Isn’t it time the barriers in local government were removed for disabled people?

Isn’t it time the barriers in local government were removed for disabled people?                                                                Although the above is not a photo of the car park mentioned below, the photo is merely to illustrate that it’s about car parking If anyone wonders if I still do casework, I do (just a lot less than I used … Continue reading “Isn’t it time the barriers in local government were removed for disabled people?”

Isn’t it time the barriers in local government were removed for disabled people?

                                                              

Birkenhead North Railway Station Park and Ride
Birkenhead North Railway Station Park and Ride

Although the above is not a photo of the car park mentioned below, the photo is merely to illustrate that it’s about car parking

If anyone wonders if I still do casework, I do (just a lot less than I used to). The below is casework for Leonora (although I feel strongly about it myself). She’s my wife so I’ll declare an interest now. She’s also involved in this blog too. She’s given me permission to publish it as it may be of wider interest to readers of this blog. A few typographical errors in my original email (such as Arriva Train Wales to Arriva Trains Wales) have been corrected in the version below.

Rt Hon Frank Field MP is our MP here in Birkenhead, Justin Tomlinson MP is the Minister for Disabled People, the car park is in Cllr Dixon’s ward, the reason it’s going to the two Cabinet Members should be self-explanatory, although outside of the Merseytravel area, Merseyrail trains stop at Chester and Arriva Trains Wales run Chester station. I’ve no idea what the transport authority is for this region (do any readers know)?

So far I’ve received one reply back from the personal assistant to Cllr Samantha Dixon (she has a personal assistant as she’s Leader of Chester West and Chester Council) and a bilingual reply in English & Welsh from Arriva Trains Wales.

However it’s only been two days so far and Christmas will no doubt affect how long messages take to return.


Subject: casework (public transport/equality issues in the Chester area) REF: LB

Circulation list:

CC: “Rt Hon Frank Field MP (MP for Birkenhead)”
CC: “Justin Tomlinson MP (Parliamentary Under Secretary of State for Disabled People)”
CC: “Councillor Louise Gittins (Deputy Leader and Cabinet Member for Culture, Leisure and Wellbeing (Chester West and Chester))”
CC: “Councillor David Armstrong (Cabinet Member for Legal and Finance (Chester West and Chester))”
CC: “Cllr Liam Robinson (Chair, Merseytravel)” CC: “Councillor Samantha Dixon (councillor for Chester City ward)”
CC: “Arriva Trains Wales”
BCC: Leonora Brace

Dear All,

I have been asked by my wife Leonora Brace to write to you on her behalf. If you wish to reply to her via post rather than email her address is Jenmaleo, 134 Boundary Road, Bidston, Wirral, CH43 7PH.

On the morning of Saturday 19th December 2015 we both visited the City of Chester.

To explain why we took the car I would like to make some general comments about Chester Railway Station first. We have tried travelling to Chester by train using our Merseytravel issued public transport passes, but unfortunately she cannot go through the ticket barrier as she has a walking stick and she has to use the side barrier. As the side barrier is for passengers travelling in both directions, sadly she has suffered many accidents in the past (for instance wheeled suitcases going over her foot from passengers coming the other way) causing her injuries.

So to avoid these safety issues, this is why I suggested we travel to Chester by car.

We used to travel to Chester using the Park and Ride outside of the City, but the Park and Ride bus driver stopped accepting our Merseytravel passes, so we stopped using the Park and Ride.

However, hopefully the above explains why despite our best efforts, problems with the public transport system in the Chester area meant in my view travelling by car on Saturday morning was the only reasonable option.

I had better point out at this stage that Leonora is issued with a Blue Badge by Wirral Council and as you can guess from the above comments has limited mobility.

I might point out that although the Blue Badge Scheme is administered locally by local councils, it is an international scheme, following legislation that applies throughout England therefore there is supposed to be some consistency across different areas.

We travelled to the Chester West and Chester car park on New Crane Street opposite Chester Racecourse.

On previous visits, she has just driven into the car park, displayed her Blue Badge and clock and there have been no problems.

This time however a barrier had been erected at the entrance to the car park.

From the passenger side the writing on the machine by the barrier was too far away to read and indeed Leonora tells me that it was impossible for her to read even on the driver’s side.

