Blue badge query, Can I use disabled bay outside home |
Helping the motorist get justice 
Helping the motorist get justice
Blue badge query, Can I use disabled bay outside home |
 Sat, 27 Feb 2021 - 02:26
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#1
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Member Group: Members Posts: 35 Joined: 29 Nov 2019 Member No.: 106,852  |
So here is my question.
The only parking available to me is on-street parking. Never a real issue to get parking though. However, the parking space closest to me and right in front of my house is a 24 hour disabled bay. Now... my partner has a blue badge but doesn't drive (although learning slowly). Am I allowed to use this bay? For example, am I allowed to get into the car, put the badge away, drive to a shop and park in a non-disabled bay, drive back home and park in the disabled bay with the badge back up? But I feel like driving back into the disabled bay without my partner is misuse. I actually asked the council (LBBD) about getting a standard permit but they said since my partner has a blue badge, I could just use that but I am not convinced. |
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Sat, 27 Feb 2021 - 02:26
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Mon, 1 Mar 2021 - 23:32
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#21
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
QUOTE (b)is to be driven by the holder, or is to be used to carry the holder, from that place. As long as the OP intends to take the holder out for a drive the next time out, it is legal. Even if there is a potential for the BB to have to have the car available, it would be legal. This however does illustrate the ambiguity that can occur with use of a BB. I've had a CEO call me back to the car and ask me if the BB on display was mine.... No, says I, Oh says he. It's her's, pointing to my daughter who was in the car, Oh, says he, but without the glee in his voice. The journey was with my daughter in the car, the stop was to grab a bottle of milk, legal or not? |
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Tue, 2 Mar 2021 - 09:48
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#22
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
I feel unwell, my wife takes the car to collect some medication for me, I need it urgently. There are no nearby parking bays so she stops on a DYL with the BB. Is it legal?
It would be an correct argument that the car was being used for my benefit even though i was not in it. -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Tue, 2 Mar 2021 - 10:17
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#23
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 Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
No, it's not legal, the Holder has to be in the car on arrival or when it departs (dropping off or picking up).
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
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Tue, 2 Mar 2021 - 10:35
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#24
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
QUOTE (The Rookie @ Tue, 2 Mar 2021 - 10:17)  No, it's not legal, the Holder has to be in the car on arrival or when it departs (dropping off or picking up). Do they? Where does it say that The scenario put forward was one from a question as to use for the badge holders benefit and the validity of motability insurance. The insurance provider classify it as a legitimate use for the benefit of the disabled person -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Tue, 2 Mar 2021 - 10:58
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#25
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
QUOTE (PASTMYBEST @ Tue, 2 Mar 2021 - 09:48) I feel unwell, my wife takes the car to collect some medication for me, I need it urgently. There are no nearby parking bays so she stops on a DYL with the BB. Is it legal? It would be an correct argument that the car was being used for my benefit even though i was not in it. That one is definitely not legal. While the journey is for your benefit that does not change that your wife is able enough to park and walk. |
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Tue, 2 Mar 2021 - 10:58
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#26
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Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
How on earth contract law with respect to the car use and the validity of using a Blue badge for parking are conflated is beyond me.
Have a read "It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped" https://www.gov.uk/government/publications/...ties-in-england From the statute -my bold QUOTE An institutional badge may be displayed on a vehicle while it is parked if it has been, or is to be, used by or on behalf of the holder for carrying a disabled person to or from the place where it is parked.
This post has been edited by The Rookie: Tue, 2 Mar 2021 - 11:03 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 2 Mar 2021 - 11:00
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#27
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
QUOTE (PASTMYBEST @ Tue, 2 Mar 2021 - 10:35) QUOTE (The Rookie @ Tue, 2 Mar 2021 - 10:17) No, it's not legal, the Holder has to be in the car on arrival or when it departs (dropping off or picking up). Do they? Where does it say that The scenario put forward was one from a question as to use for the badge holders benefit and the validity of motability insurance. The insurance provider classify it as a legitimate use for the benefit of the disabled person HCA posted the rules earlier. What the BB regs say and what motability accept are different things. |
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Tue, 2 Mar 2021 - 13:51
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#28
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
QUOTE (The Rookie @ Tue, 2 Mar 2021 - 10:58) Have a read "It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped" https://www.gov.uk/government/publications/...ties-in-england While I think that advice is correct in this instance, it has been ruled that some of the advice in the blue badge booklet is wrong / doesn't match the law. As ever information on gov.uk should not be taken as gospel. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 2 Mar 2021 - 13:54
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#29
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Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
QUOTE (cp8759 @ Tue, 2 Mar 2021 - 13:51) QUOTE (The Rookie @ Tue, 2 Mar 2021 - 10:58) Have a read "It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped" https://www.gov.uk/government/publications/...ties-in-england While I think that advice is correct in this instance, it has been ruled that some of the advice in the blue badge booklet is wrong / doesn't match the law. As ever information on gov.uk should not be taken as gospel. Indeed, which is why I then quoted the actual legislation which says the same thing. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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