Fine/points for parking in disabled bays

[Ashley Hopkins]

Can someone tell me please what is the fine/points if you park in a disabled bay without displaying a blue badge. I am disabled and am fed up with seeing people parked in these bay without a blue badge.

[sailor sam]

If a car is parked in a correctly signed disabled bay on a public road without displaying a vaild blue badge, it would be liable for a PCN. I don't think the offence carries penalty points though. However, if the same occurs on a private car park (e.g. Tesco's), there isn't any legal way of charging a penalty.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Bernie_the_Bolt]

PC or PCSO can issue a FPN for unnecessary obstruction.

The car could also be towed.

[Al27]

Hi Ashley

 

Please tell us about the bays you're having problems with. Are they on the road or on private land?

[kiptower]

There is also the problem of when Councils put what are called concessionary bays, e.g., out side your house etc which are not subject to a traffic order ( Councils will mark out a bay but do not apply for a traffic order for it , saving £400 + plus by not making an application etc ) you can normally spot these as there will be no pole/plate on the wall with sign stating the restriction etc, only the word disabled within the box, these are not subject to enforcement, they are no more than a chocolate teapot, and many motorists do know they can be not be enforced.

 

I would be very rare Points being awarded via a Court for parking in a DisabledBay, a normal Fixed Penalty Notice or a decimalised Penalty Charge Notice does not carry points.

There is also the problem of when Councils put what are called concessionary bays, e.g., out side your house etc which are not subject to a traffic order ( Councils will mark out a bay but do not apply for a traffic order for it , saving £400 + plus by not making an application etc )

 

Basically it means

 

you can normally spot these as there will be no pole/plate on the wall with sign stating the restriction etc, only the word disabled within the box, these are not subject to enforcement, they are no more than a chocolate teapot, and many motorists do know they can be not be enforced.

 

I would be very rare Points being awarded via a Court for parking in a DisabledBay, a normal Fixed Penalty Notice or a decimalised Penalty Charge Notice does not carry points.

 

As already pointed out on private land / private car parks the Blue Badge Scheme does not apply, official Council car parks however normally will apply

 

[dragonkeeper]

Hi Kiptower

 

you seem to have a word type echo in your last posting

you seem to have a word type echo in your last posting

 

dk :grin:;-)8)

[kiptower]

it was when I spell checked it in WORD, thanks

[Karen Passmore]

I am a disabled driver and want to see the whole system revamped to stop those obtaining one of the strength of a Doctor's letter, it should be limited to those who genuinely cant walk, and in receipt of DLA Mobility at higher rate.

 

The punishment I would like to see for those who abuse the bule badge parking system is simple and would be highly effective, forget fines, the rich arent bothered, lets take away their driving licences, make them sit an extended driving test (~like drunk drivers have to~) and sting them on insurance for about 10 years, perhapsm that might make them think twice before they park in a blue badge bay again

 

Karen Passmore

[kiptower]

no it would not be fair, there are many that fall short of the high rate mobility award, through no fault of their own so there is a need for the intrim system, there are many cases where age and heart problems cause mobility problems, but fall short for DLA high rate, and the catch 22 situation where the person reaches 65, then becomes disabled and cannot claim DLA

 

also one should always remember disability is not always a visual thing

 

yes their are those that [problem] the system in getting a blue badge via their doctors, and there are those that know how to [problem] the system and get high rate DLA

 

and before you comment yes I am disabled and have a full blue badge, and I would do anything to get my health back and not have to use the badge

[crem]

A very subjective point of view.

[sailor sam]

Didn't know drunk drivers had to take an 'extended driving test'.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[TheBogsDollocks]

PC or PCSO can issue a FPN for unnecessary obstruction.

 

I'm not being flippant but is this true?

 

The only reason I ask is that my knowledge of FPN's is very limited but it seems odd that a vehicle parked in a legitimate parking place can be considered as obstructing the highway. It would not make sense to place a parking bay where it may cause obstruction.

[crem]

Didn't know drunk drivers had to take an 'extended driving test'.

 

They don't necessarily. It's not mandatory and only happens if it's specifically included in the driving ban.

[Bernie_the_Bolt]

I'm not being flippant but is this true?

