Car park operators refuse to apologise over Blue Badge row

PERTH: Pensioner and blind, amputee brother were ticketed at Asda’s Dunkeld Road site

The operators of a Perth supermarket car park are refusing to apologise to a pensioner who was ticketed for using a disability bay while shopping with his blind, amputee brother.

Smart Parking is under growing pressure to say sorry to Bill Cuthbert after he was slapped with a penalty notice for using a Blue Badge space at the supermarket’s Dunkeld Road branch.

The 70-year-old accepts that he did not have a Blue Badge on display, but complained that Asda’s parking regulations were “discriminatory” because it effectively forced him to shop elsewhere.

He has launched an online petition calling on the supermarket giant to change its regulations.

Now his call has been backed by the British Motorists Protection Association, which argues that Asda and Smart Parking are in breach of the Equality Act 2010, which demands a duty to make reasonable adjustments for people with “protected characteristics”.

The association’s Angus Gill said: “It is obvious Mr Cuthbert meets the need to use a disabled bay and Asda and Smart Parking are now fully aware of this and must act lawfully to protect him.”

He added: “Blue Badges are solely a feature of local authority on-street rules and are not applicable on private land, unless a service provider chooses to use them as an ‘indicator’ of disability.

“It would be a very simple remedy indeed for Asda to take positive action for Mr Cuthbert to ensure he never receives another demand.

“It is unreasonable and unlawful, now that they know of his circumstances, not to make such an adjustment for him.

“There is no excuse for Asda and Smart Parking’s ignorance of disability law.

“As a minimum, Asda should suggest to Smart that they carry out one thing – apologise to Mr Cuthbert.”

The move has angered MSP Murdo Fraser and MP Pete Wishart, who have both called on the company to say sorry.

Smart Parking has agreed to rescind Mr Cuthbert’s ticket, but still declined to apologise.

The company said it took disabled parking “very seriously” and had followed Scottish Government guidelines throughout.

Picture: Louis Flood. Bill Cuthbert, 70, and his wheelchair-bound brother James, 63, have since had their ticket rescinded.