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Parking on the pavement


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#1 OFFLINE   LosingGrip

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Posted 01 October 2009 - 05:01 PM

Just wondering if anyone is able to help me about parking on the pavement.

Where I live we get a few people parking on the pavement, often blocking the pavement for people in wheelchairs or pushchairs, I often have to walk down the middle of the road with my brother in his wheelchair as cars are parked on the pavement on both sides of the road.

Is there anything that can be done? Is it against the law at all?

Thanks :D

#2 OFFLINE   TallGuy

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Posted 01 October 2009 - 05:08 PM

s.72 of the Highways Act 1835, makes it an offence to drive a motor vehicle on the pavement and thereby a vehicle which is parked on the pavement will be assumed to have been put there by driving unless the owner can provide evidence to the contrary. NEFPN notice applies and you will find out about these when you do your training, providing you do OK on Sunday.

#3 OFFLINE   rescueme

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Posted 01 October 2009 - 05:15 PM

It will depend entirely on the situation, marked parking bays half on pavements are obviously legal. And your force (like mine) may not cover parking offences under FPN systems, due to the introduction of civil parking enforcement.

I would only have the option of NE-FPN'ing the vehicle for 'Causing an Unnecessary Obstruction'. If it is the fact that a number of vehicles park there and it is a residential street, I think some words of advice to drivers might be the best start.

#4 OFFLINE   LosingGrip

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Posted 01 October 2009 - 05:17 PM

Thanks both of you :D

On a side note...we could normally go and speak to them about it, but last time we spoke to them about something (parking again) we had our car damaged...although we cant prove it was one of the kids around here...chances of it being anyone else are slim.

#5 OFFLINE   rescueme

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Posted 01 October 2009 - 05:33 PM

Arr... well perhaps a word with the local PCSO or PC might mean they can have a word. Afterall if you can't get a wheelchair past then mothers with prams will be struggling aswell.

If after suitable advice from them then tickets can be issued, perhaps.

#6 OFFLINE   Capt. Carrot

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Posted 01 October 2009 - 05:59 PM

Details are a bit sparse, but it sounds like a straightforward Obstuction of the Highway to me, which is still enforcable by Police.

#7 OFFLINE   oddbod

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Posted 02 October 2009 - 11:04 AM

Causing an unnecessary obstruction. There is a seperate offence for HGV's of parking on the pavement/verge.
Sounds quite dangerous if you have to walk in the road.
I would ring up your local PS and ask for the PCSO's to pop round and deal with it.

#8 OFFLINE   gordon

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Posted 02 October 2009 - 12:09 PM

Most parking seems to be delt with by the local councils these days and they rarely turn down a chance to give out tickets and make tom cash if they know about it, so give them a call.

#9 OFFLINE   oddbod

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Posted 02 October 2009 - 12:31 PM

Whether it's council parking attendants or police traffic wardens that enforce the parking, causing an unnecessary obstruction is an offence dealt with by PCSO/Police Officers/Police TW's. Civil enforcement may or may not have any power to deal depending on the local orders/restrictions and location.

#10 OFFLINE   Gabba

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Posted 03 October 2009 - 08:17 PM

what if the owners of the car lives on a busy main road, and with the other 30 cars on one side of the street has no choice but to park half on the pavement due to amount of times the wing mirrors have been knocked off, are you going to ticket all 30 cars?

#11 OFFLINE   oddbod

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Posted 04 October 2009 - 10:18 AM

Are all 30 cars blocking the pavement?
The pavement is for pedestrians.
If there are people with pushchairs/wheelchairs having to use the road because the pavement is blocked then the cars will have to move.
I would knock on doors and encourage them to park with a little more consideration.
I don't have an interest in upsetting 30 car drivers but I do have a duty to make sure pedestrians aren't endangered by the actions of the car drivers.

#12 OFFLINE   Nordoff

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Posted 06 October 2009 - 07:02 AM

I park half on the verge half on the road in my street.

This means the house opposite can park their car in the road and there's still room for cars to drive past.

The pavement is clear but my car is on the grass verge, am I in breach of that s72?

