Thread: Disabled badge holder issued with parking ticket

Hi there.
I am a blue badge holder and after driving around twice in Leicester City Centre to try and find a paking space I gave up and parked in a loading bay which was opposite the disabled spaces which were full. The badge was in full display.
This was for the purpose to return an item to the shop directly opposite.
On coming out of the shop I found a ticket being issued, the vehicle was logged five minutes before. I argued that at the time that there were no spaces available but the warden said if I called the telephone number on the back of the ticket he would gurarantee that it would be cancelled as I have a blue badge.
I did so but was told that this was not the case.
The thing that infuriates me is that the main run of spaces are occupied on a lot of occasions as a pick up point for people picking up people coming out of the argos opposite.
Another time a man in a 4X4 was sitting in about the only available disabled space I could find making a phone call with no blue badge and I pointed this out to a passing traffic warden as I had been looking for a space for a good while. He said he wouold go and have a look, got half way down to where the car was then just turned back and walked off in the opposite direction.
What are the legalities of this as the warden said i could park on a double yellow if I wanted to but seeing as Leicester is increasingly pedestrianised I do not think this appropriate as I would more than likely be causing an obstruction.

Similar Threads:

• Parking ticket whilst displaying disabled badges
• Pcn Issued For No Disabled Badge Displayed
• Parking ticket when disabled badge displayed
• Parking ticket issued but need help
• Parking ticket/misuse of blue badge

You cannot use a Blue Badge in a loading bay which is why you got the ticket. You are meant to get a booklet when you get the badge explaing where you can and cannot park if you didn't here is a copy online...

http://www.kingston.gov.uk/bluebadge...iesdft2007.pdf

If you were returning an item to the shop, were you not loading?

Originally Posted by adamna

If you were returning an item to the shop, were you not loading?

How can you be returning something to a shop and loading at the same time?

Originally Posted by green_and_mean

How can you be returning something to a shop and loading at the same time?

OK - unloading

Originally Posted by adamna

OK - unloading

I wasn't being pedantic, loading/unloading is the only activity permited in a loading bay. Time required to check paper work is acceptable but time to buy or exchange items in shops is not considered part of the loading process and a driver is required to park elsewhere if this is the case.

Can you point me to the legislation on that? My understanding is that if you buy an item, and then need to return to load it, it's legitimate. Equally, if you have pre-arranged the return of a large item, parking in a loading bay to effect the physical return would be allowed. Loading does not only apply to trade vehicle does it?

I don't know the details of the OP's circumstances, but can imagine a scenario that would be legitimate, because I have an imagination.

To the OP.
Returning or collecting an item from a shop, even using a private vehicle, is considered loading or unloading & is permissible under the regulations. However if what you were doing was not evident to the warden because your vehicle is a private car, then they are within their rights to issue the ticket & it's up to you to appeal remembering to provide evidence of your assertions

Originally Posted by adamna

Can you point me to the legislation on that? My understanding is that if you buy an item, and then need to return to load it, it's legitimate.

Using that logic anyone going shopping can park on yellow lines or loading bays providing they buy something that needs to be put in the car? The parking must be for the purpose of collecting and loading the goods and any paperwork, selecting the goods ie shopping is not covered there are numerous cases to back this up.

SPRAKE - V - TESTER
This was a case where a motorist went into a shop, bought six champagne glasses packed into a parcel about a foot each way and returned and put it in his car. There was an exemption in the local order for the loading and unloading of goods. The High Court rejected the argument that anyone putting into his car something bought from a shop was covered by the exemption. It was held that this kind of transaction was not within the intention of the exemption although the fact that the vehicle in question was not a goods vehicle was not of itself fatal.

Loading and unloading is a complicated issue with various factors needing to be taken into account, such as the nature of the item. If the OP for example was returning a book it would very likely to be rejected however if it was a TV it would very likely win on appeal, providing that only a 'reasonable' amount of time was used in returning the goods. What constitutes 'reasonable' is open to discretion and takes into account the circumstances.

Agreed green & mean It would depend on the item being collected, particularly it's bulk, I would also expect, even if large, that the purchase would have to have been agreed prior to parking

Would there be an extra allowance made for the fact that this person is disabled, therefore the size/bulk of the goods could be lesser than might normally be considered?

I would imagine there are a number of factors that could be used in mitigation, disabled being one. However even if the person did display their badge without informing the warden of their need to park in a loading bay than they breached the terms of issue of their badge.

I like most people hate traffic wardens but even I don't expect them to be mind readers

Just being nosey. Where you parked in the loading bay of the shop you were actually returning the item to or were you in another shops loading bay?

Originally Posted by wino

Just being nosey. Where you parked in the loading bay of the shop you were actually returning the item to or were you in another shops loading bay?

Shops do not own loading bays on the highway they are for anyone to use although often Councils will take into consideration the location of businesses when placing them.

Originally Posted by JonCris

However even if the person did display their badge without informing the warden of their need to park in a loading bay than they breached the terms of issue of their badge.

What?
Anyway, he didn't meet the warden until after receiving the ticket.
And he doesn't have to rely on the blue badge for loading.

Just to clarify why BB holders cannot park in loading bays. All vehicles can load or unload on yellow lines and in many situations such as gaps in between bays that is why they are there. BB holders can however park on these lines and usually fill up all the spaces particularly outside shops preventing goods being delivered or collected. In situations like this loading bays are the ONLY place that goods vehicles can park to go about their business. If BB drivers parked in the bays there would be no where at all to unload safely.

Are you saying that if a BB holder cannot find anywhere to park, and they are loading, they cannot use that space? If they were to remove the badge they could, so you are saying that the offence was to display the blue badge in a loading bay?
The arguments that are rational in their mind are a separate issue.
Where is he/she anyway?

Originally Posted by adamna

Are you saying that if a BB holder cannot find anywhere to park, and they are loading, they cannot use that space?

I said they cannot PARK in the bay not load or unload!

got one myself the other week in chesterfield for same thing traffic warden was suprisingly helpful told me to write a letter explaining what had happened and be apologetic said they are usually ok with bb holders if first ticket recieved a letter saying fine is quashed and to beware of rules of bb parking