Legal Questions and Answers by Jonathan Stones of John Barkers
Question :-
Purely by accident my wife parked her car in a disabled bay in the car park at one of the
local supermarkets. The markings were worn and she simply didn't realised the space was
for disabled drivers.
When she came out of the shop a few minutes later there was a very unpleasant scene in
which a man who claimed to be a representative of a voluntary organisation began ranting
and raving at her because she had parked in the bay. He took down the car number and
demanded to know her name and address.
She explained that she had parked in the space by mistake, declined to give her name and
got into her car. The last thing she heard as she drove away was him shouting that he was
going to report her to the police.
My question is: Is it an offence to park in a disabled bay in a supermarket car park?
Answer :-
No it is not. The car park is private land owned by the supermarket and whilst the company
is free to impose rules about the parking of vehicles on its property . . . such as parts
where parking is not allowed, spaces for disabled motorists or for customers with young
children . . . the breaching of those rules is not a traffic offence which could be
prosecuted in the courts.
If a car without a disabled badge is parked in a space designated for
disabled drivers, the supermarket could get its security people to ask the driver to move
it or refrain from parking there in future.
In extreme cases the supermarket could also have the vehicle moved . . . taking care that
it was not damaged . . . it could put up a clamping notice and have cars wheel clamped . .
. or it could ban a driver from parking on the site at all.
Your wife was perfectly within her rights to ignore the member of the
public who had a go at her, even if he was a member of a voluntary organisation, and she
was under no obligation to give him her name and address.
|