Hitting a car in disabled bay, that was illegally parked
Hitting a car in disabled bay, that was illegally parked
Author
Discussion

icecold

Original Poster:

6 posts

170 months

Friday 25th November 2011
quotequote all
Hi all. Advice/help needed....
I recently parked in a disabled bay (legally wink - 3yr old boy is heavily disabled) and touched a car behind me that was parked, but had no blue badge displayed. The owner came over as I was writing my details for them and I queried if they actually had a disability/permit, which they didn't.
What would a ruling be on that, do any of you have an idea? I thought I knew some road rules but this is a new one! Usually a "parked car is not in the wrong", is that universal, or? I asked the local council, who deal with the parking area, but of course no reply...Would hate to involve insurance - as we all know the issues there.
Cheers.
Andy

ArsE92

21,145 posts

208 months

Friday 25th November 2011
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I imagine that regardless of how another car is parked, if you hit it then you are liable.

kambites

70,368 posts

242 months

Friday 25th November 2011
quotequote all
Legally I'm pretty sure you're still responsible, but in order to claim he'd have to admit to having parked illegally in a disabled bay which he might be loath to do. If he does, make sure you report it to the police, I hate people who abuse disabled spaces.

You are legally obliged to tell your insurance about the accident anyway if they ask (and probably even if they don't, depending on the wording of your policy), regardless of whether you make a claim. To not do so is fraud.

JungleJim

2,411 posts

233 months

Friday 25th November 2011
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You hit somones parked car. Pay up.

solidlad84

176 posts

208 months

Friday 25th November 2011
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I assume you'd still be responsible for any damage to their car but they'll suffer the (if any) consequences of parking illegally if the appropriate authorities do find out. No idea who that would be in relation to disabled parking spots, though.

icecold

Original Poster:

6 posts

170 months

Friday 25th November 2011
quotequote all
kambites said:
Legally I'm pretty sure you're still responsible, but in order to claim he'd have to admit to having parked illegally in a disabled bay which he might be loath to do. If he does, make sure you report it to the police.
Thanks guys. As I suspected. I will certainly report to Police if they want to take £££, seems fair both ways. Pity, would be a nice way to deal with illegal disabled bay users...

80sboy

452 posts

178 months

Friday 25th November 2011
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I reckon the person you hit would face separate consequences for parking in a disabled bay without a blue badge - IF the council wish to do anything about it.

Whether they have a blue badge or not doesn't detract from the fact that you're at fault by hitting their car.

When it comes down to it, you shouldn't even be trying to worm your way out of it with what is a minor technicality. Totally dishonest and actually completely out of order. You're at fault, accept it, be decent and pay up.

Corsair7

20,911 posts

268 months

Friday 25th November 2011
quotequote all
icecold said:
Thanks guys. As I suspected. I will certainly report to Police if they want to take £££, seems fair both ways. Pity, would be a nice way to deal with illegal disabled bay users...
That they weren't displaying a permit is irrelevent. You hit a parked car and it was your fault (by your own admission).

Only a tw*t would try to avoid responsibilty for their own actions by offloading like this. Its not your job to police dodgy parking.

Super Injunction

99 posts

176 months

Friday 25th November 2011
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Corsair7 said:
That they weren't displaying a permit is irrelevent. You hit a parked car and it was your fault (by your own admission).

Only a tw*t would try to avoid responsibilty for their own actions by offloading like this. Its not your job to police dodgy parking.
Agree completely with this - people seem to want to do anything to get out of something that is their fault/responsibility.

And when did the Police start looking after disabled parking? On double yellows maybe but i'm sure it's not illegal to park in the bay FFS. Do they also look after Parent and Child?

kambites

70,368 posts

242 months

Friday 25th November 2011
quotequote all
Super Injunction said:
And when did the Police start looking after disabled parking? On double yellows maybe but i'm sure it's not illegal to park in the bay FFS. Do they also look after Parent and Child?
Yes it is, assuming it's an on-street bay rather than a car park:

Government Website said:
A non-disabled motorist parking in a bay reserved for disabled people is misusing that space. If the bay is an on-street Blue Badge parking bay, it is an offence for anyone to park there without displaying a valid Blue Badge.
Edited by kambites on Friday 25th November 11:34

Soovy

35,829 posts

292 months

Friday 25th November 2011
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You hit a parked car. Your responsbility.

Pay up.

