Inconsiderate Parking

Densley

What you will find is many bays that Councils provide for disabled drivers outside residential properties are provided without the Council putting into place the necessary Traffic Regulation Order(TRO), theses bays would not be enforceable and any PCN issued could be challenged on the absence of the TRO. So yes it is true to say that these bays are advisory if you can be confident that there is no TRO in place. Most bays that are marked at the roadside in town centres or similar will have a TRO an can be enforced assuming they are correctly marked and signed. There is no requirement for a disabled bay to have a single or double yellow line.

/edit missed post above lol.
 
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smoothedit said:
Think I am also right in saying it is illegal to park within 10 feet of a junction unless in a designated bay?

Sooo many people ignore that one and make using the junction a lot more dangerous than it ought to be.

I have no time for people that block disabled bays...
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now i do not need a disabled bay at all. but my blood boils when i see someone use one and they really shouldn't be.

EG..fast food place today we are inside up pulls a car people inside in disabled bay just sat there eating thier food then bugger me some one else does the same thing.. and no they were not disabled. (staff member went out)

then you have my bloody father in law who has a blue badge for his car for my mother in law who uses it when she is not there (not that she bloody needs it either).. sorry to go on
 
gumbo-67 said:
now i do not need a disabled bay at all. but my blood boils when i see someone use one and they really shouldn't be.

EG..fast food place today we are inside up pulls a car people inside in disabled bay just sat there eating thier food then bugger me some one else does the same thing.. and no they were not disabled. (staff member went out)

then you have my bloody father in law who has a blue badge for his car for my mother in law who uses it when she is not there (not that she bloody needs it either).. sorry to go on
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Assuming the "disabled bay" at the fast ford place was in a private car park, as I stated in a previous post, it has no basis in law and is not in any way shape or form enforceable. Well other than by the issue of an unenforceable invoice under contract law or a wheel clamp that can be challenged on the small claims track of the county court ;)

It is common curtesy not to park in them if you do not have a blue badge but there is no statutory requirement not to do so.
 
Alot of intresting info in here going back to the OP would it have been against the law to let the air out of one or two of the tyres??
 
Keenbfb said:
Alot of intresting info in here going back to the OP would it have been against the law to let the air out of one or two of the tyres??
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Yes.

My field of expertise is pretty much confined to Civil Enforcement law (parking, moving traffic contraventions and bus lane enforcement) so I'll not stick my neck out and say for definite which law would be broken, but I am sure an inventive copper could come up with something.

As a civil remedy tortious interference comes to mind.
 
DavidMarq said:
Assuming the "disabled bay" at the fast ford place was in a private car park, as I stated in a previous post, it has no basis in law and is not in any way shape or form enforceable. Well other than by the issue of an unenforceable invoice under contract law or a wheel clamp that can be challenged on the small claims track of the county court ;)

It is common curtesy not to park in them if you do not have a blue badge but there is no statutory requirement not to do so.
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weather the law or not (no not going there) i am leaving this one.. manners and all that
 
gumbo-67 said:
weather the law or not (no not going there) i am leaving this one.. manners and all that
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Absolutely, I certainly do not advocate the abuse of a bay that is provided for the use of disabled drivers.

Parent and child bays however I consider fair game ;)
 
I got a response from the local authority that they were passing the matter over to the company to reprimand the driver concerned. I didn't here back from the company but the vehicle has parked around this way since but not over my driveway.

As for letting down the tyres. That's a case of biting off your nose to spite your face really. If I'd let the tyres down the driveway would have been blocked until a tyre company had come out to re inflate them, possibly the next morning.
 
Mike Jackson said:
I got a response from the local authority that they were passing the matter over to the company to reprimand the driver concerned. I didn't here back from the company but the vehicle has parked around this way since but not over my driveway.

As for letting down the tyres. That's a case of biting off your nose to spite your face really. If I'd let the tyres down the driveway would have been blocked until a tyre company had come out to re inflate them, possibly the next morning.
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Just out of interest Mike, what is the exact text on the upright sign in the disabled bay? It is hard to be sure from your photo but to me the sign does not look like it complies with the Traffic Signs Regulations and General Directions(TSRGD) 2002 diagram 661A.
 
david1701 said:
park in front of my drive - I walk up the road and borrow a tractor - my drive is clear and you get to play where the **** is my car followed by why does my car have fork holes in it :p
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Followed by a prosecution for criminal damage :p

Some years ago my neighbour went to work to be confronted by a BMW parked on a yellow line blocking 2ft of the gate so they couldn't get the truck out.

Their premises are right next to the railway station so it was fairly likely they guy had just got on the train.

They rang the police who weren't interested, all they said they'd do was come and put a ticket on it.

it's a builders merchants and they had deliveries to make so what they did was cover the forks on the fork truck with foam, carefully pick the car up and move it.

Problem was there was nowhere to put it so they put it on the path between a tree and a lamp post with 2 inches at either end.

It was there 3 days they on the 4th day it'd gone but there were sideways rubber marks where it looked like someone had dragged it out :LOL:
 
David,

Does this mean that a disabled bay run by a private company in a railway station is not enforceable, if not, where do they get the address for the vehicle and if it is not enforeable would that then constitute a breach of data protection. I am partially sighted but not entitled to a blue badge - but I am entitled to a disable persons railcard - but was told to park in a disabled bay at a local railway station by a railway official when we could not find another parking place. We paid for the parking although in the bay and with a blue badge it would have been free, we got a ticket, which my wife paid ander duress! She then compalined to the railway company as we had a letter from them which had been displayed in the window of the car saying they had told us to park there. The railway company actually paid us back the fine. From what you write I am guessing we could have to the car park company to go jump!
 