So I got out of the car, walked round to the machine and tried to understand the instructions. Despite having a university-level education I didn’t see anything referring to Blue Badge users, but there were instructions to press the intercom for assistance which I did.

I explained to the disembodied voice what the problem was and explained that we had a Blue Badge.

The disembodied voice asked if the Blue Badge had been issued by Chester West and Chester Council. Obviously as we don’t live in Chester West and Chester Council’s area, it was not and was issued by neighbouring Wirral Council.

The voice then said that if our Blue Badge wasn’t issued by Chester West and Chester Council then we couldn’t park there! I was amazed at how parochial this was! After all people with Blue Badges issued by Chester West and Chester Council are welcome to park in any Wirral Council car park! It didn’t seem fair.

I then had to explain what the disembodied voice had said to my wife (who hadn’t heard what he said due to hearing difficulties).

I asked the disembodied voice if there were car parks we could use our Blue Badge in, he said the nearest one was Frodsham Street and gave long and complicated directions.

Eventually we parked in one of the the disabled spaces at the car at the junction of Grosvenor Road/Castle Drive on the other side of Chester Racecourse. Despite my wife driving for a living as a paramedic the spaces there are badly designed and very difficult to get in and out of. Exiting such spaces you then have to go the wrong way round a one-way system, in our case delaying a coach entering the car park (otherwise we’re back to the barrier problem I mentioned earlier).

I might point out that this car park is so far away from the City Centre that we ended up not spending any money in Chester’s shops (the shops that financially support Chester West and Chester Council’s running of the cark parks through business rates).

I fully appreciate the need to combat climate change and if it wasn’t for the problems I outlined earlier I would happily travel to Chester by public transport without the need for having to interact with its arcane bureacracy.

I hope this was a one-off and a mistake and would like to say how much my wife and I enjoy our visits to Chester, however the following questions arise that I would appreciate a formal response to them.

1. Were we incorrectly informed about whether those with Blue Badges issued to those who live outside the Chester and West Council area can park in the New Crane Street car park opposite Chester racecourse and if so what are the arrangements for getting through the barrier? If a mistake was made will you apologise to Leonora?

2. Are you actively trying to deter people from doing travelling to Chester and spending money there? I noticed on previous visits the car parks were nearly full, however since the barriers have been put up they’re nearly empty. Is this part of Chester’s efforts to combat climate change and encourage greater use of public transport?

3. Why doesn’t the Park and Ride bus accept the passes issued to the elderly or disabled that can be used on all other buses in England? Surely this would be an extra source of income, therefore reducing the need for any taxpayer subsidy (if that is the case) and improving the financial sustainability of the service?

4. Why the distinction between Blue Badges issued to residents in the Chester West and Chester Council area and Blue Badges issued to residents outside Chester? Doesn’t it make little sense that a Wirral issued blue badge will be accepted in Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Guernsey, Iceland, Isle of Man, Jersey, Liechtenstein, Norway and Switzerland but apparently not Chester (which last time I checked was still part of the United Kingdom despite all the talk of an IN/OUT referendum)?

5. Bearing in mind my comments (and whereas I realise when it is busy a one-way system in in effect at Chester Railway Station), have you considered modifying the ticket barriers to have a side barrier on the left in addition to the one on the right? This would seem to reduce the chance of passengers colliding with each other.

6. Was there a consultation I missed on the car park changes? If so could you provide a link to the decision/report please about this?

7. There are a whole range of legal implications this raises (both national legislation and European level) and have these been properly thought through? I could probably write a further 2,000 words just on those alone.

Protected minorities being treated in this way has the potential to cause great upset (indeed that is why discrimination is unlawful) and there are times (as I’m sure we may not be the only people affected by these matters) that the public do not have the time, press and/or political connections or indeed understanding of this country’s politico-legal systems to make their voice heard. Before the above was implemented (such as the retrofitting of ticket barriers at Chester Railway Station and the barriers on the car parks) some thought should’ve been had as to the implications on society.

I look forward to reading your responses with interest. I sincerely hope that this was a one-off mistake caused by a misunderstanding, but look forward to reading your views and either proposals for changing the above problems or reasons why they cannot be changed.

