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Disabled Parking, were you told it would be free?



tedebear

Legal Alien
NSC Patron
Jul 7, 2003
17,117
In my computer
Well actually unless the club published in writing either in their ST policy for disabled supporters or somewhere in a specific mail/communication then there is no basis for a contract and therefore no basis for a legal case. It may be considered morally in breach, but that wont wash in a court of law I am afraid.

Doesn't sound right to me. If I'm following what was said above - it was in the presentation? Surely that would be a formal communication on which someone formed a contract?
 
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trueblue

Well-known member
Jul 5, 2003
10,958
Hove
Even if the terms are proivded verbally, providing the person entering into the contract can prove it was said, then the courts would look favourably on the person entering into the contract and find for them. If it was a case of "buy this season ticket. It will also come with free parking", the person purchases and then they later find out that actually there is no parking, then they will be able to challenge the contract legally.

Even if the disabled fans could go to court what would be the likely end result? Presumably they might get their money back but can a court order the club to provide free parking - I'd be surprised.
 


rool

Well-known member
Jul 10, 2003
6,031
Even if the disabled fans could go to court what would be the likely end result? Presumably they might get their money back but can a court order the club to provide free parking - I'd be surprised.

A contract can be formed verbally or in writing so if a fan was verbally offered a free parking space included in the ticket price by a salesperson a legally binding contract has been formed and the club is in breach of contract in not complying..
Onto your point, I think you're right. The likely outcome will be a refund of the £180 and the option of a refund of the season ticket. Meaning the fan effectively gives up on going to any home games.
Personally, and sadly, I think the club see that as a good outcome for them on a commercial basis which is why they are digging their heels in. I didn't expect this from Brighton and Hove Albion F.C. even in the new commercially driven era we are in.
 


somerset

New member
Jul 14, 2003
6,600
Yatton, North Somerset
A contract can be formed verbally or in writing so if a fan was verbally offered a free parking space included in the ticket price by a salesperson a legally binding contract has been formed and the club is in breach of contract in not complying..
Onto your point, I think you're right. The likely outcome will be a refund of the £180 and the option of a refund of the season ticket. Meaning the fan effectively gives up on going to any home games.
Personally, and sadly, I think the club see that as a good outcome for them on a commercial basis which is why they are digging their heels in. I didn't expect this from Brighton and Hove Albion F.C. even in the new commercially driven era we are in.

Look, it is almost certain that the club said something like "..... we are hoping to provide free parking.....", or ".... our aim is to provide free parking.... ", none of which will stand up to close scrutiny.
 


Agreed, its access that is the issue, not ability to pay, I don't see why disabled supporters should get free parking, they obviously have enough money to buy the ST, the club is simply maximising its income as a profit making company.

There are three issues to resolve imo:
1) On the question of charging for disabled badge parking, that is a matter for the club to decide on a policy.
2) I believe the Club wrote to BODS earlier this year to advise that disabled badge parking at the Amex would be provided free of charge. They've now change their mind just before the stadium opened after evryone has bought their STs, personally I find this unacceptable.
3) Equality of access for all disabled fans/attendees (not just those with disabled badge parking spaces) is potentially a much bigger can of worms involving the interpretation of Building Regs by Building Control at B&HCC, whether the Amex development has been constructed in acccordance with current guidance (ie BS8300) for new stadia and finally the Disability and Equality Act. Under the latter, the Club is required to make resonable steps to ensure equality of access for the disabled; whether re-locating the 1901 parking from Sussex Univ to Bennett's Field and leaving the OP and others with mobility issues, including myself, with no option other than parking at the university is consistent with this requirement may well be for an external body to determine.
Any planning application to extend the stadium capacity will also present an opportunity for individuals to comment upon this subject both in writing and at any planning committee meeting; if the matter is not resolved by the time the application is submitted then I would encourage anyone who's directly impacted or concerned to take this opportunity.
 




Look, it is almost certain that the club said something like "..... we are hoping to provide free parking.....", or ".... our aim is to provide free parking.... ", none of which will stand up to close scrutiny.
But BODS did receive an e-mail from Martin Perry that explicitly said that disabled parking would be free.
 


rool

Well-known member
Jul 10, 2003
6,031
Look, it is almost certain that the club said something like "..... we are hoping to provide free parking.....", or ".... our aim is to provide free parking.... ", none of which will stand up to close scrutiny.

