Legality of disabled bays on streets

Legality of disabled bays on streets

Author
Discussion

Frederick

Original Poster:

5,752 posts

235 months

Saturday 29th January 2011
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It would appear that a neighbour has had a disabled bay stuck down on the street right outside of their house - problem is, it's not just infront of their house as it is a terraced street and as such it is outside of three houses. Now, I know that on a public street there's no "right" to park outside your own house, and that it is the public road, which everyone has use of - but what are the penalties (if any) of encroaching into this 'personal parking bay'.

The person in question has lived there for years without needing to have any special dispensation for their parking, recently became pretty vocal about the lack of being able to park their car near their house, and bing - up pops a disabled bay.

Also, being a 'disabled' bay, does that mean you need a blue badge to park in it - and if so, who are the authority that abuses of this procedure answer to?

Fully expecting to be called a harsh bd for this but when you live in the same place for 30 years, with no hassle whatsoever, where people are able to park their cars perfectly fine and have been for a long time (until people who feel they need to leave 5ft front and back, and take up 3 cars worth of space in one maneuver move in) to be told that you can't park outside of your own front door - it's a bit riling to say the least.

pinchmeimdreamin

10,404 posts

233 months

Saturday 29th January 2011
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Did the council put the bay there or the neighbour ?

vsonix

3,858 posts

178 months

Saturday 29th January 2011
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On an unrelated and similar note, what happens when disabled bays are no longer necessary? It seems the council is loath to remove them when they are in place. An elderly friend of my mother's is widowed and no longer drives. She has requested the disabled bay be removed, but the council has failed to act on more than one occasion. Seems once they're there they stay there.

Mojooo

13,216 posts

195 months

Saturday 29th January 2011
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vsonix said:
On an unrelated and similar note, what happens when disabled bays are no longer necessary? It seems the council is loath to remove them when they are in place. An elderly friend of my mother's is widowed and no longer drives. She has requested the disabled bay be removed, but the council has failed to act on more than one occasion. Seems once they're there they stay there.
Someone I know - his Dad had a disab;ed bay but no longer drove. His son used i instead - the neighbours got the council to move it!

So it can be done.

minky monkey

1,557 posts

181 months

Saturday 29th January 2011
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My father had one, when he passed away we notified the council and it was removed inside of three weeks.

Sticks.

9,337 posts

266 months

Saturday 29th January 2011
quotequote all
Maybe the person's condition has changed or something elese. Why not ask them?

As above, they're put there by the local authority, who can also enforce them along with plod, wardens, PCSOs. http://www.direct.gov.uk/en/DisabledPeople/Motorin...

minky monkey

1,557 posts

181 months

Saturday 29th January 2011
quotequote all
What may be of note, is that anyone with a blue badge is permitted to use that bay. It isn't only for the use of that one person.

With regards to why they've not had one before, it's entirely possible their circumstances have changed leaving them requiring the bay. The trouble is, disabilities are not always obvious to the eye. *Edit Sticks got there first!*

These days, the issuing authorities for blue badges are more strict in terms of who gets one. Or they certainly are around here. Mind you, that doesn't stop their various relatives from using them once they are issued!

Sticks.

9,337 posts

266 months

Saturday 29th January 2011
quotequote all
minky monkey said:
What may be of note, is that anyone with a blue badge is permitted to use that bay. It isn't only for the use of that one person.
It may vary, area to area, but I came across this, which says it's specifically for the person (para 2) http://www.dudley.gov.uk/transport-and-streets/par...

Rare for me to get anywhere first laugh

Frederick

Original Poster:

5,752 posts

235 months

Saturday 29th January 2011
quotequote all
The council put it there, and upon further investigation it isn't subject to a TRO as it is an advisory bay and as such, unenforcable. So as far as I'm concerned, it's a decorated bit of tarmac!

ETA: Link Here

minky monkey

1,557 posts

181 months

Saturday 29th January 2011
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First I've heard of that one, it would be interesting to see how it would be enforced should another BB holder parked there. The signage states disabled badge holders only, I'd be interested to see how that one would work in court!

carmonk

7,910 posts

202 months

Saturday 29th January 2011
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Sounds a big bay if it spans three houses - does the disabled person drive a rig? Anyhow, if it's not a problem I wouldn't bother about it, as you state there's never been a problem parking in the street then there must be plenty of spaces. Of course, if the 'owner' is trying it on and isn't disabled then report them and get the thing removed.

Engineer1

10,486 posts

224 months

Saturday 29th January 2011
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Out of courtesy I would treat it as a legit disabled bay as if the person who got it created actually needs it it will be a pain if some prat who lives on the street parks in it because legally they may be able to.

Hitler Hadrump

1,750 posts

188 months

Saturday 29th January 2011
quotequote all
Sticks. said:
It may vary, area to area, but I came across this, which says it's specifically for the person (para 2) http://www.dudley.gov.uk/transport-and-streets/par...