Yours sincerely,

John Brace on behalf of Leonora Brace
and John Brace

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Expense claim forms for Councillor George Davies (Wirral Council) 2013 (continued)

Expense claim forms for Councillor George Davies (Wirral Council) 2013 (continued)

Expense claim forms for Councillor George Davies (Wirral Council) 2013 (continued)

                                             

Wirral Council have provided a further four pages of expenses returns for Councillor George Davies. Cllr George Davies is a Labour councillor for Claughton ward. His expenses return are for car mileage, tunnel tolls (cash and Fast Tag), car parking and tickets. These four pages cover the period of 11th July 2013 to 13th November 2013.

The tunnel toll of £3.20 on 1st August 2013 is a return trip through the Mersey Tunnel using cash. However on 11th September 2013 (£2.60) and 18th September 2013 (£2.60) these other trips are return trips using a Fast Tag. Cash tolls were £1.60 (each way) during this period and Fast Tag was £1.30 (each way).

There is an entry for £2.50 for two tickets for the 29th October 2013 which relates to the Child Poverty Working Group. I’m not sure exactly what it’s for as it’s written in the “tolls and parking” group and appears to not relate to tunnel tolls.

On the mileage side thankfully Cllr George Davies has provided mileometer readings.

For example on a trip to visit Chief Officers on the 29th July 2013, his start mileage is 53960, his finish mileage is either 53970 or 53974 (as both figures were written here although it looks like 53974 is the later figure) and mileage claimed is 14 miles.

His four page claim consists of:

658 miles travelled @ £0.40/mile = £263.20
Tunnel toll (cash) @ £1.60 each * 2 = £3.20
Tunnel toll (fast tag) @ £1.30 each * 4 = £5.20
Parking (18/9/13) = £2.80
Tickets (29/10/13) (2) = £2.50
Unknown but probably parking (31/10/13) = £1

Total: £277.90

The rest of Cllr George Davies’ expenses claims for the 2013/2014 financial year, which were published on this blog last month can be read here.

Cllr George Davies expenses claim 2013 page 1 of 4
Cllr George Davies expenses claim 2013 page 1 of 4
Cllr George Davies expenses claim 2013 page 2 of 4
Cllr George Davies expenses claim 2013 page 2 of 4
Cllr George Davies expenses claim 2013 page 3 of 4
Cllr George Davies expenses claim 2013 page 3 of 4
Cllr George Davies expenses claim 2013 page 4 of 4
Cllr George Davies expenses claim 2013 page 4 of 4

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Wirral Council paid Nigel Lawrence QC £27,185.90 to prosecute Meyer Group Limited for X-raying its employees

Wirral Council paid Nigel Lawrence QC £27,185.90 to prosecute Meyer Group Limited for X-raying its employees

Wirral Council paid Nigel Lawrence QC £27,185.90 to prosecute Meyer Group Limited for X-raying its employees

                                                                     

This invoice is for a successful criminal prosecution by Wirral Council of Meyer Group Limited in the Liverpool Crown Court. Meyer Group Limited pled guilty.

This case started in 2012 and ended in 2013. Known court dates at Liverpool Crown Court for this case are below:

30th October 2012 (preliminary hearing)
24th January 2013 (plea and case management)
26th April 2013 (for sentence)
4th July 2013 (for sentence) before His Honour Judge Morrow QC

Representing Wirral Council was a barrister called Nigel Lawrence QC of 7 Harrington Street Chambers, Liverpool.

This invoice is for the small sum of £27,185.90. The breakdown is:

A: Travelling expenses

Car parking (on the 24th January 2013) *note this was for the plea and case management hearing at Liverpool Crown Court* £7.00
VAT on car parking (£7 * 20%) £1.40

Total £8.40

B: Legal work

Work from 24th June 2012 to 10th July 2013 (129 hours 25 minutes @ £175/hour = £22,647.916 rounded up to £22,647.92)
VAT on work done: (£22,647.92 * 20% = £4,529.584 rounded down to £4,529.58)

Total: £27,177.50

Grand Total: A (£8.40) + B (£27,177.50) = £27,185.90

There’s a court report in the Liverpool Echo about this case with the headline Workers at Mersey firm exposed to potentially unsafe levels of radiation.

When Wirral Council supplied me with the invoice for £27,185.90 as part of the 2013/14 audit, they deliberately blacked out the name of the defendant Meyer Group Limited. I supply the original invoice and partially unredacted one below.