Densley said:
David,

Does this mean that a disabled bay run by a private company in a railway station is not enforceable, if not, where do they get the address for the vehicle and if it is not enforeable would that then constitute a breach of data protection. I am partially sighted but not entitled to a blue badge - but I am entitled to a disable persons railcard - but was told to park in a disabled bay at a local railway station by a railway official when we could not find another parking place. We paid for the parking although in the bay and with a blue badge it would have been free, we got a ticket, which my wife paid ander duress! She then compalined to the railway company as we had a letter from them which had been displayed in the window of the car saying they had told us to park there. The railway company actually paid us back the fine. From what you write I am guessing we could have to the car park company to go jump!
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Another very grey area, but as a general rule of thumb:

If legitimate enforcement is in place by virtue of the the railway bylaws, bylaw 14 iirc then parking restrictions can be legally enforced by means of Fixed Penalty Notice. These tickets will quote the railway bylaw under which they are enforced and they will lead to an appearance in Magistrates Court if not paid, where a defence can be made.

This is however not always the case and many railway car parks are subject to "enforcement" under contract law by Private Parking Companies (PPCs). In these cases a Parking Charge Notice or similar will be issued. This is in the opinion of most that understand the PPC model an unenforceable invoice and can be safely ignored.

To further complicate the issue some of these PPCs "fraudulently" quote the railway bylaws on the tickets they issue. The test to see if the ticket is genuine is whether the appeal is directly to the PPC (not genuine) or whether non-payment leads to Magistrates Court (genuine FPN under railway bylaws).

PPCs are entitled to obtain registered keepers details from the DVLA for a fee of £2.50 and this generates an income for the DVLA in the region of £6m per year. This is allowed under the DPA.

One of the problems the PPCs have however is that under contract law the alleged contract formed by the driver reading the sign can only be enforced in County Court against the driver. Obtaining registered keeper details says nothing of who was the driver at the time of parking and there is no obligation to inform the PPC of the name of the driver. Hence they have no case against the registered keeper and invariably get spanked in court in the vary rare occasions that they try it on.

/disclaimer

I am not a lawyer ;)
 
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Someone parked across our gated driveway when I was living with parents, despite the huge sign saying DO NOT PARK HERE, and the dropped kerb. It was there for about 3 hours, blocking my car and my parents cars in.

We called the police and a guy came pretty swiftly. We asked if we could forcibly remove the car without legal implication, and he said No, only in an emergency. As it happened we did have an "emergency" (I was trying to go to KFC) so me, my dad and the copper bumped the car half way down the road. Just as we had done so, some old bloke came hobbling out of the school next to the house, asking what was going on. The Policeman informed he had blocked our drive and this Old guy could care less. He said it was tough, and there wasnt anywhere else to park( which was rubbish, its a really wide long road with loads of spaces, he was just too lazy to walk)

Anyway, the policeman got fed up and gave him a ticket for the parking offence, and also for parking too far away from the kerb, as his car was about 2 foot away from the kerb.

Ive also blocked people from getting out when they have parked across the drive before. Just pull up beside them and leave the car there so they cant get out. had a great argument with a woman from that one once.
 
DavidMarq said:
Just out of interest Mike, what is the exact text on the upright sign in the disabled bay? It is hard to be sure from your photo but to me the sign does not look like it complies with the Traffic Signs Regulations and General Directions(TSRGD) 2002 diagram 661A.
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Sign by Mike Jackson1, on Flickr
 
David thank you, the car park is managed by a ppc but I cannot now remember what they actually issued us with. This must have implications for hospitals as well especially where people are genuinely unable to walk, perhaps because of illness, park in disabled spaces but without blue badges.
 
Densley said:
David thank you, the car park is managed by a ppc but I cannot now remember what they actually issued us with. This must have implications for hospitals as well especially where people are genuinely unable to walk, perhaps because of illness, park in disabled spaces but without blue badges.
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I got a Parking Charge Notice from Euro Car Parks at the Princess Royal Hospital Farnborough last week for being parked outside of a marked bay. There were no spaces available. I will ignore it and in time after several letters from the PPC and associated debt collectors to my employer, the registered keeper that will also be ignored, Euro will give up.

Your last point is a very interesting point, in that the very act of restricting disabled bays to the use of blue badge holders only is of itself discriminatory against disabled drivers that do not hold a blue badge. This is quite likely to be a breach of the Disability Discrimination Act 2005 and would thus be unlawful. It would certainly be an interesting case for the High Court to decide.
 
Keith W said:
I looked out of my lounge window once to see this guy parking his car on my driveway!
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I thought I was alone!
I came back one day to find a car on the drive, I was sure it wasn't the neigbour to left so I knocked on the neighbour on right.
Sure enough it was someone visiting them, 'there was nowhere to park' was their reply....
Never ever say something so stupid to me when doing something so stupid because every swear word comes out of my gob.
The best part was the neighbour telling me I was rude so he got a mouthful as he told the muppet to park on my drive.
 
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TCR4x4 said:
We asked if we could forcibly remove the car without legal implication
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A friend of mine from years back used to have a constant problem with idiots blocking his drive.
He would use a trolley jack to lift the rear of the car, a friend or two who help him and they'd dump the car in the middle of the road.

TCR4x4 said:
Ive also blocked people from getting out when they have parked across the drive before. Just pull up beside them and leave the car there so they cant get out. had a great argument with a woman from that one once.
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Been there and done that as well :LOL:
 
wack61 said:
it's a builders merchants and they had deliveries to make so what they did was cover the forks on the fork truck with foam, carefully pick the car up and move it.

Problem was there was nowhere to put it so they put it on the path between a tree and a lamp post with 2 inches at either end.

It was there 3 days they on the 4th day it'd gone but there were sideways rubber marks where it looked like someone had dragged it out :LOL:
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:LOL: Brilliant, fair play to them.
 
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