disabled parking bays, are they legal
Discussion
So here is the quire. My partner stays in a block of housing association flats (places for people)with a car park to the rear. However this "car park" is a road that has been blocked of scince 1980s. It still appears on maps and sat navs as a road with a dead end. So is part of the queens highway. The car park has been segmented into 12 bays, no where near enough for the flats. No one has a allocated bay its a first come first served basses. So few weeks ago 3 disabled bays appeared painted on by the housing association henchmen. There is only 1 disabled person in the whole development. So i phoned the local authority and played stupid and asked if they painted or gave authorization to paint the bays. My response was "WE KNOW NOTHING ABOUT THIS". So my question do the housing association have any right to do this,what happens if i park in them ?
We have local walk, about three miles around a reservoir. It's hard going in some parts steep inclines that can take your breath, both my self and wife do this walk most days and we are relatively fit.
A few weeks ago the disused quarry that people park thier cars for this amenity has had a double disabled parking bay laid in Tarmac complete with signs needless to say we have never seen it used. Is it legal ? Dosnt matter really as decent people don't park in these bays. Bloody silly however
A few weeks ago the disused quarry that people park thier cars for this amenity has had a double disabled parking bay laid in Tarmac complete with signs needless to say we have never seen it used. Is it legal ? Dosnt matter really as decent people don't park in these bays. Bloody silly however
If you provide car parking, you must dedicate a percentage of those spaces for use by registered disabled people. Normally 5% but that increases if there is likely to be a higher percentage of disabled visitors, places such as hospitals and elderly care homes (outlined in British Standard BS8300).
If the spaces aren't provided, they run the risk of being prosecuted under the Disability Discrimination elements of the Equalities Act. It's always frustrating to see empty disabled bays in an otherwise full car park, but the law is the law I'm afraid.....!
Paul
If the spaces aren't provided, they run the risk of being prosecuted under the Disability Discrimination elements of the Equalities Act. It's always frustrating to see empty disabled bays in an otherwise full car park, but the law is the law I'm afraid.....!
Paul
DrMoriarty said:
So here is the quire. My partner stays in a block of housing association flats (places for people)with a car park to the rear. However this "car park" is a road that has been blocked of scince 1980s. It still appears on maps and sat navs as a road with a dead end. So is part of the queens highway. The car park has been segmented into 12 bays, no where near enough for the flats. No one has a allocated bay its a first come first served basses. So few weeks ago 3 disabled bays appeared painted on by the housing association henchmen. There is only 1 disabled person in the whole development. So i phoned the local authority and played stupid and asked if they painted or gave authorization to paint the bays. My response was "WE KNOW NOTHING ABOUT THIS". So my question do the housing association have any right to do this,what happens if i park in them ?
Probably. As usual the devil is in the detail of the circumstances.The Association presumably owns the freehold. The freeholder presumably can do as he wishes with the car park. If this is private land the freeholder can charge rent or for parking charges or not or restrict the use to whomever he pleases. Generally.
You might have a chance with the original planning consent. See you local planning office and get a copy of the schedule of conditions about the use of the site in the original consent
There may be a requirement to provide parking for the flats. This may require a certain number of spaces to be available. If this conflicts with the disabled bays provision you could try advising the Planners of the failure to comply with the conditions of planning and insist upon enforcement actions.
However only an individual with a genuine reason to complain can do this. If your friend is a tenant and willing to complain she could do this.
However I would urge caution about complaining. This can have effect of bringing attention to the circumstances of your friend.
Up to you. You may think it is not worth complaint.
If this car park is an adopted road, or a road open to access by the public (for example does it have adopted street lights), then it doesn't matter who owns it, who has freehold, nothing else. If it's still a "highway" as per the OP then nobody is allowed to control parking on it except the local authority, and they can only do so by making a Traffic Regulation Order.
DrMoriarty said:
So here is the quire. My partner stays in a block of housing association flats (places for people)with a car park to the rear. However this "car park" is a road that has been blocked of scince 1980s. It still appears on maps and sat navs as a road with a dead end. So is part of the queens highway. The car park has been segmented into 12 bays, no where near enough for the flats. No one has a allocated bay its a first come first served basses. So few weeks ago 3 disabled bays appeared painted on by the housing association henchmen. There is only 1 disabled person in the whole development.
