reasonable adjustments for disabled people. Issuing a parking charge to a Blue Badge holder on NHS land is a failure to make such adjustments. This is potentially unlawful disability discrimination. I require immediate cancellation of this charge. If you decline, I will make a complaint under the Equality Act and report this to the NHS trust and the Equality and Human Rights Commission.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Equality Act 2010
- Blue Badge Scheme
- NHS England parking guidance