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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

What does the law say about Disabled Parking Spaces

36 replies

LordOfTheFlies · 11/05/2011 13:27

Just reading a thread about TheFirstMrsDeveres OH and his space being taken has inspired me to go onto web to find out:
a/ if someone has a disabled parking space but they don't drive maybe family drive them when able to, how does the law stand when a visitor uses the space.
b/ if the resident lets them use the blue badge is this contravening its use eg the visitor is not disabled.
In my work NHS I visit patients at home and our trust gives us no parking concession,so we have to park like anyone else,sometimes waling a fair distance with large bag,notes,etc. BooHoo I know thats the way it is and patients are always surprised that we don't have permits.
SO to get to the point:If a patient has a disabled space,empty,and I am going to see that resident and have their permission, am I breaking the law? Do I need to put the blue badge in my car?
Please don't give me any moral advice about I'm fit I can walk,I'd never use a space any other time , but legally. Any traffic wardens out there?

OP posts:
DingDongMerrilyOutOfSeason · 11/05/2011 13:41

I was told by the hospital when ferrying my grandparents around that I could use their blue badge whenever I was doing something for them, so I could park with them in the car outside the hospital or I could use the disabled space outside their house to unload shopping. I have never, and would never, use it in a supermarket car park or on the street etc without them in the car though as I can walk there. I use it outside their house because it is pay and display and I will not pay to deliver them their shopping and was told this was ok. However I am aware it was not legal advice, just what the hospital advised when we were talking about their day to day needs.

TandB · 11/05/2011 13:45

No, you can't use a blue badge if you are simply visiting a badge owner. You have to be actually transporting the badge holder.

AMumInScotland · 11/05/2011 13:49

From the DirectGov website:

The Blue Badge is for your use only, it is an offence to allow other people to use the Blue Badge to:

do something on your behalf such as shopping whilst you stay at home
allow friends or family to park for free even if they are visiting you
let non-disabled people take advantage of the benefits while you sit in the car

So, no you are not legally allowed to use the badge when visiting.

And DingDong isn't covered for unloading shopping (though loading/unloading rules might be enough to make it ok anyway)

You can only use it when you are taking the badge-holder somewhere.

anewyear · 11/05/2011 13:53

Kungfu - are you sure, I only ask as I will be taking my dad to the Acute Admissions Dept - Cardiology in a couple of weeks for tests,
Dad been told hes not allowed to drive after the tests, so Parents have asked me to take them and bring them back, can we use his blue Badge then whilst we are there?

Sidge · 11/05/2011 13:54

And the badge holder has to leave the vehicle once you've parked in a Disabled space.

So the able-bodied driver can't park in the disabled space leaving Granny (BB owner) in the car whilst driver pops to the cashpoint.

anewyear · 11/05/2011 13:54

Oh, Ill be driving my car, not his does that matter do you know?

Birdsgottafly · 11/05/2011 13:54

You would have to take direction from your employers guidelines even if the law said that you can do something. You will have someone that you ask these things of, it varies between departments.

DingDongMerrilyOutOfSeason · 11/05/2011 13:54

anewyear, you will be transporting the badge holder in this case so it will be fine.

Sidge · 11/05/2011 13:55

anewyear yes you can use his BB as long as he leaves/returns to the vehicle.

He doesn't have to be driving it.

Sidge · 11/05/2011 13:56

And yes you can use it in your car - the BB is for the person not the vehicle.

narna · 11/05/2011 13:59

It is not against the law to park in a disabled bay outside someones house.It should be but it isnt,it relies on the goodwill of none badge holders...

Original poster
LordOfTheFlies · 11/05/2011 14:01

Thanks everyone for the quick response. I'm mainly concerned about using the actual space which is empty, not the badge . As I mentioned our Trust doesn't give us any permit or even an NHS employee sticker for the car (though I'm dubious about those because I don't want my car broken into if someone takes into their minds I have syringes). I usually put a note in my car and Hope there are no traffic wardens or 'parking enforcement agents'. Suppose now I can't plead ignorance.
BTW where I work is a blighter to park I'm not just being lazyBlush

OP posts:
bubblecoral · 11/05/2011 14:04

I'm finding this confusing, I thought it was ok for people to use blue badges if they were visiting. My Granny has a blue badge but doesn't drive, and she tells us to put it in our car if we are visiting, so I just assumed Granny was right. She usually is! Grin

She was also able to nominate people to be excused the congestion charge in London, so my Mum never has to pay it. We have to travel through central London to get to my Granny's, but I don't think my Mum pays congestion charge even if she's not visiting her because she was nominated.