Super Injunction

99 posts

176 months

Friday 25th November 2011
quotequote all
kambites said:
Government Website said:
A non-disabled motorist parking in a bay reserved for disabled people is misusing that space. If the bay is an on-street Blue Badge parking bay, it is an offence for anyone to park there without displaying a valid Blue Badge

Edited by kambites on Friday 25th November 11:34
Sorry - agree with the on-street outside of people houses etc. I was more referring to car parks at Tesco, NCP's etc. smile

Greg_D

6,542 posts

267 months

Friday 25th November 2011
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to echo what everyone else has said.

if the person had a blue badge in their car, it wouldn't have altered the circumstances one jot, you hit a parked car.

From the wording of your post, i'm not sure if you are trying to worm out of responsibility or not, but i will give you the benefit of the doubt and assume that you were just curious.

you need to pay up.

mmm-five

12,011 posts

305 months

Friday 25th November 2011
quotequote all
On-street blue badge bay parking without a blue badge is an offence.

Private (supermarket/NCP/etc.) disabled/mother-&-child/too-lazy-to-walk parking is not - but you may get you a ticket/note/tannoy announcement from the car park management.

Either way it's your fault, so pay up.

You've done to the other driver what someone did to me. I was on double yellows dropping someone off and a car that was parked tangentially to the road reversed into me out of their disabled bay. They got out and started shouting that it was my fault for parking illegally!!! Due to the fact that they wouldn't provide insurance details (still claiming it was my fault and they didn't need to), and were becoming very irate, a bystander/witness/member of the public phoned the police. 5 minutes after the police arrived we we're both on our way with each other's details and my repairs are carried out within a month (small dent, no need for expensive like-for-like hire car) and 3rd party's insurer pays out without quibble.

kambites

70,368 posts

242 months

Friday 25th November 2011
quotequote all
Super Injunction said:
Sorry - agree with the on-street outside of people houses etc. I was more referring to car parks at Tesco, NCP's etc. smile
Ah OK. smile

icecold

Original Poster:

6 posts

170 months

Friday 25th November 2011
quotequote all
Corsair7 said:
That they weren't displaying a permit is irrelevent. You hit a parked car and it was your fault (by your own admission).

Only a tw*t would try to avoid responsibilty for their own actions by offloading like this. Its not your job to police dodgy parking.
Only a tw*t wouldn't read a thread properly then reply to it. I asked what the ruling was numb-nuts, I said I was writing out my details for them after the incident, cokair. Just asking what the general thoughts were around it brings the scum up from the sewer doesn't it. Offloading responsibility? Are you able to read English? Policing? Where was I flashing the blue lights? Blue BADGE son, not blue lights.

Cheers to the folks responding with intelligence and I look forward to meeting cokair in a disabled bay one day.

Grovsie26

1,302 posts

188 months

Friday 25th November 2011
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To be fair people who park in disabled bays, who arn't disabled are complete c*nts. Id be trying not to pay up as well.

bicycleshorts

1,939 posts

182 months

Friday 25th November 2011
quotequote all
80sboy said:
I reckon the person you hit would face separate consequences for parking in a disabled bay without a blue badge - IF the council wish to do anything about it.

Whether they have a blue badge or not doesn't detract from the fact that you're at fault by hitting their car.

When it comes down to it, you shouldn't even be trying to worm your way out of it with what is a minor technicality. Totally dishonest and actually completely out of order. You're at fault, accept it, be decent and pay up.
This.

There are 2 separate 'incidents' to report here.

How much is the damage likely to cost?

Kickstart68

182 posts

186 months

Friday 25th November 2011
quotequote all
Hi

Can I suggest a bit of care with reporting it.

Your posts could be read that you were attempting to blackmail them into admitting fault in exchange for you not reporting it. Now I very much doubt this is what you intended but it is something that needs care.

All the best

Keith

anonymous-user

75 months

Friday 25th November 2011
quotequote all
kambites said:
Legally I'm pretty sure you're still responsible, but in order to claim he'd have to admit to having parked illegally in a disabled bay which he might be loath to do. If he does, make sure you report it to the police, I hate people who abuse disabled spaces.

You are legally obliged to tell your insurance about the accident anyway if they ask (and probably even if they don't, depending on the wording of your policy), regardless of whether you make a claim. To not do so is fraud.
This is obviously something that people have difficulty with, but you're quite right.

http://www.pistonheads.com/gassing/topic.asp?h=0&a...