Dropped Kerb with Disabled bay.

[saintlysins]

Hi, i have a question regarding my neighbours dropped kerb which has a disabled bay outside, we live on a busy road with limited parking however she does have a drive my neighbour has no car the disabled bay was for her now deceased husband, i was wondering if anyone is allowed to park alongside this dropped kerb if they are a blue badge holder or can they still be done for obstruction. Thanku

[hc4361]

Anybody with a blue badge can park in any disabled space.
Disabled bays are not person specific and may be used by any disabled badge holder.
http://www.surreycc.gov.uk/sccwebsite/sccwspag es.nsf/LookupWebPagesByTITLE_RTF/Disabled+park ing+bays?opendocument#2
I suggest you contact the council to get this bay removed.

[saintlysins]

Hay ! thanks for ur reply just a little more advice needed , i am a blue badge holder myself and would like to use the bay but neighbour says as its a dropped kerb outside her property that has a drive (she does not have a car) that if i park there she will call council/police whoever because i,m causing obstruction . So just want to check really if i can park there.

[hc4361]

Yes you can, but phone the council as she is no longer entitled to the disabled bay. But if the bay is removed you can't park there either.
Anybody can park in any disabled bay, but if you are still not sure, telephone your council to discuss it with them.
What council do you live in?

[saintlysins]

Thanks thats a great help pretty much as i thought but always best to double check.

[paraffin]

Hi saintly:

Just a word of caution: This dropped kerb and marked parking bay, initially created for a specific reason, would be on part of the road/highway, hence bringing it under road traffic legislation.

Therefore, the fact that you've decided that, as a disabled driver, you could make use of it because your neighbour doesn't use it doesn't mean that the Council will agree.

The reason being that should you, or anyone, park there and your neighbour, for example, has visitor(s) wanting to park on her driveway, you would be causing an obstruction and could pay for it (literally).

You would need to either have the dropped kerb relocated to outside your property (costing the Council considerable expense), and have your neighbour's dropped kerb reinstated(more expense). Unless that is feasible and unless you could be prepared to contribute towards the cost, it may prove very problematical.

It also sounds as if you and your neighbour aren't seeing eye to eye which may be liable to cause further tension.
Good luck.

[hc4361]

The neighbour is not entitled to the disabled bay as the disabled person has died.
On the public highway ANYONE with a disabled badge can park in a disabled bay, dropped kerb or not. This is because the council cannot enforce a person specific disabled bay - displaying any disabled badge is more than enough.

[paraffin]

hc:

Sorry, was your last post for my info? Not sure if you were making a specific point for me?

[saintlysins]

Just to say i did check with council and they agree anyone with a blue badge can park there . As 4 not seeing eye to eye with neighbour she just likes too cause agro n e way she can not just with me but anyone she can moan at. Thanks again.

[buildersmate]

Ethel is the expert on parking on the road adjacent to a dropped kerb.
I thought from her previous postings that the rules of the game were that (under normal circumstances, without the complication of the disabled bay being there), anyone could park adjacent to a dropped kerb if there is no car in there - but one can't trap a car in.
Since this lady has no car, that won't be an issue.
Then the secondary issue is that only a vehicle with a disabled pass can park in the bay. Since it has been established that there's no car to be trapped in, and you have the appropriate pass, sounds like your home and dry.

[Sneekykid]

If the Disabled bay has a 'Tablet Plate' on a post or wall adjacent to the bay then it is enfourcable under the current 'Traffic Management Act'. No tablet - no enfourcement! (thus speaks a curent Civil Enfourcement Officer).
As to the dropped kerb. They are only enfourcable if the occupier has a vehicle on their site and needs/wants to leave with that vehicle(however a trip 50 metres down the road to the shops dosn't count)! It must be for a 'reasonable purpose'! Then access from the site is enfourcable.
If the occupier wants to put a vehicle on their site and the droppped kerb is blocked then, the occupier must find a place to safely park the vehicle until the drop kerb is clear. Access to the site is not enfourcable.

[BenDToy]

I am confused. Disregarding the disabled issue for the moment, surely if you have a dropped kerb and driveway, then no-one is allowed to park across that. Sneekykid seems to be saying that is not the case. Or am I missing something?

[TWR]

I think you have that wrong sneekyki, regards the parking across a drive.

[rojash]

"thus speaks a curent Civil Enfourcement Officer"
Presumably, though an enforcement officer spells it correctly :-)

[Compostella]

Sneekykid is right.

You can park across someones driveway (even if it has a dropped kerb) as long as it does not obstruct a vehicle from leaving the premises. Amazing I know but true.

Its just etiquette that we all don't do it (or maybe lack of balls)

[uptodate]

The law has changed. Traffic Management Act 2004 has been amended. Chapter 18 Part 6.
You will get a ticket for parking across a dropped curb unless you have permission from the home owner to park. Doesn't matter if there is a car in the drive or not.
If the home owner gets you on CCTV you will get a fine in the post.

Regards

[saintlysins]

Being a while but just read the last post that states law has changed and could get a fine through the post if no permission from neighbour does that count if you park and display the disabled badge as it is a disabled bay or do you need permission for that too any one know Thanks .