Judicial Review into High Street restrictions launched at court

Gazette: Judicial Review into High Street restrictions launched at court Judicial Review into High Street restrictions launched at court

A JUDGE has heard a legal challenge intended to prevent Essex County Council ever restoring a ban on disabled people parking on Colchester’s High Street.

Evidence from 24 disabled people who claim the removal of Blue Badge holder spaces discriminated against them was heard as part of a statutory review at the Administrative Court.

The legal move was launched by Fair Access 2 Colchester last March days after Essex County Council introduced the restriction, part of a controversial High Street car ban.

Although the trial was shelved a month later, campaigners fear it could return if the statutory review is unsuccessful.

Lead claimant Jade Hamnett instructed Unity Law to pursue the case, which was heard at the court on Wednesday.

Witness statements revealed many Blue Badge holders said they would not be able to reach much of the town centre if the parking spaces were removed.

However the judge decided the legal issues were too complex to make an immediate ruling, and reserved judgement until next month.

Comments (10)

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12:34pm Fri 31 Jan 14

pixiebell87 says...

lets hope the judge makes the right decision!!
lets hope the judge makes the right decision!! pixiebell87

4:35pm Fri 31 Jan 14

blockpaver says...

I walk past the “disabled” slots almost daily and I would say that 90% of those who park up, get out and walk off could easily walk from the car parks to the shops, this is probably reflected in the fact that only some 24 people have lodged an appeal, preusmably the 100's other other users of the slots don't care. The best one was man, I would say in his 20’s parked outside St Nicholas House, put the blue badge on the dash board, went to his boot slung his sports bag over his shoulder and walked off up the High St, not even a limp. If the owners of Blue Badges want the public support don’t allow them to be abused
I walk past the “disabled” slots almost daily and I would say that 90% of those who park up, get out and walk off could easily walk from the car parks to the shops, this is probably reflected in the fact that only some 24 people have lodged an appeal, preusmably the 100's other other users of the slots don't care. The best one was man, I would say in his 20’s parked outside St Nicholas House, put the blue badge on the dash board, went to his boot slung his sports bag over his shoulder and walked off up the High St, not even a limp. If the owners of Blue Badges want the public support don’t allow them to be abused blockpaver

6:55pm Fri 31 Jan 14

25414nora says...

I walked past some disabled slots the other day. I saw two men park up and walk away. I challenged one bloke saying, do you really deed to park there? you could be depriving a genuine disabled person the use of that bay.
The man promptly opened his coat, revealing his colostomy bag, and his carer added, The casual onlooker cant see 'prostrate disease'. The casual onlooker wont know if someone is receiving regular Dialysis treatment. The casual onlooker cant see if someone is undergoing Bladder and Bowel management. The casual onlooker wont know if a man may have received his disability while serving his country..
The moral of this story is...DONT JUMP TO CONCLUSIONS...
I walked past some disabled slots the other day. I saw two men park up and walk away. I challenged one bloke saying, do you really deed to park there? you could be depriving a genuine disabled person the use of that bay. The man promptly opened his coat, revealing his colostomy bag, and his carer added, The casual onlooker cant see 'prostrate disease'. The casual onlooker wont know if someone is receiving regular Dialysis treatment. The casual onlooker cant see if someone is undergoing Bladder and Bowel management. The casual onlooker wont know if a man may have received his disability while serving his country.. The moral of this story is...DONT JUMP TO CONCLUSIONS... 25414nora

8:04pm Fri 31 Jan 14

skenchie says...

Treat me as equal - unless I want to get one over on you.
Treat me as equal - unless I want to get one over on you. skenchie

9:26pm Fri 31 Jan 14

stevedawson says...

I would respectfully ask how wearing a colostomy bag makes you disabled?
I would respectfully ask how wearing a colostomy bag makes you disabled? stevedawson

9:58pm Fri 31 Jan 14

Hamiltonandy says...

One puzzling thing with the Blue badge system is that you do not have a picture of the disabled on the display side. It is underneath! So no one can tell if any of the car occupants is entitled to the blue badge on display.
.
The Blue Badge system has been recently tightened with mandatory checks for eligibility. So people can have more confidence that a blue badge holder meets the criteria.
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And the Blue Badge in this house is not mine but for a 101 year old relative!
One puzzling thing with the Blue badge system is that you do not have a picture of the disabled on the display side. It is underneath! So no one can tell if any of the car occupants is entitled to the blue badge on display. . The Blue Badge system has been recently tightened with mandatory checks for eligibility. So people can have more confidence that a blue badge holder meets the criteria. . And the Blue Badge in this house is not mine but for a 101 year old relative! Hamiltonandy

11:15pm Fri 31 Jan 14

25414nora says...

