Disabled Parking and Supermarkets

[Huff&Puff]

Having said that, the blue badge scheme is widely abused. While waiting in a supermarket car park last weekend for the OH to emerge I saw four cars parked in disabled spaces in quick succession. All were displaying blue badges but none of the occupants - some of whom ran into the store - were visibly disabled in anyway.

 

You're not kidding there, it's getting ridiculous now. I end up queuing for a space while watching people literally sprinting to and from their cars :mad:Unless they are prepred to police the spaces by ctually checking that the genuine badge holder is actually present in the car, then this idea is just going to make things even worse :(

[Jamberson]

You're not kidding there, it's getting ridiculous now. I end up queuing for a space while watching people literally sprinting to and from their cars :mad:Unless they are prepred to police the spaces by ctually checking that the genuine badge holder is actually present in the car, then this idea is just going to make things even worse :(

 

It's a very difficult area to monitor. Misuse of a Blue Badge is one thing (ie someone other than the Badge holder using it) and is a criminal offence. You can see the problems with getting that through court, without a police officer on the spot. Another issue is fraudulent aquisition of a Blue Badge, which again is very difficult indeed to tackle.

 

In either case, reporting the matter to the Blue Badge issuer is probably best (if you have the time and inclination to note the badge number and issuing authority). They can, at least, warn the BB holder that they could lose the Badge if it continues.

[crem]

In either case, reporting the matter to the Blue Badge issuer is probably best (if you have the time and inclination to note the badge number and issuing authority). They can, at least, warn the BB holder that they could lose the Badge if it continues.

 

As we are discussing the use of a BB on a private car park, where the BB has no legal standing in the first place, it is arguable as to whether this could constitute misuse of the badge in the first place. I think not.

[green_and_mean]

As we are discussing the use of a BB on a private car park, where the BB has no legal standing in the first place, it is arguable as to whether this could constitute misuse of the badge in the first place. I think not.

 

It is actually an offence to display the badge in the vehicle on any highway or other road to which the public have access, unless its being used properly by the holder.

[boswell]

A Supermarket Car Park cannot be classed as a Private Car Park as these car parks are open to public use and as such are classed as public roads and therefore are governed by the Road Traffic Act 1988. "

 

So if they are covered by the RTA. BB's are legal on them.

 

The road user and the law : Directgov - Travel and transport

[DBC]

Where the scheme does not apply

 

The Blue Badge Scheme does not apply to off-street car parks, private roads and at most airports.

 

About the Blue Badge Scheme

[green_and_mean]

A Supermarket Car Park cannot be classed as a Private Car Park as these car parks are open to public use and as such are classed as public roads and therefore are governed by the Road Traffic Act 1988. "

 

So if they are covered by the RTA. BB's are legal on them.

 

The road user and the law : Directgov - Travel and transport

 

You can get prosecuted for using one if you are not entitled, but you cannot be prosecuted for not using one ie in a disabled bay if its not covered by a traffic order.

[green_and_mean]

Where the scheme does not apply

 

The Blue Badge Scheme does not apply to off-street car parks, private roads and at most airports.

 

About the Blue Badge Scheme

 

The scheme does not apply ie you cannot park free but its still a criminal offence to abuse one on a road as defined by the RTA 1988.

[sparkeyrjp]

It is a pity the blue badge scheme and clamping would not apply to low life such as this

sprinted from the van into Homebase

[green_and_mean]

It is a pity the blue badge scheme and clamping would not apply to low life such as this

sprinted from the van into Homebase

 

Most people are creatures of habit and behave the same regardless of the location so they will probably get caught behaving as stupidly on-street. Unfortunatly the downside of sites such as this preaching that 'private' car parks are virtually unenforceable is that it doesn't only benefit those that make honest mistakes it also allows those that want to abuse the free parking and disabled bays to take the moral high ground in defending their behaviour and probably encourages it to.

[nicolee2931]

The problem is people take advantage of one another, as in my previous post I work for Tesco and see all kinds of bad behaviour taking place on our car park. Such as parents with toddlers and babies parked in disabled bays because the disabled have used the mother chlld parking facilities and vice versa. To be honest some of the disabled act in ways i find disgusting just because they have a blue badge they feel it allows them to take away the rights of others. And before I get shot down for my comments I see it from all sides as I work at a busy supermarket, have a blue badge for my son who is disabled and have a young child in nursery.

[Surfer01]

It is actually an offence to display the badge in the vehicle on any highway or other road to which the public have access, unless its being used properly by the holder.

But the moment the supermarket have a barrier or controlled parking it is no longer open to the public therefore becomes private and the blue badge etc counts for nothing. BTW I am a blue badge holder and if I cannot get parking in the designated disbaled bay I will use a mother & child bay.

[boswell]

I agree entirely with the comments about widespread abuse of the BB scheme. My wife has severe walking difficulties and she prefers not to use a wheelchair because she values her independance, what she has left of it.

Its just a pity that so many people abuse a system that is designed to help those less fortunate than ourselves.

I wonder if they would be so like minded if their family members were affected by the abusers.

[nicolee2931]

I agree entirely with the comments about widespread abuse of the BB scheme. My wife has severe walking difficulties and she prefers not to use a wheelchair because she values her independance, what she has left of it.

