Parking: What does the panel think?

[flango]

OK what do you think to this?

Please study the pictures below. On the road you will see what was the entrance to an old Vauxhall Dealer which is now boarded up. There are no other side roads only the junction you can see in the distance.

If a Vauxhall Astra Hatch was parked in what used to be the entrance half way in and half way out, so that you could easily push a pram down the nearside past it. Whilst displaying a blue handicapped badge for parking would it be committing an offence and if so what offence would it be committing?

 

[thecolonel]

although the entrance is disused, would it not be classed as blocking an entrance or impeding other road users due to visibility arguments.

If parked across the kerb 2 wheels on (the myth about pram/wheel chair being able to get past therefore enough not blocking any users is unfounded).

"Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs." Your argument would need to be able to fully counter that, whilst at the same time stating that you drove on a path to park which is illegal unless a drop kerb is present.

It is one of those rules, that is ignored until the council can make some money on it I guess. But you are contravening the highway code.

 

[guydewdney]

None afaik - and those double yellows are totally invalid as they dont have the 'finishing' bars, let alone not being continuous, as shown in the second pic with the flaked off paint.

however - that said - double yellows are there to stop people parking making it a pain for road users (possibly negated by the half-on-half-off approach mentioned). Doesnt look like a particularly busy road?

Blue badge or no - double yellows are not allowed to be parked on afaik.

 

[jamesfuller]

I say no, as you could be parked there without crossing a kerb or drop kerb and technically that bit isn't a footpath (although probably a right of way) as its an entrance.
There are no yellow lines there.
Is it an offence to block an entrance that has been semi permanently blocked off anyway? not too sure.

 

[Red C220]

Rules and regulations for parking by blue badge holders varies according to local county council bylaws. Contrary to popular belief, the blue badge scheme is not operated by government on a national level but is administered and governed at a local county council level.

So to answer the OP, the local authority area would need to be known then the relevant blue badge bylaws can be studied.

Here is a general PDF of what is and what isn't allowed.

https://www.gov.uk/government/uploa...206022/blue-badge-rights-responsibilities.pdf

Bar some inner London Boroughs a Blue Badge holder may park on single or double yellow lines for up to 3 hours unless it is marked as a loading area by further yellow markings on the curb or unless it is specifically prohibited in that borough.

 

[Dieselman]

Technically, it would be parked across a roadway/driveway/carriageway, as the legal right of passage into the site exists at that point.

 

[flango]

In this authority a blue badge holder can park for 3 hours on double yellow lines so parking either side of the entrance fully on the road would have been legal but more obstructive.

This authorities advice to blue badge holders is when parking on double yellow lines in order to not impede traffic flow park with 2 wheels on the kerb when possible but always allow passage down the nearside for a pram or wheelchair

 

[alistairgd]

If it had parked fully on the road, there wouldn't have been a problem, however by obstructing the footway which is still within the highway boundary, this is possibly what could have led to the booking. As posted earlier, those yellows are not enforceable.

I take this is not the hypothetical question you have laid out, so what was the actual charge?

 

[flango]

although the entrance is disused, would it not be classed as blocking an entrance or impeding other road users due to visibility arguments.

If parked across the kerb 2 wheels on (the myth about pram/wheel chair being able to get past therefore enough not blocking any users is unfounded).

"Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs." Your argument would need to be able to fully counter that, whilst at the same time stating that you drove on a path to park which is illegal unless a drop kerb is present.

It is one of those rules, that is ignored until the council can make some money on it I guess. But you are contravening the highway code.

You are getting to the heart of this, would you class that entrance a dropped kerb?

 

[flango]

I take this is not the hypothetical question you have laid out, so what was the actual charge?

I'll tell you in a while but if the appeal isn't upheld its going to get very interesting when it goes to court

 

[alistairgd]

You are getting to the heart of this, would you class that entrance a dropped kerb?

That is a dropped kerb, i.e. less than 30mm upstand on the longitudinal, flush on the transverse kerb, with transition kerb clearly visible.

 

[Red C220]

You are getting to the heart of this, would you class that entrance a dropped kerb?

No I wouldn't class it as a dropped curb, the footpath clearly ends.

It is an entrance, albeit disused.

 

[trapperjohn]

So some sort of breach of parking regs has been spotted by a "ticketer" or a camera van. Not that they know everything. It has gone to appeal. And this is our teasers for the evening or until it goes to court. A lot of verbal jousting if it goes to court

Does it look like a dropped kerb? There is a total absence of kerb stones so I would say dropped kerb. Double yellows are broken but don't have a "bar" on the end. Not sure what that implies.

Maybe higher up the lamp post but I seem to remember something about signage should be displayed every so many feet *would that be metres now) And there appears to be no signage whatsoever.

Going to be interesting for sure.

 

[flango]

double yellow bars indicate you can't park there even on a blue badge but there aren't any of those.

The offence is interesting to say the least but the court one if it gets there could be even more fun as I'm not sure the prosecution lawyer and defence lawyer can be the same person

 

[martyz]

I would say it would still be deemed the entrance to the now obviously closed site,as per DM #6. and there does appear to be parking over the road.

 

[MarriedBlonde]

I am doing some work for the DfT at the moment and sit near the team that would advise on this i can ask them if you like?

J.

 

[flango]

I am doing some work for the DfT at the moment and sit near the team that would advise on this i can ask them if you like?

J.

Now thats one opinion I would like, if you could do that I would appreciate it. Many thanks

 

[flango]

I would say it would still be deemed the entrance to the now obviously closed site,as per DM #6. and there does appear to be parking over the road.

The parking over the road is actually the local Kwik Fit car park, theres no immediate parking in the area.

 

[MarriedBlonde]

Now thats one opinion I would like, if you could do that I would appreciate it. Many thanks

No worries i'll speak to them monday and let you know.

 

[renault12ts]

It's an offence...for a normal motorist.

In the circumstances in that authority it should not be an offence for the blue badge holder because a reasonable person could assume that what pertains either side of the ex-entrance should pertain at the ex entrance.

No doubt though (and why we are being asked) a blue badge holder has been ticketed.