Home > Ask Our Experts > Could We Apply for a Disabled Parking Bay?

Could We Apply for a Disabled Parking Bay?

By: Tracy Wilkinson - Updated: 30 Aug 2016 | comments*Discuss
 
Disabled Car Parking Disabled Spaces

Q.

My husband and daughter are disabled but outside our terraced house is a grass road and down the bottom of the street where all the residents park is an unadopted road. We have asked the residents to please let us have access to park the car near to the end of the terraces so that my husband and daughter can get her wheelchair out and if necessary carry her from the car to the house.

However people are still parking there and it is becoming very difficult for us to cope. Is there anyway we can get a disabled bay put in at the top of the unadopted road?

(Ms C. Tyrie, 11 January 2009)

A.

Unadopted roads are often roads that do not reach the acceptable standard that a road needs to reach before it will be adopted by the local council. As such, they don't receive any council maintenance, are often devoid of drainage and street lights and usually are made up of dirt and rubble.

As unadopted roads are often public throughways, and as such cannot be blocked/fenced off or obstructed, they often cause lots of problems regarding ownership and legal responsibility for maintenance. As in your case it can be really difficult to get anyone to take responsibility for the road and also for you to figure out who you need to contact or what you need to do to alleviate your current situation.

As the road you are wanting to reserve a disabled bay upon is unadopted road, the council will not and cannot take responsibility for agreeing the request, carrying out any work upon it or maintaining the bay if it is agreed by the landowner.

So what do you do?

First of all you would need to find out who owns the land. You can do this by asking around, contacting the council or by checking the Land Registry.

Once you have the details of the landowner, you would need to contact them and ask for their permission to have a disabled bay put on their land, and also for their assistance in doing so. They would have to agree to let you have the disabled bay and they would also need to fund and arrange it for you.

Depending on how willing they are to help you out at their own expense will be the major deciding factor in this and it may be tempting to offer to pay for the work. Please bear in mind that if you were to offer to assist with the funding, you should make sure you are legally covered should there be a dispute between you and the landowner in the future, and also be aware that the council will not be able to enforce restrictions on the bay, or become involved in future disputes over it.

If you get the landowner to agree to your request you will also need to get the agreement of anyone who lives along the unadopted road. If you have an active residents association then this is often a good place to start. If not, then you might have to do a bit of knocking door to door, as anyone who lives along the unadopted road is responsible for the maintenance of the area in front of their house.

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The Disabled Bay which my council charges £100 for is a toothless tiger, it relies on the Goodwill of people. Planning permission had to be sought and the scum neighbours I have objected, and then the Council told them that it is only advisory and no action can be taken against you if you park there. This is not the case in London. With all the standardisation with sausages, and stupid items over Europe, yet we don't have anyone rule to govern and help disabled people on one land mass! Note how the Council and TV licensing don't tell youdon't have to pay the Council Tax, or TV License fee, it is only if you consent to it under the Magna Carta. You can dispute the Charge if you so wish. It relies on your agreement and consent for them to enforce it. But they won't tell you that. I have told the BBC License fee I do not consent and will not pay and haven't paid the TV license fee for 12 years now as I do not watch the BBC and they have the ability to scramble the signal. I would be horrified if Esso charged me a year fee, as techincally my car could run on Esso fuel but I used Shell.The Council tax I do pay as they do collect my refuse, and help disabled and low income homes.
SOS - 30-Aug-16 @ 4:01 PM
I have got a spine injury and disinfecting my legs my back my neck we never can park our car outside the front because there is no space so I wouldn't mind if I could have , A private carpark please so I can go hospital doctors easier otherwise I always have to walk that far because we never can park our car outside the front please . I don't ask for much but that would be a big help I don't get any benefits we I was hard-working
Iris - 31-Mar-16 @ 1:32 PM
I am registered disabled and I drive a mobility car. I have a dropped kerb and I am having trouble with people parking in front of our drive not on the road but a public footpath I was going to ask the council if we can have some white lines painting on the road. But I don't thinkthat will help as the culprit is parking on the path. It took my husband half an hour this morning to try and get out of our drive. What can we do???????
coochie - 29-Nov-15 @ 2:36 PM
My mother has had a no parking sign and a disabled sign outside on her fence for almost a year now, some one has complainedabout and a member of the high way agency has been out and askedher to remove it, the problem is one of her neighbours is a dog boarder and continuosly has her clients parking across my mums dropped kirb blocking her access in or out,
Superman - 10-Nov-15 @ 9:17 PM
superman - Your Question:
Hi, how long does it take to get a response on here. My post has been on here for several weeks and I have had no response and wondered if the question should be simplified for your experts to answer as this is on a time based period with 2weeks to go.

Our Response:
Please not we do not answer all question posed here. However, your original post is not clear, so feel free to re-compose it so it's easier to comprehend your situation.
SaferMotoring - 9-Nov-15 @ 11:01 AM
Hi, how long does it take to get a response on here. My post has been on here for several weeks and I have had no response and wondered if the question should be simplified for your experts to answer as this is on a time based period with 2weeks to go.
superman - 8-Nov-15 @ 2:06 PM
Help please. My mum is registerd disabled and has her neighbours clients parking over her drive whilst dropping of there dogs as her neighbour is a dog walker and boarder. She has a dropped kirb so she put up a disabled sign and a no parking sign on her garden fence in her garden. It has been there almost a year and has now been asked to remove it by her local council due to a complaint but the council refuse to give her a bay or road markings out side her house. Also there are no lines along the close she lives in and she is the only council property in the close. Where does she stand with this as they are in her garden on the boundry fence
Superman - 21-Oct-15 @ 6:29 PM
@mel. Have you asked the council? It's unlikely that they will remove it - if you can get on to your drive, you must be able to get off? But there's no harm in calling the council and asking.
SaferMotoring - 27-Apr-15 @ 10:28 AM
We live on a narrow road and all park on my side of the street. I have a double dropped kerb and my neighbours either side are both disabled.I came home yesterday to find the council had painted a disabled parking bay on the other side of the road opposite my drive.Now when my neighbors are home I can not get on or off my drive because the car opposite (in the bay) has effectively boxed me in. Cars are having to now weave in and out to get past and longer vehicles are having to turn round.Can we get this parking bay removed.
mel - 22-Apr-15 @ 7:29 AM
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