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The Consumer Action Group
> Parking / Traffic Offences

Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 14th June 2007, 22:33   #1 (permalink)
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Default Parked in a disabled bay(accidentally) - but is it a bay?

Hi Everyone,

I parked in a disabled by completely by accident. I drove past it, then reversed in to it and didn't see any sign in front or on the ground until I come back to find the traffic warden photographing my car.(there was no sign other than on the ground)
He told me to appeal it because there was no sign above the bay, but he hadn't been told not to issue tickets so he had to issue one!
I have taken photos of the disabled bay. It doesn't have complete lines, in fact it looks like a disabled sign is painted in the middle of the car park on its own...
(how do I attached picture?)
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Old 14th June 2007, 22:37   #2 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

I suggest that you just pay up and hope that you did not deprive a real disabled person of the space.
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Old 14th June 2007, 22:49   #3 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

I didn't see the sign on the ground because I had already driven past it(over the yellow lines) then reversed in to it. There were no other signs...

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Old 14th June 2007, 22:50   #4 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

I would not of parked in a disabled space if I had known it was one.
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Old 14th June 2007, 23:37   #5 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

have you ever parked there before? is it in your local area?
personally i dont believe you.
and i dont think there being or not being a sign matters
its a privately run car park, not council.

there is a sticky though that you might wish to follow that could help.

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Old 15th June 2007, 00:12   #6 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

What sort of car park is it, no_lines (The sign in the second picture looks pretty council-ish to me...)?
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Old 15th June 2007, 13:26   #7 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

If you couldn't see this was a disabled spot then how on earth do you manage to operate a vehicle safely ?
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Old 15th June 2007, 13:31   #8 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

If you couldn't see that when you drove past before reversing in, then it was either very dark or you ought to see an optician!
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Old 15th June 2007, 15:23   #9 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

I'm completely amazed that people actually don't believe me.

A car was coming out of the car park to the right of me. I drove over the gutter/ grate as shown on the picture. I then noticed the space behind me and to my left. I reversed in to it. How can I see the disabled sign?
I have a 2 year old child and wish traffic wardens would book people for parking in parents and child spaces without a child. I have nothing against traffic wardens whatsoever.
My issue is the bay wasn't marked clearly in fact the whole car park doesn't have any clear bays marked. I did not park there on purpose, there were other spaces in the car park and it was a genuine mistake.

This is a council run car park which has parkwise to 'police' it. I have only parked there a couple of times before but it is local to me.
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Old 15th June 2007, 17:13   #10 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

Quote:
Originally Posted by no_lines View Post
I have a 2 year old child and wish traffic wardens would book people for parking in parents and child spaces without a child.
The simple reason that this is not possible is that such spaces have no legal basis whatsoever.

They are a marketing ploy by the supermarket/landowner concerned.

If this is a council car park 'policed' by Parkwise, then no traffic warden is involved. Your ticket came from a parking attendant (they have different powers from a TW).

You need to scan your ticket, remove personal details and post it on here - then we can see if it has any faults.
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Old 15th June 2007, 17:38   #11 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

I will scan it in later but it says it is 1991 act, no 87 parking in disabled bay without permit.

What I really want to know is - because the bay wasn't marked correctly is it still classed as a disabled bay? Is there something that needs to be there to classify it as a disabled bay? Extra sign etc. I genuinely didn't see the marking on the ground because I reversed in as previously stated.
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Old 15th June 2007, 18:25   #12 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

Can I just clarify a point here. Did you park in the space with the very large disabled marking on it? If you did then you have no excuse or defence whatsoever, irrespective of who it is run by.
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Old 16th June 2007, 11:01   #13 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

Quote:
Originally Posted by Monty2007 View Post
Can I just clarify a point here. Did you park in the space with the very large disabled marking on it? If you did then you have no excuse or defence whatsoever, irrespective of who it is run by.
On what legal grounds is there no defence?

Never mind the moral outrage because of somebody apparently able-bodied parking in a "disabled" bay; what legal grounds?
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Old 17th June 2007, 14:08   #14 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

Firstly, as I am sure you know, moral gounds do not come into it. This is about enforecemnt of regulations relating to a parking bay that is specifically labelled as for use by disabled drivers (i.e. those who have a bonafide disabled parking badge). Just saying "I did not see it" is hardly a defence or accepable under "my moral code".

My view is the opposite of your since I know a disabled driver and sometimes they cannot park since some selfish individual who has no disabilities has parked in a disabled bay. I think there should be more enforecement of disabled bays and much, much havier fines for those who flout this.
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Old 17th June 2007, 18:52   #15 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

Quote:
Originally Posted by Monty2007 View Post
Firstly, as I am sure you know, moral gounds do not come into it. This is about enforecemnt of regulations relating to a parking bay that is specifically labelled as for use by disabled drivers (i.e. those who have a bonafide disabled parking badge). Just saying "I did not see it" is hardly a defence or accepable under "my moral code".

You mention the specifically labelled parking bay, which if you have read what I described, I could not have seen. It was not 'clearly' defined as being a disabled bay. I will be taking the issue up with my local councillors to make sure the carpark is clearly maked so it doesn't happen to anyone else.
I can imagine how it is easy for the unintelligent to make assumptions about another persons morality in forums because this doesn't come across in a few lines of text. I would never park in a disabled bay and don't know anybody who would who didn't need to. If you don't have anything useful to say monty go back to talking about the credit cards bills that you haven't been paying.
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Old 17th June 2007, 19:09   #16 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

Quote:
Originally Posted by Monty2007 View Post
Firstly, as I am sure you know, moral gounds do not come into it. This is about enforecemnt of regulations relating to a parking bay that is specifically labelled as for use by disabled drivers (i.e. those who have a bonafide disabled parking badge). Just saying "I did not see it" is hardly a defence or accepable under "my moral code".

My view is the opposite of your since I know a disabled driver and sometimes they cannot park since some selfish individual who has no disabilities has parked in a disabled bay. I think there should be more enforecement of disabled bays and much, much havier fines for those who flout this.
That hardly seems constructive and you also contradict yourself. You say that "moral grounds do not come into it" then say that you are all for harsher enforcement on the basis that you have a disabled friend who sometimes cannot park.

Ignore the fact that this is a 'disabled' bay and ask whether if it were a matter of a CPZ with double yellow lines which were inadequately painted, or another restriction where signage was not lawful then would you be more prepared to be constructive rather than merely post in order to slate the OP?
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Old 17th June 2007, 20:32   #17 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

I am not sure where you see the contradiction?? This person has clearly parked in a disabled bay, abeit she did not see the sign - though this seems clear enough to me.

My other point, which you believe is contradictory, relates to bonafide DISABLED people who find that the limited number of disabled spaces available are quite often taken by people who can't be bothered to comply.

I am sure she is telling the truth, but I just cannot see that she has any recourse given the photos. Sorry not to be constructive but I live in the real world and I am giving my view as I see fit.
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Old 17th June 2007, 20:37   #18 (permalink)
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Default Re: Parked in a disabled bay(accidentally) - but is it a bay?

Ouch, for your information I have actually PAID my credit cards bills. The problems I had (past) were due to redundancy (i.e. no fault of my own).

Try to grow up and get your facts right in future.

I expect you are just looking for sympathy....