Wirral Council V Meyer Group Limited redacted invoice £27,185.90 Nigel Lawrence QC Liverpool Crown Court
Wirral Council V Meyer Group Limited redacted invoice £27,185.90 Nigel Lawrence QC Liverpool Crown Court
Wirral Council V Meyer Group Limited partially unredacted invoice £27,185.90 Nigel Lawrence QC Liverpool Crown Court
Wirral Council V Meyer Group Limited partially unredacted invoice £27,185.90 Nigel Lawrence QC Liverpool Crown Court

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Objection to Traffic Regulation Order (KO) for Birkenhead Market Service Road

Objection to Traffic Regulation Order (KO) for Birkenhead Market Service Road

Objection to Traffic Regulation Order (KO) for Birkenhead Market Service Road

                                              

Proposed traffic regulation order public notice (Birkenhead Market Service Road) 9th July 2014
Public notice of proposed traffic regulation order (9th July 2014) Wirral Globe Birkenhead Market Service Road

Below is our objection to the proposed traffic regulation order for Birkenhead Market Service Road. If you wish to also object the closing date is Friday 26th September 2014. A copy of the plan of which parts of the Birkenhead Market Service Road will be affected by the proposed Traffic Regulation Order can be downloaded from here. These plans are provided under the “fair use” provisions for news reporting in s.30 of the Copyright, Designs and Patent Act 1988 c.48 and have already been provided to the public but are copyrighted by Ordnance Survey.

Surjit Tour,
Wallasey Town Hall
Brighton Street,
Seacombe
CH44 8ED

134 Boundary Road,
Bidston,
Wirral
CH43 7PH

Dear Surjit Tour,

Your reference: KO (proposed traffic regulation order for Birkenhead Market Service Road)

Below are our objections (from both John and Leonora Brace) to the proposed traffic regulation order for Birkenhead Market Service Road which is being consulted on (the consultation closes on 26th September 2014).

The public notice for the proposed traffic regulation order was first published in the Wirral Globe on the 9th July 2014 with a closing date for objections of the 1st August 2014. However as a copy of the proposed order, Council’s statement of reasons and map had not been made available to the One Stop Shop, Town Hall, Seacombe when we visited on the afternoon of the 9th July 2014, it was agreed that in order for the Council to comply with the Regulation 7(3) of SI 1996/2489 that a further public notice would appear in the local press (with the necessary documents being sent to Council offices for inspection by the public during the consultation period).

This notice was published in the Wirral Globe on the 3rd September 2014. A meeting was held on site to discuss the proposed traffic regulation order on the afternoon of 17th September 2014 at which Leonora Brace, John Brace and two Wirral Council officers were present. This meeting gave an opportunity for both sides to discuss the outstanding objections we had to the readvertised traffic regulation order and to observe levels of parking in the area of the Birkenhead Market Service Road at that time.

The reasons behind the proposed traffic regulation order were explained to us by officers. The effect of the traffic regulation order (if agreed) would be to prevent parking by Blue Badge holders, as all of Birkenhead Market Service Road that was not a loading bay would have a “No waiting and no loading at any time” restriction (known as double yellow lines with kerb blips which prevents parking by Blue Badge users).

If agreed, it would displace those drivers with a Blue Badge that can park there for up to three hours to elsewhere in the area of Birkenhead Market. Although Blue Badge users can park in Council car parks without any restriction on length of stay, at the time of the site visit the nearest Blue Badge spaces in the Council car park next to Birkenhead Bus Station were all in use.

The Pyramids multi-storey car park was referred to by officers both by email and during the site visit as a potential solution to the displaced parking that would result, however it was confirmed to me by a member of the Pyramids staff that although parking there is free on a Sunday, that during Monday to Saturday a charge is made for parking. We were both told that the Pyramids Shopping Centre is one of the two bodies that are funding this traffic regulation order (the other being the organisation that runs the Birkenhead Market Hall).

During the site visit, one of the stall holders at Birkenhead Market expressed concern over the potential effect on his customers. It was clear there was confusion about the proposed traffic regulation order and there had been no consultation with each stall holder at Birkenhead Market to explain the proposed changes.

