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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11253
Experience:  I have been practising for 30 years.
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I live in private flat. There is no drop kerb to allow my

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I live in private flat. There is no drop kerb to allow my wheelchair to leave the complex. Management company seem to be very reluctant to give me disabled bay in front of flat. I have blue badge on account of becoming above knee amputee and can not walk far with two walking sticks.Have been requesting both for over a year now. Do I have any rights? Regards. J*** S********

Hello for clarification - how have you asked the management company - by phone or letter?

what have been their replies?

have you contacted the council?

Customer: replied 6 months ago.
My contact with this company started with phone call. My request did not seem to be a problem. It had to be discussed at their meetings of course, but I have never been informed of what they decided. I have had a chat with one of my neighbours who is a committee member. She said that it was mentioned that maybe I would be privileged to have my own parking bay. I have since emailed them a couple of times, and they have said that they were getting quotes from contractors for this work. ( Dated 16/6/2017). I email them again in September and they said I would be hearing from their contractors.------ Have heard nothing! My Son took it upon himself to ring the man in charge and he said they it would be best to have drop kerb at the end of our flats against boundary wall. .I agreed to this! The disabled bay had to be discussed by board of directors! ---One year on! I get the feeling they are hoping for me to fade away and die! About our Council , I applied on line for disabled bay, but had no reply. I don't think they cover our address because we are private!
I hope this is enough information for you. If you need more or would like to speak with me. our phone number is 0203(###) ###-####

It depends on the age of the flat. If it’s been built for some years, there was no requirement for disabled access although it’s been built or converted recently (probably at least 10 or 15 years) there is a requirement for the dropped curb for disabled access. There is no statutory requirement to do it retrospectively.

I would suggest you put everything in writing because telephone calls to our habit getting “lost” stop

I don’t know whether you have a private parking space under the terms of your lease but if not, there is no obligation to give you private parking.

Unfortunately, subject to what I’ve said above, they have no obligation to do this work but that wouldn’t stop me pressing them. They may respond more proactively if the letter came from a solicitor although I’m not certain what action the solicitor could actually threaten bringing.

What you might want to do is contact your local Access Group who are extremely good bringing pressure to bear on landlords and local authorities.

Customer: replied 6 months ago.
Thank you for information.I was afraid I might be at mercy of management.Do not understand about Access Group that you mention. I am an old fogie and have very limited knowledge on the computer I have permit to park but no allocated spot! Not much gone right since I lost my leg last year!
Thanks again. Regards *****

I have a friend who is disabled and my understanding is that there are lots of local groups who campaign for access for disabled. I have never dealt with one and I don’t know whether it was a local thing to him or a national thing. I found this list: https://www.ableize.com/access-and-travel/access-groups-disabled/

and it would certainly be worthwhile contacting one.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

F E Smith and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thanks Fes, I will now rate you.