Its just a pity that so many people abuse a system that is designed to help those less fortunate than ourselves.

I wonder if they would be so like minded if their family members were affected by the abusers.

 

I agree, I have a son who is in need of an aortic valve replacement which means he cannot walk even small distances before being short of breath. When I have him with me if there is space I use the blue badge in a disabled bay I would never use a parent and child bay as that would remove the right of someone like myself who has a baby or toddler, I would prefer to park in a quiet part of the car park and use his wheelchair.

 

When I'm alone I have never used his blue badge as all I'm doing really is disadvantaging my son when he is with me.

[green_and_mean]

But the moment the supermarket have a barrier or controlled parking it is no longer open to the public therefore becomes private and the blue badge etc counts for nothing. BTW I am a blue badge holder and if I cannot get parking in the designated disbaled bay I will use a mother & child bay.

 

The imposition of controls or barrier are not relevant if the 'road' has public access. I have succesfully prosecuted several drivers for Blue Badge abuse in Council car parks which are controlled.

[Huff&Puff]

I wonder if they would be so like minded if their family members were affected by the abusers.

 

This is what I find particularly annoying - I'm certain that the vast majority of abusers are using a family member's BB, rather than a forged or stolen one. So they really ought to have some awareness of the problems it causes for disabled people.

 

Before I became disabled myself, I can honestly say with my hand on my heart, that I never parked in a disabled bay in 30 years of driving. I would have considered myself a sociopath to have even contemplated doing so.

[boswell]

Th

I can honestly say with my hand on my heart, that I never parked in a disabled bay in 30 years of driving. I would have considered myself a sociopath to have even contemplated doing so.

 

Same here, i find it even more annoying when i have to drop my wife at a door entrance when i have to go and look for somewhere to park and then of course come back and pick her up and the shopping.

I often get abuse off other drivers because i am blocking their path, you just cant win.

[Surfer01]

The imposition of controls or barrier are not relevant if the 'road' has public access. I have succesfully prosecuted several drivers for Blue Badge abuse in Council car parks which are controlled.

I thought the thread was about parking on a super market car park and not council car parks. I am not disoputing your stance on council car parks as people should know better and read the manual they got with the blue badge.

[Old Snowy]

Whilst I sympathise the problems are often caused by poor or lazy car park design. In the case of my local Tescos the disabled area extends to over 40 bays and has been plonked in what is effectively an island in the middle of the car park immediately alongside the main vehicular access. This means that all of the occupants have to negotiate traffic - once out of their vehicles - to get access to the store. In all the weekly visits we've made I have never seen the area more than a third full - and I'm being generous. So why all the extra spaces?

[boswell]

So why all the extra spaces?

 

probably to compensate for all those who park in them and dont have a BB.

[Surfer01]

Morrisons where we live is the opposite. they have 30 odd bays at the far end of the car park almost as if they are hiding them away. The mother & child are right by the front entrance!

[boswell]

When we use the Morrisons Car Park in Kendal we can always find a Bay they seem to have more considerate drivers there, sadly ASDA is not so fortunate. People use their spaces to nip into Focus next door who have their own Car Park.

Edited January 31, 2010 by boswell
missing text

[green_and_mean]

I thought the thread was about parking on a super market car park and not council car parks. I am not disoputing your stance on council car parks as people should know better and read the manual they got with the blue badge.

 

It is but the question was raised about the validity of using blue badges in Car Parks. It doesn't matter if the car park is owned by the Council or a supermarket if it has public access it is a criminal offence to use or even display the badge other than for the use of the holder. The offence/contravention of not displaying a blue badge in a bay is another different matter and is only enforceable in a bay with a traffic order.

[Bookworm]

The problem is people take advantage of one another, as in my previous post I work for Tesco and see all kinds of bad behaviour taking place on our car park. Such as parents with toddlers and babies parked in disabled bays because the disabled have used the mother chlld parking facilities and vice versa. To be honest some of the disabled act in ways i find disgusting just because they have a blue badge they feel it allows them to take away the rights of others. And before I get shot down for my comments I see it from all sides as I work at a busy supermarket, have a blue badge for my son who is disabled and have a young child in nursery.

The difference (putting aside the private/non-private part for now, it's not the point I'm making) is that a BB indicates a necessity, and BB holders can in fact park in places not allowed to others, whilst parents & child is merely a case of convenience. Huge difference. And if there is no disabled space left, damn right I will use a p&c one, mainly because I don't think that other motorists would be too impressed by my car door denting theirs as I struggle to get out of my car. I NEED the extra space on the side of me and the regular spaces are simply not wide enough.

[Jamberson]

Whilst I sympathise the problems are often caused by poor or lazy car park design. In the case of my local Tescos the disabled area extends to over 40 bays and has been plonked in what is effectively an island in the middle of the car park immediately alongside the main vehicular access. This means that all of the occupants have to negotiate traffic - once out of their vehicles - to get access to the store. In all the weekly visits we've made I have never seen the area more than a third full - and I'm being generous. So why all the extra spaces?

 

Write to them. It's quite possible they installed the bays with the best of intentions, but don't have a process to monitor how effectively they are used, and don't realise the situation. One thing I will say for Tesco and the like, they do seem to bend over backwards to help their customers, whether its packing your bag for you or letting you return a DVD after you've watched it!