Disabled woman fined more than £1,000 for parking in a disabled spot

A disabled woman faces fines of more than £1,000 for using a disabled car parking space outside her flat.

Cerys Gemma, who lives in Cardiff Bay, said the space given to her flat is inaccessible for her.

Instead, she has been using one of the parking spaces reserved for visitors with disabilities.

Her property firm said it understood a friend was using her given space while trying to park another car in an area for visitors.

New Generation Parking Management, which manages the bays, said the spaces must be accessible for disabled visitors, not residents.

The company manages the bays for the property management firm Ringley Group, which said visitor spaces are available on a 'first-come-first-served' basis and free to use - but vehicles must be booked in.

It also said a friend of Ms Gemma has been using the space with her apartment and has been "attempting continuously" to use an added visitor's area.

Ringley Group added that with a short supply of spaces, it has been collaborating with the local council to try and find a solution, which could be a "space swap", where Ms Gemma trades the one given to the apartment for another.

Ms Gemma, 34, said she could not use the space given to her waterside flat in Prospect Place.

She explained that there is a pillar on one side and another car parking space on the other.

Ms Gemma says she cannot use the space given to her flat as there is a pillar on one side and another car parking space close on the other side.

Ms Gemma said she had contacted the property management and parking companies, explaining why she needed to use a wheelchair-accessible space.

"This has plagued me for two years, and I can't go on like this.

"I'm at breaking point, and I've had conversations with people, and I've said this is the end because I can't do this anymore - something has to change.

"I'm not willing to be pushed out of my home because I'm in a wheelchair," she said.

Ms Gemma has now been ordered to pay by the County Court.

Cerys Gemma has been using a wheelchair since sustaining severe spinal injuries following a car accident when she was seventeen.

She said the situation with the fines was now 'desperate', and she sees a counsellor.

"It's hard enough anyway, and I try and be as graceful and patient with people who don't have accessible buildings, and I understand that it's hard, but I'm not being pushed out of my home because of a parking space when they've got eight accessible bays," she added.

New Generation Parking Management said the eight spaces must be accessible for disabled visitors, not residents.

Disability rights lawyer Chris Fry from the legal firm Scott-Moncrieff & Associates said there is an obligation to make reasonable adjustments under the Equality Act.

"The reality is that if the space given to her is inaccessible because of her disability, they are compelled to make a reasonable adjustment, to move that space or change it to a closer spot to the front door.

"If they don't, they're in breach of the Equality Act."

Ms Gemma said she worries daily that there will be another parking fine.

Mr Fry said a breach of the act could result in a company having to pay compensation for the "impact of the injury to feelings that the tenant has faced", which could mean fines of more than £1,000.

New Generation Parking Management said: "We want to make clear that if we allow one resident to utilise a disabled visitor space as their own, we will need to allow all requests from residents, which we have received over the years.

"This would no doubt reduce the availability of disabled spaces for disabled visitors."

Mr Fry thinks the firm may have misunderstood the Equality Act.

"That sounds like a typical misinterpretation of what equality means. It does not mean applying the same policy to everybody - equality means supplying the same opportunity for outcomes.

"There is no disadvantage to them changing their policy, and prioritising, in fact legally, prioritising disabled people above other people is legal.

"It is within their gift to cancel those fines. That should be the first step they should take to rebuild the relationship," he said.

New Generation Parking Management said it simply enforced the rules to which Prospect Place agreed when it was instructed to manage the site.

Ms Gemma said she had been battling with the property and parking firms for two years and was at "breaking point".

It said: "We cannot update these rules unless agreed by the board of directors; therefore, in light of the continued distress that this is causing Ms Gemma, we will take steps to ensure this is discussed at the next board meeting."

Ms Gemma said she wants to live happily in her flat, knowing she can park in an accessible space without worrying about more fines.

"Every day when I come down to my car, I think, 'here we go, is there going to be another ticket?', and it's awful."

A Ringley Group spokesperson said New Generation Parking Limited was appointed by its client Prospect Place Management and has taken Ms Gemma to County Court for parking fines, not Ringley.

"The lady in question has one car parking space that comes with a relative's apartment, but we understand from New Generation Parking that a friend is currently using the parking space that comes with the apartment," it said in a statement.

"This means that she has been attempting continuously to park an additional car on-site in a visitor space, despite already having been given one resident's car parking space.

"Residents' car parking spaces form part of the leasehold agreement and are not allocated by Ringley."

The company has met with council officials to try and solve the issue. The statement added: "One solution is for her to return her space to the freeholder and then to sit down with the site team and identify areas that might be suitable for her and us to arrange a space swap with another owner.

"There is a short supply of visitor spaces, which are for use for all, which is why we cannot provide her permanent use of a disabled visitor parking space."