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Stuart J
Stuart J, Solicitor
Category: Traffic Law
Satisfied Customers: 23122
Experience:  Senior Partner at Berkson Wallace
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What is the exact section of the law that stops people

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Hi there what is the exact section of the law that stops people parking in disabled spaces? i.e. what powers dot he Police or Council have?
JA: Because laws vary from place to place, can you tell me where this is?
Customer: UK
JA: Do you need to appear in court?
Customer: n o
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no just the exact section of law pertaining to enforcement powers

If this is on private land, neither the police nor the local authority have any say whatsoever and it comes down to the landlord or the management company to enforce it.

Sometimes that is enforced using private parking companies and supermarkets typically do that as do management companies of blocks of flats.

If it is a public car park or space, the police will not normally get involved and it is enforced by the local authority.

There are various bylaws and of course the Highways act & Road Traffic.

Who enforces it depends on whether it’s private land or public. Just because the public have access to it doesn’t necessarily mean that its public land.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Customer: replied 14 days ago.
Hi there thanks for the information but the question was what section of the law precisely governs this? xx Act YY section and so forth. The spot comes under the Local Authority as it is on a public road but they refuse to take any action or prosecute so I wanted to see the exact wording of the act before complaining to my Local Councillor. Thanks so much for your time

I’m surprised that the local authority are not acting to stop people parking in the public disable space because each contravention gives them GBP100 penalty and its money for nothing.

You can make a complaint in ordinary plain English without worrying about the law statute to the Local Government Ombudsman, if the local authority are refusing to enforce parking by anyone other than those displaying a blue badge.

 

Different rules and different statutes and regulations and bylaws apply in different parts of the country.

However the relevant pieces of legislation are section 21 of the Chronically Sick & Disabled Persons Act 1970 http://www.legislation.gov.uk/ukpga/1970/44/section/21

and section 5 of the Road Traffic Regulations Act 1984 http://www.legislation.gov.uk/ukpga/1984/27/section/5

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