 

The only reason I ask is that my knowledge of FPN's is very limited but it seems odd that a vehicle parked in a legitimate parking place can be considered as obstructing the highway. It would not make sense to place a parking bay where it may cause obstruction.

 

A person who is not entitled to park in a bay is obstructing those who are.

[TheBogsDollocks]

A person who is not entitled to park in a bay is obstructing those who are.

 

So technically the Police can serve FPN's for obstruction on those who park in disabled/resident bays without a permit, those who park beyond limited waiting time, those who park beyond P&D expiry time, those parked in loading bays without loading, those parked in no loading areas, those parked in suspended bays, those parked adjacent to a dropped footway, those parked on a taxi rank, those parked on a bus stop, etc, etc..... as they are all obstructing other vehicles.

 

Sounds like parking is not as decriminalised as I thought. All the Police need to do is use the description "obstruction".

[dragonkeeper]

morning all

I phone police every time that a motorist obstucts my driveway, they send an officer to attend (time wise depending on other more pressing police issuse's).If the motorist leaves before police arrive I phone them back and cancel the call. I also get a crime number for the offence.

 

regards

 

dk

[hanley duck]

...and sting them on insurance for about 10 years

 

Can't agree with that bit. Why should insurance companies benefit? They make enough profit already.

[lamma]

morning all

I phone police every time that a motorist obstucts my driveway, they send an officer to attend (time wise depending on other more pressing police issuse's).If the motorist leaves before police arrive I phone them back and cancel the call. I also get a crime number for the offence.

 

regards

 

dk

 

only when you are blocked in I hope.

[Surfer01]

There are many people who can walk like myself, but who have to use elbow crutches because we cannot take our mobility scooter with us.

Then there are others who can walk but only a short distance before they are breathless perhaps due to a heart condition.

Also what about those that can walk but cannot carry anything like shopping?

Should they and myself be penalised because we can "walk" even though it si only a short distance?

 

I agree that there are some that may be pulling the wool over the eyes of the issuing officer.

I think that in the main it is people who have a relative with a blue badge and that is where the abuse comes in.

 

If you are the driver and disabled and someone does the shopping for you while you remain in the vehicle you should not be entitled to use the disabled bay.

 

Of all the supermarkets, I think that Morrisons have the least disabled bays.

[my-spirit-soars-free]

If you can walk, but not carry, then you do not qualify for a blue badge under the current rules in this area.

 

If you can only walk a short distance you will qualify for DLA higher rate mobility - I get it, and I can walk round the car to the hoist to get the wheelchair out.

[kiptower]

with the [problem] of ATOS doing the medical for DWP their are many that should qualify for the higher rate DLA , but instead they get told they are fit to return to work and loose their DLA, so the the BADGE via a doctors cert is the only way they get what they should

[sailor sam]

A person who is not entitled to park in a bay is obstructing those who are.

 

This may be so, but it dosn't consitute the offence of 'causing an un-necessary onbstruction'. This applies to obstructing the normal flow of traffic, for example; double parking.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Bernie_the_Bolt]

This may be so, but it dosn't consitute the offence of 'causing an un-necessary onbstruction'. This applies to obstructing the normal flow of traffic, for example; double parking.

 

No.

 

I think you will find that this is a more accurate definition:

 

An unnecessary obstruction, is any vehicle/object that is on a road and is not moving, other than in the normal flow of traffic

 

Which is itself shorthand from Road Vehicles (Construction and Use) Regulations 1986 which says in reg 103 "103. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction."

 

It is not just traffic who are entitled to use the roads and who may be obstructed.

[sailor sam]

This is the specific offence I quoted for causing an un-necessary obstruction and you seem to relate it to parking in a disabled bay when not entitled to do so.

 

The latter is covered by the PCN code; 40 Parking in a designated disabled person’s parking place without clearly displaying a valid disabled person’s badge. Thus the offence does not come under 'causing an un-necessary obstruction' as you seem to suggest,

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Bernie_the_Bolt]

You are not recognising that while police cannot issue PCNs under civil parking enforcement they can issue FPNs under the criminal law. The two systems can and do overlap.

 

Any vehicle parked on the road could in certain circumstances be causing an unneccessary obstruction. A PC or PCSO receiving a complaint from a disabled person that a car, failing to display a disabled badge is parked in a disabled bay is entirely at liberty to issue a FPN under the criminal law.