Neither do I have a badge, but my well informed neighbour does. He informs me the reason the photo is not displayed is for security reasons. Though a parking warden can ask a person 'about to park' to turn the badge over to check for a positive identity. Also wardens often check the serial number on the badge, and relate the number to a name address and telephone number. if the warden has the slightest doubt, he will call the number and ask to speak to the badge holder, obviously if the badge holder answers 'bingo'..
If any abuse is discovered the badge is immediately forfeited.
As usual stevedawson misses the point which is..'not so much about the actual disability' but the moral consequences of jumping to conclusions.
Neither do I have a badge, but my well informed neighbour does. He informs me the reason the photo is not displayed is for security reasons. Though a parking warden can ask a person 'about to park' to turn the badge over to check for a positive identity. Also wardens often check the serial number on the badge, and relate the number to a name address and telephone number. if the warden has the slightest doubt, he will call the number and ask to speak to the badge holder, obviously if the badge holder answers 'bingo'.. If any abuse is discovered the badge is immediately forfeited. As usual stevedawson misses the point which is..'not so much about the actual disability' but the moral consequences of jumping to conclusions. 25414nora

11:55pm Fri 31 Jan 14

Boris says...

25414nora wrote:
Neither do I have a badge, but my well informed neighbour does. He informs me the reason the photo is not displayed is for security reasons. Though a parking warden can ask a person 'about to park' to turn the badge over to check for a positive identity. Also wardens often check the serial number on the badge, and relate the number to a name address and telephone number. if the warden has the slightest doubt, he will call the number and ask to speak to the badge holder, obviously if the badge holder answers 'bingo'..
If any abuse is discovered the badge is immediately forfeited.
As usual stevedawson misses the point which is..'not so much about the actual disability' but the moral consequences of jumping to conclusions.
Agreed we should not jump to conclusions, but yoiu have not answered Steve's point, which was "I would respectfully ask how wearing a colostomy bag makes you disabled?"
The point is that some people with colostomy bags can walk perfectly well, while others can't. Likewise people who have to go for dialysis. A friend of mine has dialysis three times per week, but she is able to walk comfortably.
Read what blockpaver wrote. Maybe someone in the young man's family has a blue badge, maybe he was on his way to collect a disabled person. But maybe he wasn't. Holders of blue badges should not allow their drivers to use their badges for other purposes.
[quote][p][bold]25414nora[/bold] wrote: Neither do I have a badge, but my well informed neighbour does. He informs me the reason the photo is not displayed is for security reasons. Though a parking warden can ask a person 'about to park' to turn the badge over to check for a positive identity. Also wardens often check the serial number on the badge, and relate the number to a name address and telephone number. if the warden has the slightest doubt, he will call the number and ask to speak to the badge holder, obviously if the badge holder answers 'bingo'.. If any abuse is discovered the badge is immediately forfeited. As usual stevedawson misses the point which is..'not so much about the actual disability' but the moral consequences of jumping to conclusions.[/p][/quote]Agreed we should not jump to conclusions, but yoiu have not answered Steve's point, which was "I would respectfully ask how wearing a colostomy bag makes you disabled?" The point is that some people with colostomy bags can walk perfectly well, while others can't. Likewise people who have to go for dialysis. A friend of mine has dialysis three times per week, but she is able to walk comfortably. Read what blockpaver wrote. Maybe someone in the young man's family has a blue badge, maybe he was on his way to collect a disabled person. But maybe he wasn't. Holders of blue badges should not allow their drivers to use their badges for other purposes. Boris

5:15pm Sat 1 Feb 14

jazabelle says...

Blue Badge holders hate fraudulent use of badges more than anyone else. Don't forget it's people who are NOT disabled who are abusing the system. Officials can ask to see the photo, and the vast majority of genuine blue badge holders would very much welcome this.

As mentioned above - the process of getting a badge has tightened and it's much harder now.

What no one can ever explain to me - if a small percentage of non-disabled people are abusing the system, so why should the majority of genuinely disabled people be published, and have access blocked?

Also "equality" does not mean treating people exactly the same. It's a very common misconception. It means putting adjustments in place that allow people to access facilities as others would. So a parking space close by is treating them differently - but it's the act of being close to the shops therefore allowing access that gives equality. It is NOT a leg up.
Blue Badge holders hate fraudulent use of badges more than anyone else. Don't forget it's people who are NOT disabled who are abusing the system. Officials can ask to see the photo, and the vast majority of genuine blue badge holders would very much welcome this. As mentioned above - the process of getting a badge has tightened and it's much harder now. What no one can ever explain to me - if a small percentage of non-disabled people are abusing the system, so why should the majority of genuinely disabled people be published, and have access blocked? Also "equality" does not mean treating people exactly the same. It's a very common misconception. It means putting adjustments in place that allow people to access facilities as others would. So a parking space close by is treating them differently - but it's the act of being close to the shops therefore allowing access that gives equality. It is NOT a leg up. jazabelle

6:27pm Sat 1 Feb 14

Hamiltonandy says...

Agree with "jazzabelle" saying "equality means putting adjustments in place so disabled people can access facilities equally". The misuse of Blue Badges would be stamped out if a picture was shown. I cannot see any reason to object and would enable any disabled person to be confident no one would challenge them. People don't walk around with masks and there is no security problem if you see their face. If I thought putting photo transfers of my face on my car would deter auto theft I would do it!
Agree with "jazzabelle" saying "equality means putting adjustments in place so disabled people can access facilities equally". The misuse of Blue Badges would be stamped out if a picture was shown. I cannot see any reason to object and would enable any disabled person to be confident no one would challenge them. People don't walk around with masks and there is no security problem if you see their face. If I thought putting photo transfers of my face on my car would deter auto theft I would do it! Hamiltonandy

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