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Thread: Local Authorities Blue Badge Discount on Garage spaces and policies

  1. #1

    Local Authorities Blue Badge Discount on Garage spaces and policies

    Hello,

    I haven't been on the forum for some time, but I need some help.

    My mother lives at a different address to me and has a garage space, that I use and she also is a part time carer, I regularly visit her,
    And about 17 years ago whilst I was at the same address we got a blue badge discount on the parking space that reduced it by half.

    Even though I have moved some 10 years ago, I was still paying for the garage space with my blue badge discount and I had sole use of it, even though the license holder for the garage was my mother’s address,

    Now some 16 years later the LA has asked for a copy of the blue badge and I provided this, and then they did some background checks, and state that as I am at a different address I they cannot get the discount and that am the policy.

    What are my rights? Is this policy discriminating "the blue badge holder needs to be registered to the same address?"
    Is there any guidance of this and if LA have to make reasonable adjustments to policies?

    Thanks you

  2. #2
    Senior Member nukecad's Avatar
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    Sorry if you don't like this but I would have thought it pretty clear.

    It is the person who holds the licence for the garage, at their address, who is entitled to the discount if there is a BB holder living at that address.
    Your BB is not registered at that address, you are not living at the address, and so you are not entitled to the discount.

    Why would you think that this would be discrimination?

    In fact I would check that you are entitled to use the garage space at all.
    It will depend what the lease for the garage space says about visitors.

    Often garage space can be at a premium, and so the lease is worded to make sure that it is being used by a local resident, and not being sub-let at a high profit to someone who wants to park up whilst at work.
    In some cases the lease will form part of the rental agreement for the property, and will state that it can only be used by the occupant(s) of that property.

    TBH they would be quite within their rights to demand that you pay back the discount you have been getting for the last 10 years when you were not living there and so were not entitled to claim the discount.

    If your mother had her own BB then that would be different and she could claim the discount.
    Last edited by nukecad; 15-04-17 at 13:07.
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  3. #3
    Quote Originally Posted by nukecad View Post
    Sorry if you don't like this but I would have thought it pretty clear.

    It is the person who holds the licence for the garage, at their address, who is entitled to the discount if there is a BB holder living at that address.
    Your BB is not registered at that address, you are not living at the address, and so you are not entitled to the discount.

    Why would you think that this would be discrimination?

    In fact I would check that you are entitled to use the garage space at all.
    It will depend what the lease for the garage space says about visitors.

    Often garage space can be at a premium, and so the lease is worded to make sure that it is being used by a local resident, and not being sub-let at a high profit to someone who wants to park up whilst at work.
    In some cases the lease will form part of the rental agreement for the property, and will state that it can only be used by the occupant(s) of that property.

    TBH they would be quite within their rights to demand that you pay back the discount you have been getting for the last 10 years when you were not living there and so were not entitled to claim the discount.

    If your mother had her own BB then that would be different and she could claim the discount.
    Thanks for the quick reply,

    I was living at my mothers as she was is a carer and this discount was put on the garage as I park my car in there.

    The lease is not part of the house lease, it is separate.

    people live elsewhere too and get a garage space even if they do not live close to the garage.

    How is this SUBLETTING, I am the one who has use of the garage and only me and I pay for this and have paid all this time.

    I was the one who got the discount applied and I was using at the time and I still am so there is no change the only change is I moved property which is close by. But my usage of the garage has not change and why should the discount change.

    If anything the LA should have wriiten to me sooner and I could have told them that I have moved and they could have told me their position on this at that time.

    The discrimination I am talking about is the 'POLICY' that only poeople at the address who have a blue badge registered at the same address get the discount. Surely although it is a policy they can make a resonable adjustment to it, as I am a disabled blue badge holder with a disability and my mother is a carer and I use the garage and I pay for it.

    And I am a local resident in the SAME Borough.

    And not being used for me to park whilst I go to work - Because I cannot work.

    The garage is nothing to do with the property lease,

    The other point is that -
    TBH they should have asked for my blue badge every year if they wanted check and this would have allowed for me to argue my case when they disagreed. So why should I be charged back dated when they should do their job properly!
    Last edited by toweruk; 15-04-17 at 13:22.

  4. #4
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    if the license holder is your Mum but the blue badge yours, and you live a different address then it is almost certainly subletting

    It's not discriminatory it's a sensible policy. Otherwise imagine the scenario where my mate lives own the road, and is also my carer, recieves carers allowance for me too. ok that bit was true, but hypothetically imagine, he has a garage space, I have a blue badge, by using my blue badge he can reduce his garage rent by half ...

    see why they object?

  5. #5
    Senior Member nukecad's Avatar
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    Well realy it was up to you to tell them of a change of circumstances when you moved out.
    If you had done that then you could probably have changed the address on the garage lease at the time.
    Did you not have to renew the lease every few years?

    From what you say though, there would seem to be a simple solution.

    As you live nearby in the same borough, the garages are not tied to the property lease, and you have been paying anyway, then can you not get the lease for the garage transfered to yourself at your property?

