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Original poster

Neighbour abusing his disabled bay

16 replies

girlsmum · 05/02/2015 17:14

Just wondering if anyone had any idea of what the legal position of this is...

My neighbour (is a local councillor) has a disabled bay down our road. Our road is heavily congested and we all struggle to park.

His daughter has moved in opposite to his house one week ago. The neighbour has taken to leaving his disabled bay free, by parking elsewhere along the street and leaving the disabled bay free for his daughter (who is not a blue badge holder), when she gets home from work/shopping or where ever, she has a guaranteed space.

This is very irritating as our small road does not ever use his bay, we respectfully keep it clear for him. However I feel he is abusing his bay. Is there any legal position of this?

Thanks

OP posts:
Floralnomad · 05/02/2015 17:20

Personally I would film him parking further away and walking to his house whilst the bay is free and send it to whoever deals with these bays at the council . If you could do it several times and then send all the footage that would be better.

MrsKCastle · 05/02/2015 17:21

Well your neighbour doesn't HAVE to park in his bay- he's entitled to park there or in another space. However, if his daughter parks there without a blue badge, she is surely parking illegally and could be given a fine?

HSMMaCM · 05/02/2015 17:24

And what floral said ... If he can park further away, then does he need a disabled bay at all.

AMumInScotland · 05/02/2015 17:30

Legally, 'he' doesn't have a disabled bay. There is a disabled bay outside his house, which can be used by any person with a blue badge, and not by people without one. It doesn't 'belong' to him, even if they put it in specifically because a disabled person lives there.

How about taking pictures of how 'someone' repeatedly misuses the space and report them for it? You don't have to let on that you know it is his daughter or that he 'lets' her park there - legally it's not up to him to let anyone park in a disabled bay.

Original poster
girlsmum · 05/02/2015 17:59

Thanks for your replies.

Who would you report him too?

Am I right in thinking anyone can park in a disabled bay? Blue badge or not?

OP posts:
prh47bridge · 05/02/2015 18:08

Am I right in thinking anyone can park in a disabled bay?

It depends whether it is an advisory bay or an enforceable one. If it is enforceable one there will be a sign next to it saying "disabled badge holders only". If that notice is present the council can issue a penalty charge notice to anyone who parks there without displaying a valid blue badge. If it is an advisory bay there is no enforcement.

APlaceInTheWinter · 05/02/2015 18:23

There are different types of disabled bays when they're connected to housing. He may not be abusing it at all. My DF had one. Family could use it and you didn't need a blue badge. My DM paid a small monthly fee for it and the wheelchair sign was on the space to ensure it was always available for DF because it was in close proximity to his house. It would have been perfectly legal for us to park in it because obviously we would be able to move if DF needed us to.

I doubt you know the detail of your neighbour's needs or contract.

FryOneFatManic · 06/02/2015 21:47

If the bay in on the main road, it won't necessarily be just for him. In my area a disabled bay can be used by anyone with a blue badge, not just the householder.

So, if it's enforceable, the his DD is using the bay illegally as she doesn't have a badge.

If it's not enforceable, any one of you can park there, can't you.

rinabean · 06/02/2015 21:48

Not parking in his space isn't "respectful" it's only the baseline of what anyone ought to do. Don't pat yourself on the back like that

BoneyBackJefferson · 07/02/2015 20:47

He may be stating/claiming that she is providing him with transport.

prh47bridge · 07/02/2015 21:04

It is probably an advisory bay - most such bays on residential streets are. That means it isn't enforceable. He therefore does not need to state or claim anything about his daughter.

MythicalKings · 08/02/2015 14:47

Next time park in it yourself. If he says anything say that you could see he was parked elsewhere.

APlaceInTheWinter · 08/02/2015 16:30

It depends if it's a private street or adopted by the council. You see he could be paying for the space and whoever owns the road could have marked it out so no-one else parks in it. It's like having a parking permit for a specific space. If that's the case then legally he can do what he wants with the space whether than means parking in it or letting someone else park in it.

Original poster
girlsmum · 08/02/2015 19:01

Thanks for your replies.

I have asked the local traffic warden. It is not an enforceable disabled bay.

OP posts:
JellyTipisthebest · 08/02/2015 19:16

start parking in it if it a not enforceable one. When you are given one you are told to make sure its you that parks in it so neighbours get used to who parks in itt and that it is in use. I did sometimes park up the rd on double yellows or my husband did if a friend was taking me and the kids out. This was so that I could feel useful and help with car seats ect. Depending on the council you don't have to not be able to walk it could be that after a long day you could be in pain.

Reegan78 · 25/02/2021 22:00

Does it make no difference that you have to pay for a parking space outside your home?

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