Parked in wrong bay.

Harleenquinzel2710

Hi.
I've checked on the Newbies thread and can't find the answer I need there.
I've received a PCN from a IPC member , they are stating that the vehicle they describe in the PCN was parked in a disabled bay with no valid blue badge on display. This was in hospital grounds.
I haven't approached the hospital , yet.
I still wait for NTK , right? And follow the same rules?
Thanks

fisherjim

Yes you follow the same rules that's what the newbies thread tells you.


Why was the car in a disabled bay?

Harleenquinzel2710

The driver was visiting a sick relative and parked in the only spot available. Rather than park and block the car park.

Umkomaas

Harleenquinzel2710 wrote: »

The driver was visiting a sick relative and parked in the only spot available. Rather than park and block the car park.

I'm afraid that's really asking for trouble. Presumably no other genuinely disabled person was inconvenienced by you occupying that parking bay? Have a good think about that one, because you may need to answer the same question from a Judge should this get to court.

What's the name of the parking company, then we can tell you of the likelihood of this going as far as a court claim?

fisherjim

Harleenquinzel2710 wrote: »

The driver was visiting a sick relative and parked in the only spot available. Rather than park and block the car park.

Well unless you pay up you could be in it for the long haul, we usually tell people to contact PALS but I don't think they will want anything to do with this blatant disregard for the needs of the disabled.


You are the very reason why these scammers draw breath!

The_Deep

I would advise you to pay at the lower rate if you are still able, if this went to court you are liable to get a judgement against you to the tune
of c@ £175 - £200.

Harleenquinzel2710

The driver shouldn't have parked there without a blue badge I agree.
I've only just seen theses replies.
Oh well, best bend over and take the punishment, driver.

JamoLew

I as under be impression that only certain marked disabled bays were actually enforceable or has this changed ?

I am not on about whether it is right or wrong to use them just the actual "legal" position

Umkomaas

JamoLew wrote: »

I as under be impression that only certain marked disabled bays were actually enforceable or has this changed ?

I am not on about whether it is right or wrong to use them just the actual "legal" position

A new one on me. Any source?

Sounds unworkable.

JamoLew

https://www.surreycc.gov.uk/roads-and-transport/parking/where-to-park/disabled-parking-bays

but this relates to a different type - sure I read somewhere that at least for supermarkets that any type of marked bays (disabled/parent-child) weren't actually enforeable.

Will continue searching - it may be something i have misunderstood - I may be thinking of private car parks - not sure if hospitals come into this category

Fruitcake

Depending on the type and size/footfall of the establishment, disabled bays have to be provided by law for people with disabilities. I suspect this apples to all NHS hospitals.

You are correct that nobody is prohibited from using them, whether they have a disability or not, and therefore use or misuse of them is not enforceable by a statutory body.
However it is a legal requirement to have them and the landowner is perfectly entitled to police their bays how they see fit in order to ensure people with a disability have access to those bays.

Likewise the BB scheme does not apply on private land and therefore is no lawful requirement to display a BB on private land, and it is a disgrace that people with disabilities who do not have a BB or forget to display it, or it falls/gets dislodged still get PCNs even when they show the scammers they are entitled to use a disabled bay.

As above, the disabled bays are there to protect the rights under the EA 2010 of disabled motorists/passengers. Whilst it may not be unlawful to park there, doing so is morally wrong and against the wishes of the landowner.

Whilst I cannot predict the outcome of a court claim, I would hazard a guess that breaching the Ts and Cs of the car park (parking contract) would not go down well with the judge if in this case the scammers actually did nothing wrong.