    Then it would be leased from your address and your BB at the same address would entitle you to the discount.

    And no, sorry but I still don't see this policy as discriminatory.
    Given the difference in addresses it's quite reasonable.
    (Otherwise what's to stop someone having multiple garages at different addresses, all using one BB to get a discount).
    Last edited by nukecad; 15-04-17 at 14:05.
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  6. #6
    No dont renew the lease, we are renting the garage from the LA,

    I get what you are saying about blue badge and mutiple garages, but my point is the discount has been on there and I have sole use of it, and I guess when I moved I should have transfered it if that was possible I dont know. But still as my mother is still a carer i need to park my car there when Im there, and I have sole use of it the garage

    But I am not sure if anyone is familiar with the equality act and reasonable adjustments? who can give me some advice on policy and guidance around parking garages

    I don't think 17 years ago they had this policy, and when we signed the paperwork to rent the garage, in my mothers name, and the blue badge was in my name they were ok with it then?

    In fact back then I had my own place and the blue badge was registered my my own address and my mother was a carer for me.
    Last edited by toweruk; 16-04-17 at 14:56.

  7. #7
    Senior Member nukecad's Avatar
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    You have got me a bit confused, at first you said that your mother was a carer and now you say that you are her carer?

    Still that does not realy matter.
    The discount applies if there is a BB holder at the same address as the garage lease holder, simple as that.
    If there is no BB holder living at that address then no discount applies.

    The discount is a extra 'perk' that applies in certain, clearly stated, conditions. (Same address).
    You don't currently meet those conditions, so you don't qualify for the discount.

    You could say that the discount is a 'Reasonable adjustments' in itself, but only if you fit the qualifications.
    They don't have to offer it at all,
    Take London boroughs for an example- Hammersmith & Fulham give 25% discount on garage rental for a BB holder, Islington give BB holders priority for a garage but no discount, many councils don't offer any 'perks' at all for BB holders renting a garage.

    You have wrongly been claiming this discount for 10 years when you didnt fit the criteria.

    If the LA wanted to make an issue of this they could say that you had fraudulently been claiming the discount, because you should have notified then when you moved out, and certainly should not have kept claiming the discount once you had moved out.
    Like I said above, they would be entitled to ask you to pay 10 years of discount back.

    Again; get the garage lease transfered to your address if you can, and then your BB would entitle you to the discount.

    Another thought occurs;
    If you are caring for your mother then can she qualify for a BB in her own right?
    That would mean she could claim the discount in her own right.
    (You could still pay the rent for the garage, the LA won't bother about who pays).
    Last edited by nukecad; 16-04-17 at 12:23.
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  8. #8
    Quote Originally Posted by nukecad View Post
    You have got me a bit confused, at first you said that your mother was a carer and now you say that you are her carer?

    Still that does not realy matter.
    The discount applies if there is a BB holder at the same address as the garage lease holder, simple as that.
    If there is no BB holder living at that address then no discount applies.

    The discount is a extra 'perk' that applies in certain, clearly stated, conditions. (Same address).
    You don't currently meet those conditions, so you don't qualify for the discount.

    You could say that the discount is a 'Reasonable adjustments' in itself, but only if you fit the qualifications.
    They don't have to offer it at all,
    Take London boroughs for an example- Hammersmith & Fulham give 25% discount on garage rental for a BB holder, Islington give BB holders priority for a garage but no discount, many councils don't offer any 'perks' at all for BB holders renting a garage.

    You have wrongly been claiming this discount for 10 years when you didnt fit the criteria.

    If the LA wanted to make an issue of this they could say that you had fraudulently been claiming the discount, because you should have notified then when you moved out, and certainly should not have kept claiming the discount once you had moved out.
    Like I said above, they would be entitled to ask you to pay 10 years of discount back.

    Again; get the garage lease transfered to your address if you can, and then your BB would entitle you to the discount.

    Another thought occurs;
    If you are caring for your mother then can she qualify for a BB in her own right?
    That would mean she could claim the discount in her own right.
    (You could still pay the rent for the garage, the LA won't bother about who pays).
    That was a typo, my mother is still a carer for me.

    The other thing is that when I got my blue badge I am pretty sure I was registered at a differemt address,

    but we still got the discount because my mother was a carer and I was there practically living there. but i had my own place, then social services help me get a bit more independent and i moved back to my place. Did I even think about the transfereing of the garage or notifying the LA about the garage. that never even crossed my mind so much to deal with and health and DWP and social.

    THe LA had a duty too as the blue badge expires every 3 years so they should had contacted me after three years at least.

    Because this is something congestion charging does

  9. #9
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    Local Authorities don't contact BB holders. It is down to the holder to re-apply.

  10. #10
    Quote Originally Posted by fwipperie View Post
    Local Authorities don't contact BB holders. It is down to the holder to re-apply.
    They do, I have a friend who is contacted by his LA everytime his Blue badge is nearly expiring, and the send a copy of new one so he can get a disclunt on his parking bay,

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