How do you know this?And what does a disabled person look like?
tvrgit said:
If this car park is an adopted road, or a road open to access by the public (for example does it have adopted street lights), then it doesn't matter who owns it, who has freehold, nothing else. If it's still a "highway" as per the OP then nobody is allowed to control parking on it except the local authority, and they can only do so by making a Traffic Regulation Order.
the local authority was out last year filling in pot holes. So its clearly still on there maintenance radar. However they know nothing about disabled bays. In fact they said its a road to service the rear of the flats. As there used to be council houses on the grass area at the back of the flatstvrgit said:
If this car park is an adopted road, or a road open to access by the public (for example does it have adopted street lights), then it doesn't matter who owns it, who has freehold, nothing else. If it's still a "highway" as per the OP then nobody is allowed to control parking on it except the local authority, and they can only do so by making a Traffic Regulation Order.
the local authority was out last year filling in pot holes. So its clearly still on there maintenance radar. However they know nothing about disabled bays. In fact they said its a road to service the rear of the flats. As there used to be council houses on the grass area at the back of the flatsDrMoriarty said:
tvrgit said:
If this car park is an adopted road, or a road open to access by the public (for example does it have adopted street lights), then it doesn't matter who owns it, who has freehold, nothing else. If it's still a "highway" as per the OP then nobody is allowed to control parking on it except the local authority, and they can only do so by making a Traffic Regulation Order.
the local authority was out last year filling in pot holes. So its clearly still on there maintenance radar. However they know nothing about disabled bays. In fact they said its a road to service the rear of the flats. As there used to be council houses on the grass area at the back of the flatsThe local authority have powers under Section 69 of the Road Traffic Regulation Act 1984 to serve notice requiring unauthorised signs or markings to be removed from roads in their area, and if they are not removed within the time specified, to do it themselves and recover their costs.
The previous poster was right though - beware before you complain, you might prefer the status quo to the solution the local authority might come up with.
king HGV drivers, overtaking up an incline, causing the traffic to tailback for miles and mile, christ, I was once held up by the ONE truck for 6 hours whilst it overtook!dont intend complaining, or parking in them willy nilly. Only when i drop of my wee boy the car park can be full apart from these spaces. So will prob start to use them for dropping of the wee man. Just a typical Scot really, dont like doing what someone tells me unless i REALLY have too 
DanielJames said:
Neither are illegal, just bad manners
On a street, a council enforced disabled bay is "illegal" to park in without a blue badge AFAIK, well not illegal, but you'll get a ticket which is hard to get out of, disabled, and parent and child spaces in private carparks are fair game though, and you'll get a ticket but is easier to ignore.See this is weird (and strangely topical as ours was only repainted last week)
My mum has a disability and the space immediately outside the house is a marked bay. Ours is marked out in thick yellow lines and also has a sign, if people park there who are not disabled I understand that the local authority have the power to move them on (and we have had this done now on 2 occasions).
My elderly next door neighbour who, upon seeing this bay when it was first painted some 6 years ago, also got one painted outside her house. She is not registered disabled however.
Her bay is painted in thin white paint, with no sign. Hers was not repainted last week when ours was, suggesting that it's not the same.
I don't claim to know how different they are, but I've always thought it was a bit odd....
My mum has a disability and the space immediately outside the house is a marked bay. Ours is marked out in thick yellow lines and also has a sign, if people park there who are not disabled I understand that the local authority have the power to move them on (and we have had this done now on 2 occasions).
My elderly next door neighbour who, upon seeing this bay when it was first painted some 6 years ago, also got one painted outside her house. She is not registered disabled however.
Her bay is painted in thin white paint, with no sign. Hers was not repainted last week when ours was, suggesting that it's not the same.
I don't claim to know how different they are, but I've always thought it was a bit odd....
D1bram said:
OT, but I knew you were Scottish from your first line of your OP.
Why do the Scottish use the term 'stay' and the English the 'live' to mean the same thing?
Might have to post it in the things you always wanted to know thread
'cos 'stay' is more temporary, and Scots are used to having stuff taken away from them without warning - usually by the English AMIRITE!!!!!11!1!!one!Why do the Scottish use the term 'stay' and the English the 'live' to mean the same thing?
Might have to post it in the things you always wanted to know thread
I'm pretty sure that parent and child spaces have no legal force, but I'm never sure if I'm still allowed to use them if I'm taking my elderly parents to the shops. We're all someone's son or daughter after all. It's always frustrating when I go to the supermarket in my sensible family car with my little one and all the parent and child spaces are taken though - you really need that extra space when trying to open the doors of the XKR wide enough to get the sprog out...
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