I don't know either way what was said. I was just giving my understanding on 1) contract law, 2) the likely outcome (IMO) if the club were deemed to be in breach and 3) that the club hasn't really covered itself in glory on this issue.
 


drew

Drew
NSC Patron
Oct 3, 2006
23,641
Burgess Hill
This thread does raise various issues. From my point of view, I don't necessarily accept that being disabled should entitle you automatically to free parking taking into account the varying levels of disability that different people suffer from. However, the three main issues that I see are as follows :-

1. Did the club actually say that disabled parking would be free? At the time of the presentations, Bennetts Field wasn't even on the table and I believe this was only pursued due the fact that Falmer High School have not allowed parking on their site. I don't recall from my presentation whether or not the subject was even raised.

2. Those that, either wrongly or rightly feeling miffed, did buy because they thought parking would be free have to ask themselves the question, had they known at the time that parking would be £180 per year would that have stopped them buying a season ticket?

3. The point, already made elsewhere, what happens if you have been allocated a space at Bennetts field and this is lost in 3 years time. In reality, it may well be that the car park will remain. It could also happen that more spaces are found elsewhere but we don't know.

The ideal solution is maybe a disabled drop off point and then for the car to be taken to a park and ride site and for the more seriously disabled, parking on site.

The argument that if you fall ill then you can't get away doesn't wash and the person that made it does a dis-service to those genuinely in difficulty and arguing their case. With regard to cost, maybe the equivalent cost of the park and ride should be charged but in respect of all the occupants of the car. For example, the OP would have to pay £120 ie £30 x 4.

Unfortunately, at the moment, it doesn't appear that either side is prepared to compromise which is a shame bearing in mind where we are at in the history of the club.
 




somerset

New member
Jul 14, 2003
6,600
Yatton, North Somerset
But BODS did receive an e-mail from Martin Perry that explicitly said that disabled parking would be free.
I would be interested to see the email wording and the context that prompted it.
 


Acker79

Well-known member
NSC Patron
Nov 15, 2008
31,921
Brighton
But BODS did receive an e-mail from Martin Perry that explicitly said that disabled parking would be free.

If that's the only proveable mention of free parking for disabled people, is it enough to constitute a contract since it was to them, and not to the individual buying the ticket?
 


If that's the only proveable mention of free parking for disabled people, is it enough to constitute a contract since it was to them, and not to the individual buying the ticket?
My understanding is that the correspondence between the Club and BODS was about a range of issues relating to supporters with disabilities. It's obviously not a contractual commitment to anyone, just a piece of evidence that the Club has changed its stance over a period of time and that the concerns of disabled supporters have fallen down the list of priorities somewhat.
 




somerset

New member
Jul 14, 2003
6,600
Yatton, North Somerset
Simply put, there was more disabled demand than expected,... adjustments have been made by the club that sits in the middle ground of opinion. Albion have compromised by charging much less for that space than had previously been budgeted for in their calculations that must underpin their business plans. I suggest that rather than look for scapegoats, bite the bullet and if manageable take the compromise position for this season and be sure that the club will work hard in the next 12 months to adjust further when it is anticipated that more spaces become available and the income streams are such that the club can carry this cost to the advantage of the disabled supporters groups.
 


I haven't read the previous pages but am very dissapointed with the apparent attitude of the club who are allowing a relatively minor issue to escalate into a bad pr matter. I would like to think that a bit of common sense would prevail and that when considering the sums of money involved, you are talking about the wages of a couple of top earning players for a week which the club could easily afford and turn into a major pr success by allowing the fans to have free parking which in monetary terms to them would save a significant amount.
 


tinytears

New member
Feb 5, 2010
113
My understanding is that the correspondence between the Club and BODS was about a range of issues relating to supporters with disabilities. It's obviously not a contractual commitment to anyone, just a piece of evidence that the Club has changed its stance over a period of time and that the concerns of disabled supporters have fallen down the list of priorities somewhat.

This is correct. After a meeting between BODS, the club & the national association of disabled supporters responding to all the issues raised. Despite a fair bit of 'encouragement'( to put it politely) I have no intention of making the whole email available on NSC. BODS always have & always will act in a professional manner & keep a dialogue with the club. Anyway contained in that email the club discussed parking issues. In that , they did say that , when talking about parking at Park Wall Farm & Bennetts Field they said that they ' are proposing to provide these spaces free of charge to genuine cases of need by disabled supporters'. I will add that at the time of the presentations the club were intending to charge for the parking. BODS were negotiating to keep the price nominal. This did not change until the end of April.