Individual stall holders have a sublease which allow them to park for up to an hour in the Birkenhead Market Service Road. Their rights are detailed in the sublease between Birkenhead Market Limited and Birkenhead Market Services Limited (which is defined in the lease as an overriding lease) and the obligations towards stallholders are specified in section 1.1 (Right to use half width of access road) and 1.2 (Rights over Market Loading Bays). There is also a lease between Wirral Council and Birkenhead Market Limited dated 31st July 2003.

Some stall holders are also in receipt of a Blue Badge, therefore can now park in some stretches of the Birkenhead Market Service Road for up to three hours. However if the proposed traffic regulation order is agreed, these disabled stall holders will be restricted to only the hour they are now granted under the sublease.

During the period of consultation on this traffic regulation order, a car parking review was undertaken by councillors which reported back to councillors on the Regeneration and Environment Policy and Performance Committee on Monday 22nd September 2014. One of the recommendations to a future Cabinet meeting agreed at that meeting was “Cabinet approves the following ‘Objectives’ and ‘Principles’ which should provide a guiding framework for any future Car Parking strategy.” which included the following objective relevant to this objection:

“To provide sufficient numbers of disabled parking spaces in good proximity to shops and services.”

Whereas we realise that this recommendation is yet to be agreed by a meeting of Wirral Council’s Cabinet, the traffic regulation order as proposed would prevent parking for Blue Badge holders in the Birkenhead Market Service Road (whether customers, market stall holders or others) and displace these drivers elsewhere. As observed on the site visit, the nearest disabled parking spaces in the car park by Birkenhead Bus Station were all in use, which would force drivers with mobility problems further away from where they shop or work. The lack of spaces nearby could displace these drivers to the Pyramids car park where on a Monday to Saturday they would be charged for parking.

It is understood that a minority of careless drivers who do park in an obstructive way in the Birkenhead Market Service Road and that this can cause problems for commercial traffic wishing to load and unload. However there are existing powers to traffic wardens and the police to deal with such matters and the existing Blue Badge holders parking responsibly shouldn’t be penalised for the actions of other drivers and forced to park elsewhere!

The public notice about this traffic regulation order published in the press on Wednesday 9th July 2014 details five proposed sections on Birkenhead Market Service Road of over thirty metres of “No Waiting” and four restrictions on stretches on the Birkenhead Market Service Road of over 30 metres in “parking bays” with an exemption in the parking bays for goods vehicles.

Regulation 9 of SI 1996/2489 states that if the proposed traffic regulation order prohibits loading and unloading by vehicles of any class for a total distance of more than thirty metres out of fifty metres on one side of any length of road and an objection is made, then a public inquiry has to be held before making such an order.

If Wirral Council agrees with us that a public inquiry should be held on this matter, then the regulations require a further public notice published in the local press at least three weeks before the inquiry is held.

Our last points are that Wirral Council has duties under various pieces of legislation (Equality Act 2010 c.15, Disability Discrimination Act 2005 c.13 and Disability Discrimination Act 1995 c.50) not to discriminate against the protected minority of disabled people in the way it carries out its procedures and policies. The traffic regulation order, if agreed, would prevent disabled shoppers in receipt of a Blue Badge parking in the Birkenhead Market Service Road. It would also restrict disabled market stallholders in receipt of a Blue Badge parking in the Birkenhead Market Service Road from the current three hours they have to the one hour that they are granted under the sublease. It appears that this latter group of people has not been directly consulted in this matter.

For these reasons, whereas we both understand the commercial reasons why the Pyramids and Birkenhead Market Hall want Wirral Council to grant a traffic regulation order to help deal with obstructive parking on the Birkenhead Market Service Road, we formally object to the proposed traffic regulation order and look forward to hearing from you in the near future about how you wish to proceed in this matter.

Yours sincerely,

John and Leonora Brace
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Previous articles on this matter:

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Refusal by Planning Committee for Wallasey Village Tesco Store is appealed

Refusal by Planning Committee for Wallasey Village Tesco Store is appealed

Refusal by Planning Committee for Wallasey Village Tesco Store is appealed

                       

In August 2013, Wirral Council’s Planning Committee refused an application for a Tesco in Wallasey Village by 11 votes to 2. An appeal against the Planning Committee’s decision has been accepted by the Planning Inspectorate but it’ll be months before the Planning Inspectorate come to a final decision.

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