Rare for me to get anywhere first laugh
You got me interested! I had to check a few councils out:

Trafford said:
Anyone with a Blue Badge can park in any disabled bay, even if it is outside your house - with or without your permission.

http://www.trafford.gov.uk/transportandstreets/par...
Manchester said:
The parking bay does not belong exclusively to the resident outside whose home it is located and may be used by any driver displaying a blue badge.

http://www.manchester.gov.uk/site/scripts/document...
West Sussex said:
If you are a badge holder under the Disabled Blue Badge Scheme you may be entitled to a parking bay. Although these bays are not limited to a specific individual's use, they can help ensure a parking space is available outside your home.

http://www.westsussex.gov.uk/leisure/getting_aroun...

m8rky

2,090 posts

174 months

Saturday 29th January 2011
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Friend of mine had a similar situation,he took advice on it and was told that it was a courtesy and not legally enforcable unless there is a sign adjacent saying it is disabled only.

LaFleur

319 posts

175 months

Sunday 30th January 2011
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The thing is anyone with a disabled badge can park in the space. Any blue badge owner can park there not just the person that requested it.

streaky

19,311 posts

264 months

Sunday 30th January 2011
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LaFleur said:
The thing is anyone with a disabled badge can park in the space. Any blue badge owner can park there not just the person that requested it.
Except in Dudley ... at least.

Streaky

PS - a hint for 'newbies': read the thread - S

streaky

19,311 posts

264 months

Sunday 30th January 2011
quotequote all
minky monkey said:
... The trouble is, disabilities are not always obvious to the eye.
Indeed. Originally, Blue Badges were given to those who could not walk unaided for (IIRC) 25 yards - hence why disabled bays were supposed to be within 25 yards of the building entrance ... a 'rule' now superseded by 'Parent-and-child' spaces.

These days, it seems that, because 'mental health problems' are a disability, one-in-four of the population think they've gained the right to park in 'Disabled' spaces.

Part joking aside, the rules are that you may qualify for a Blue Badge if you:
- receive the Higher Rate of the Mobility Component of the Disability Living Allowance;
- are registered blind;
- receive a War Pensioners’ Mobility Supplement;
- have a permanent and substantial disability which means you cannot walk;
- you are unable to walk;
- you have a physical disability that means you are unable to walk very far without experiencing severe discomfort;
- the physical effort needed to walk could damage your health;
- drive a motor vehicle regularly, have a severe disability in both arms, and are unable to operate all or some types of parking meter (or would find it very difficult to operate them);
- have a child aged under two who must always be accompanied by bulky medical equipment which cannot be carried around without great difficulty and/or need to be kept near a vehicle at all times, so that they can, if necessary, be treated in the vehicle, or quickly driven to a place where they can be treated, such as a hospital;
- are an organisation that transports disabled people who would meet one or more of the above criteria (note you only may be eligible).

People with a behavioural or psychological disorder will not normally qualify unless their impairment causes very considerable difficulty in walking all the time.

It's understandable, yet still slightly amusing that the DfT leaflet on Blue Badges is available in Braille. And before anyone starts, my FiL is registered as a blind person and has a Blue Badge (SWMBO drives him around).

Streaky

Frederick

Original Poster:

5,752 posts

235 months

Sunday 30th January 2011
quotequote all
carmonk said:
Sounds a big bay if it spans three houses - does the disabled person drive a rig? Anyhow, if it's not a problem I wouldn't bother about it, as you state there's never been a problem parking in the street then there must be plenty of spaces. Of course, if the 'owner' is trying it on and isn't disabled then report them and get the thing removed.
It's a terraced street, upstairs/downstairs are independent flats.

I'm going to go and see the council department responsible for them on Monday, advise that I object most strongly to it and will find out if it is advisory or not - it certainly appears to be as such.

The problem is that there are no longer plenty of spaces as there are commercials parked in the street every now and then, and a high proportion of recent residents appear to be unable to park their car without needing a runway available - the size of which a 747 would probably be able to coast in on!

Sticks.

9,337 posts

266 months

Sunday 30th January 2011
quotequote all
If you don't mind me ssaying so, it comes across as
Frederick said:
It's a terraced street, upstairs/downstairs are independent flats.

The real problem is that there are no longer plenty of spaces as there are commercials parked in the street every now and then, and a high proportion of recent residents appear to be unable to park their car without needing a runway available - the size of which a 747 would probably be able to coast in on!
Therefore
Frederick said:
I'm going to go and see the council department responsible for them on Monday, advise that I object most strongly to it and will find out if it is advisory or not - it certainly appears to be as such.
And they'll say, we saw his application, you didn't, he needs it. And which will do little other than make your neighbour feel bad/p1ss him off.

Not for anyone else to tell you what to do, of course, but maybe think about speaking to the neighbour(s).


supermono

7,402 posts

263 months

Sunday 30th January 2011
quotequote all
minky monkey said:
These days, the issuing authorities for blue badges are more strict in terms of who gets one. Or they certainly are around here. Mind you, that doesn't stop their various relatives from using them once they are issued!
I think 5 minutes' observation at any supermarket will reveal most of those using them aren't suffering from any disability that requires them to park near the shop entrance or you'd notice rwduced mobility. Many display badges though.

No wonder the whole system has fallen into disrepute.