When the club then put on the website they would be charging £180 we immediately set up a meeting. We have had 3 meetings since. We did manage to get the club to spread the cost of the parking over 6 months instead of their original plan of asking people pay in one lump sum. Potlock seagull will be putting the minutes on NSC shortly. Myself, Portlock, Herr Tubthumper & Lord B are trying to work with the club to find solutions, not only on the parking issue but on other issues as well. I am in the same situation as everyone else. I cannot get a parking space. At the moment my husband is taking me on the train, but that doesnt work for evening games & will not work in the wet or freezing weather.

There is a high demand for disabled parking . The club are fully commited to work with us to find solutions . If anyone has any specific questions on this or other matters I am happy to answer either on here or via a pm. I know some people do not agree with the BODS approach to things, but we will keep fighting & I do believe things will improve.

As I say if any one wishes to contact me please do
 




Simply put, there was more disabled demand than expected,... ........

I find it difficult to understand this conclusion when, according to B&HCC Building Control, there are 163 allocated viewing spaces for disabled fans in wheelchairs within the stadium? Not everyone who is disabled due to mobility issues uses or needs either a wheelchair or a disabled badge parking space, I certainly don't; so how exactly are the potential 163 plus the rest of us are being properly catered for by the club allocating 46/80 disabled badge parking spaces and no "full price" spaces adjacent to the stadium?
 


Storer 68

New member
Apr 19, 2011
2,827
Would it not be possible for a drop off point for the disabled fans on the stadium side, and then the car could then be parked on the university side, and then just operate a pick up and set down routine after the match?

Awaits completely justifiable flaming if this is a stupid idea.
 


Herr Tubthumper

Well-known member
NSC Patron
Jul 11, 2003
62,763
The Fatherland
Would it not be possible for a drop off point for the disabled fans on the stadium side, and then the car could then be parked on the university side, and then just operate a pick up and set down routine after the match?

Awaits completely justifiable flaming if this is a stupid idea.

Good call. This was raised at the aforemention meeting. I suggested that there could be a drop off point at the top of the lift which goes down to stadium level behind the south stand. I'll follow this up at the next meeting.
 


Mr Burns

New member
Aug 25, 2003
5,915
Springfield
But BODS did receive an e-mail from Martin Perry that explicitly said that disabled parking would be free.
I think in that case they need to publish that email.

So much of this is hearsay at the moment, and a number of points don't sit quite right, so if the email was published (or at least whole quotes about the charge) then people will be able to make a more informed choice where they stand on this.

Personally IMO what has been said so far, makes it sound like they were hoping it would be free, rather than being told it was definately free. But if this email proves otherwsie, then the club will come under pressure from all sides, and any doubters like me, and there are quite a few by the looks of it on here (minus the nasty comments) will be 100% convinced, and there will be no room for any doubt.

As someone said, its only the case of a few grand, hardly anything in the scheme of things these days, so there has to be more than meets the eye for the club to dig in like it has, so if they publish the email, I can't see any other outcome than the club refunding the disabled passes this year.

But then of course there is still the issue of where the parking spaces are, and I think free or not, everyone is behind them on that issue.
 




Would it not be possible for a drop off point for the disabled fans on the stadium side, and then the car could then be parked on the university side, and then just operate a pick up and set down routine after the match?

Awaits completely justifiable flaming if this is a stupid idea.

In principle but how do you feasibly operate this with the sort of congestion that's already occuring at the A27 intersection and Village Way, you're just adding more traffic.
Second point is where does the driver/carer leave the disabled person (wheelchair bound or not) whilst they struggle to get over the congested footbridge (as I believe it was vs Gills), back to the University car park and then up the eastbound slip road via the C/P exit. Maybe not a big problem atm (except for somehwere to sit down) but on a cold, wet February evening when quite possibly anyone in a wheelchair is likely to have been seated at pitch level and therefore in the rain?
 


tedebear

Legal Alien
NSC Patron
Jul 7, 2003
17,117
In my computer
Just out of interest how many of our disabled fans have been given a space in the disabled parking over the A27 who find it unsuitable? Just trying to guage how many are affected (irrespective of the cost)...
 


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