DingDongMerrilyOutOfSeason · 11/05/2011 14:05

With parking at £2 per hour (and no option to pay for less than half an hour) family would be skint everytime they dropped off shopping/meals/prescriptions and only stay 10 mins. I could not afford it. (And yes, I know it's only a pound, so a few quid a week, but we are watching the pennies and I would, and it sounds terribly selfish, be inclined to try to save everything for one day rather than dropping things round as and when they need them)
Although if it is against the law, I will not do it. I will contact the council though and ask what they are going to do to provide my GPs with these services. Bet they would prefer the blue badge was used for a few minutes every other day than pay for council help!

This doesn't actualy apply at the moment, I was staying near gps and am not now but there are loads of other people who do these things for them who should know about the law.

Original poster
LordOfTheFlies · 11/05/2011 14:06

Narna, a patient did tell me this a few years back ( that our borough where I work says they are a courtesy not enforceable) which is why I've done it in the past.As I said I would only do with permission, and only the patients space.Maybe different areas have different rules?

OP posts:
Sidge · 11/05/2011 14:07

Bubblecoral I don't know about congestion charging but your granny is wrong on this occasion re parking - you can't use her BB in your car to park outside when you are visiting.

Original poster
LordOfTheFlies · 11/05/2011 14:19

DingDongMerrilyOutOfSeason, maybe hospitals are a different case because they are classed as private ( as i was told when my car was damaged in a hospital car park,therefore normal rules don't apply, or some such guff) Confused

OP posts:
bubblecoral · 11/05/2011 14:26

Fair enough. I'm not sure I'd be brave enough to tell her though!

Where she lives it's all residents parking only, and there simply isn't anywhere else to park within walking distance. There are traffic wardens there all the time though, I've seen them looking at DH's car with the blue badge in it and it's been left alone.

Wrong or not, I'm not going to stop using it to visit my Gran. We travel 2 hours to see her, usually go in for a cup of tea, take her out to lunch, go back for another cup of tea and then leave.

The alternative would be ridiculous. It would mean parking the car, getting on the bus or a tube to get to her house, going back to get it to collect her so that we could go out, then doing the whole thing in reverse. Or we would sacrifice the cups of tea and travel all that way to just take her out and we would be unable to spend any time at all in her house with her.

TandB · 11/05/2011 14:31

No, you definitely can't use a badge just because you are visiting someone who has a badge. I used to prosecute blue badge fraud and dropped a case involving this sort of thing because I was satisfied it was a genuine mistake and the person was providing assistance to the badge holder. But the person was told not to use the badge again.

My understanding of the congestion charging waiver is that it is done on the basis that cars which the badge holder might be travelling in, or which might be travel to pick her up, are exempt. It shouldn't technically apply to someone just driving around on their own business but wouldn't be enforceable as the congestion charging works on the basis of number plate recognition.

You can use it if you are transporting the badge holed in any vehicle so hospital appts are fine.

MABS · 11/05/2011 14:52

Bubble - granny is wrong about congestion charge too i afraid. disabled person must be in the car we were advised.

narna · 11/05/2011 14:57

Bubblecoral can understand your dilemma but if you get caught you are committing a criminal offence and can be fined up to £1000. Im not saying its right and obviously its up to you to decide if its worth the risk but my DD has a blue badge and thats what it says in the literature .;.

SuchProspects · 11/05/2011 15:52

If Bubblecoral is picking up her Gran and taking her out then bringing her back, she is using the car for the benefit of the blue badge holder isn't she?

aliceliddell · 11/05/2011 15:54

Does anyone believe it is un/reasonable that there is no concession made for visiting/shopping for the disabled person? What is the general range of opinions?

Blu · 11/05/2011 16:04

A Blue Badge space outside someone's house isn't specifically for them.
It is put there for convenience because they need one, BUT any other BB holder can park there.

Narna - you would get a parking ticket on our area of London if you parked in a Disabled Bay without a Blue Badge!

Bubblecoral- if you are going in to collect your Gran to take her out, and then parking to bring her home, then I would say that is allowed, since while the car is parked there, she is getting in it, then when you get back, getting out!

MrSpoc · 11/05/2011 16:06

My understanding is that you can use the blue badge and space if you are doing something for the disabled person i.e taking them to doctors, shopping etc but you cannot use them if you are on your own and not doing anything for the disabled person.

Shopping car park spaces have not legal standing and is down to the shopping retail store to enforce.

Disabled parking spaces on residentail roads (the ones you can pay the council to paint outside your own house) have not legal standing and anyone can use them.