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  1. Following on from a few threads on MSE, and Pepipoo, where one poster has been very keen for posters to start claims against PPC's using the Equality Act, if they use a requirement to display a blue badge. The argument has been the Equality Act applies to motorists, and "reasonable adjustment" should be made, and very little if any proof is required of any disability, let alone a blue badge, so the PPC is acting unlawfully to the Act. The Equality Act obviously does apply, but another poster asked the question, why can the council insist on a blue badge, if no-one else can, as the Equality Act applies to them in the same way. Are they also acting unlawfully? The MSE/Pepipoo poster hasn't made their views known on this one, so the other poster has questioned ref the Congestion Charge, and Westminster Council directly about it. To quote "I have a War Disability Pension which proves the point of my being disabled, so would a ticket for use of a disabled bay on the high street without displaying a blue badge be classed as discriminatory, or is it the case that an appeal based on an actual disability without having a badge be likely to win an appeal?" And the answer "Thank you for contacting Westminster City Council regarding disabled parking. I understand from your email that you do not currently hold a Blue Badge but believe you are entitled to the same benefits when parking on street. While I appreciate your opinion on this matter, I would advise that this is not the case. In order to gain the concessions available for disabled drivers a Blue Badge must be displayed in the vehicle. You have referred me to section 6 of the Equality Act 2010, which defines a disabled person but does not make provisions for their rights to parking concessions. As a disabled person you have the right to apply for and hold a Blue Badge, local authorities will not be required to grant you parking concessions if you choose not to exercise that right." As the poster commented "So as far they're concerned only a blue badge holder can be disabled????? " Who's right then? The councils, and what's to stop PPCs using the same defence, or are all the councils breaking the Equality Act? I know the blue badge scheme applied to councils, but it cannot give them any right to break the law, ie the Equality Act, or if they're not, why can't PPC's use the same get out. The Equality Act applied equally to all here. I wonder if we'll be seeing lba to councils for discrimination? One to watch I think. http://forums.pepipoo.com/index.php?showtopic=78206&pid=811127&st=140entry811127
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