MiL - Disabled Parking
MiL - Disabled Parking
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NormalWisdom

Original Poster:

2,183 posts

190 months

Wednesday 11th March 2015
quotequote all
Father-in-Law died just before Christmas, MiL kept him and house he did all bills, communications, taxes etc. She was at a huge loss.

Over the weeks she is gradually making progress in sorting things out. This week it was the turn of her car which was disabled registered (VED implications I think) and also the Disabled parking bay the council put in for them right outside her house (he was extremely immobile and nobedy else uses it).

Within hours of having spoken with DVLA she was clamped and had to pay a £100 release fee. Trying to get more info out of her last night was impossible as she was distraught.

We are up there for the weekend, I presume I should get the council to erase the parking bay, anything else?

3Dee

3,206 posts

252 months

Wednesday 11th March 2015
quotequote all
NormalWisdom said:
Father-in-Law died just before Christmas, MiL kept him and house he did all bills, communications, taxes etc. She was at a huge loss.

Over the weeks she is gradually making progress in sorting things out. This week it was the turn of her car which was disabled registered (VED implications I think) and also the Disabled parking bay the council put in for them right outside her house (he was extremely immobile and nobedy else uses it).

Within hours of having spoken with DVLA she was clamped and had to pay a £100 release fee. Trying to get more info out of her last night was impossible as she was distraught.

We are up there for the weekend, I presume I should get the council to erase the parking bay, anything else?
Yes, ring the DVLA and tell them that the behaviour toward a bereaved OAP is inappropriate and that you want to talk to a senior manager!

I personally have had run-ins with the DVLA on behalf of elderly clients and despite their reputation, in every case so far I have managed (just be persistent and don't accept the first brush-off) to get a total reversal and apology for them in writing!

Edited by 3Dee on Wednesday 11th March 15:09

TooMany2cvs

29,008 posts

157 months

Wednesday 11th March 2015
quotequote all
The car was parked in the disabled bay when it was clamped?

Had she also spoken to the council?
Is there anything on the clamp paperwork that gives a clue?

Basic

86 posts

212 months

Wednesday 11th March 2015
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I think there are two separate issues.

One is that the FIL's car was registered disabled. I have no idea about what DVLA's reaction might be to being informed some time later that there had been a change in circumstances meaning that this taxation class was no longer applicable.

The second issue is the disabled parking bay. Assuming it's on a public road, the highways authority shouldn't be marking out a space for a specific user, although i know some do / did to be helpful. Such bays however are really no more than just a bit of paint on the road.

'Proper' disabled bays need a traffic regulation order, and will be available for anyone to use who has a blue badge, not just one specific resident. Removing one of these will need a new traffic regulation order, which will require consultation, public advertisement, etc... Together with a change to the lines this will cost the highways authority several hundreds, even thousands of pounds.

So, the highways authority might be inclined not to make the change, and to leave the bay as-is.

The highways authority, asssuming they enforce the on-street parking (which most do), won't have stuck the clamp on. It's not how they enforce parking. I know that some sieze the blue badge where it's being mis-used, but i don't know of any that take action against the vehicle.

paintman

7,860 posts

221 months

Wednesday 11th March 2015
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Assuming the clamp was put on by a DVLA enforcement vehicle then it would appear that having notified DVLA of the death of FIL they have terminated the disabled exemption and the car will be shown as untaxed.
I would suggest that if not being used the car should be removed from the road and SORN'd or if it can't be taken off the road then taxed as normal.
I could be completely wrong & stand to be corrected!

I do sympathise as there is a lot to deal with when a death occurs & sorting out the car tax isn't going to be high on her list of priorities.