Disabled parking

[LewTheBrain]

Is it illegal to park in disabled bays at Argos, Tescos, B&Q etc. I know it is on public highway disabled bays

[Toureman]

No. Police or traffic wardens do not have those sort of powers on private land.

Some stores are putting up signs that they might take action if you do park in disabled bays though.

[Loosehead]

It's private land, the owners can indicate their preferences by painting lines etc. It is not law however the owners can refuse you permission to park there if you do not adhere to their rules. For example in Asda just across from my office they got annoyed with people parking there all day so they have started clamping cars that are there longer than 2 hours. They could if they wanted to clamp cars that are parked in the disabled bays without a disabled badge, they don't at the moment but they could. They have put up clamping notices by the way.

[kazza12345]

no, but its the height of rudeness

in my tesco now they have a sign saying a private clamping firm is operating, and will clamp if you are there for more than 2 hours, or if parked in disabled without a badge.

It still makes me totally amazed that people wont walk an extra 50 meters, so that others who cant dont have to

[Loosehead]

You're so right Kazza.

"I'm only going to be a minute" So bloody what. makes my blood boil.

Dam you got me started on supermarkets again!

[ianess]

No unfortunately it's not illegal. Bl**dy annoying though.
Who was it who suggested sticky labels in the driver's line of sight?

[gary baldy]

Me!

[markja]

i hope you suggested BIG , VERY STICKY labels gary. if you didn't, could i do so now?

[erimus1]

Actuall,it could be illegal (if the store wants it to be). We are under an implied license to enter a store (and private carpark) by its owners This license would be in place under the conditions of both implied terms, and possibly express terms (written on sa sign).

If it is arguesd that the store would not have let an individual into the carpark, had they known that they would park in the disabled bay, then they become trespassers.

Trespass has been criminal aswell as civil wrong since 1996, and uses the same criteria as the civil wrong.

Regards,
Steve

[madein1978]

If its a privately owned car park, theres jack sh*t they can do about it. I actually deliberately park in these 'Parent & Child' spaces, because I think they are the most ludicris waste of parking space ever thought of! Anyway, I got an alibi, I sometimes take my mum for the shopping!!

[erimus1]

You obviously didn't read my post madein1978

Non conformist eh!

[sistar]

This leads on to something I often wondered, in supermarket carparks, they often have direction arrows, one way traffic flow, 'in' and 'out' signs, now I know it can be awkward if you dont follow these signs, but are they legally enforcable?

[erimus1]

Good question Sistar. Most peolple get mixed up with what is Criminal, and what is not.

There are two main distinctions in law - Criminal and Civil (many other sub divisions though)

Basically a crime would be considered as anything against the state - As this is on private land and not a public highway, it could not be enforced as a specific Road Traffic offence.

Having said that, private carparks that are being used whilst a store is open, have (in common law) been seen as a 'public place', and so, under the Road Traffic Act 1988, you could be prosectuted for 'Dangerous Driving'.

I think I have already mentioned 'implied licenses', and how you could also be prosecuted for 'Trespass' if this implied license was breached i.e. you did not drive in the carpark the way the owners would have wanted you to drive.

Hope this helps.
Regards,
Steve

[Stinkerbell]

i'll tell you what ****** me off is when morons park in mother and baby spaces in there stupid little sports cars or work vans or just because theyre ignorant and then i have to park in a disabled space. which i wouldnt do if it was easy to get 2 children both in car seats out of the car while parked in a normal space! as for the **** that said mother and baby spaces are a waste of space obviously hasnt had children and when and if they do i hope they have so much trouble getting them in and out of the car then they'll know what a waste of space they aren't!!

[kazza12345]

sorry, cant agree with you there stinkerbell. Just what is the point in parent/child spaces? Ok, i take your point about opening the door, but children have legs dont they? Why not put these spaces further away from the shops, and that would make them less attractive for people to park in, meaning you didnt then have to put someone who cant walk far out of a space (disabled space). After all, not many people chose to be disabled but having 2 children is a lifestyle choice after all, so i say. make the spaces bigger, but put them on the other side of the carpark. then you would be able to enjoy all the door opening you want, plus good exercise for little porkers who get dropped off from school, picked up, taken to brownies.scouts.ballet etc and never do more that a few yards walking in a week

[kazza12345]

clearly i am not refering to children who cant yet walk. After all, there is nothing to stop you carrying them from the other side of the car park

[erimus1]

Kazza - fantastic point, well made. I hadn't thought of it that way
Thanks,
Steve

[kazza12345]

lol i cant tell if you are being sarcastic or not, because whn i propound my theory of parent/child parking spaces to my friends they all look at me as if i'm from another planet (the ones with children, that is)

[madein1978]

Well, maybe if you learned how to park the car in a space properly you wouldn't have trouble with access!!