#13 OFFLINE   SkinSte

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Posted 06 October 2009 - 09:44 AM

I park half on the verge half on the road in my street.

This means the house opposite can park their car in the road and there's still room for cars to drive past.

The pavement is clear but my car is on the grass verge, am I in breach of that s72?


Is the verge a pavement? Do you drive your vehicle on the verge/pavement to get it there?

Justifying breaking one law to avoid breaking another one (causing an obstruction) when both were avoidable isn't going to hold up, I think...

#14 OFFLINE   bensonby

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Posted 06 October 2009 - 10:14 AM

what if the owners of the car lives on a busy main road, and with the other 30 cars on one side of the street has no choice but to park half on the pavement due to amount of times the wing mirrors have been knocked off, are you going to ticket all 30 cars?



and let's not forget...there's no god-given right to park outside your house. One doesn't own the stretch of road in front of one's house.... unless you live on a private road of course.

#15 OFFLINE   Nordoff

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Posted 06 October 2009 - 10:57 AM

Is the verge a pavement?

It's not paved. whether it's still classed as pavement or not I don't know.

#16 OFFLINE   SkinSte

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Posted 06 October 2009 - 11:52 AM

It's not paved. whether it's still classed as pavement or not I don't know.


Penalty on persons committing nuisances by riding on footpaths, &c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2; every person so offending in any of the cases aforesaid shall for each and every such offence forfeit and pay any sum not exceeding [F3level 2 on the standard scale], over and above the damages occasioned thereby.


As we don't know the area you're talking about, maybe you'd be best of checking with a lawer?

#17 OFFLINE   TallGuy

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Posted 06 October 2009 - 12:08 PM

As the OP lives in my area which is outside of London the answer for police action is answered in my posting, but that doesn't mean that a Council Parking Enforcement Agent won't have taken their course of action first. No obstruction of highway stated so that is not a course of action.

Problem to be reported to the appropriate borough council first, however an email to the SNT Team (contact details contained in the booklet sent to all residents) will raise it as an issue for police action.

Dorset do not have Police Traffic Wardens, in fact I didn't think such a thing exists.

#18 OFFLINE   Nordoff

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Posted 06 October 2009 - 01:32 PM

As we don't know the area you're talking about, maybe you'd be best of checking with a lawer?


If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers;



Each verge has a tree in the middle between driveways.
It can't be for walking on if there's trees blocking it, that's where me original confusion came from.
I don't park on the paved area and drive onto that verge from the dropped kerb of my driveway when that's full.


Either way, cheers. It's been food for thought

#19 OFFLINE   oddbod

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Posted 06 October 2009 - 04:48 PM

.... and drive onto that verge from the dropped kerb of my driveway when that's full.


There is an offence of driving on a verge, if there is a local council order in place :D

#20 OFFLINE   MrBlonde

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Posted 06 October 2009 - 05:11 PM

What's the score if the road is too busy to safely use, so you try to squeeze past on the pavement and scratch the car?
The owner sees you and says you did 'criminal damage' deliberately to teach him a lesson for parking on the pavement (which you didn't but it's your word against his).
How would you deal with it?

#21 OFFLINE   hampshiresaint

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Posted 07 October 2009 - 02:50 PM

If we all parked on the road on my road then no-one would be able to drive up, Therefore the only way if to park 2 wheels on the pavement if parked opposite someone already parked on the road.

#22 OFFLINE   Remzi Ray

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Posted 07 October 2009 - 03:42 PM

I would have thought it common sense not to park on the verge... a neighbour used to park half on the road and half on the verge and was given a ticket. I personally like to see verges that have not been turned into mud baths.

#23 OFFLINE   GMA79

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Posted 09 October 2009 - 12:58 PM

s.72 of the Highways Act 1835, makes it an offence to drive a motor vehicle on the pavement and thereby a vehicle which is parked on the pavement will be assumed to have been put there by driving unless the owner can provide evidence to the contrary. NEFPN notice applies and you will find out about these when you do your training, providing you do OK on Sunday.


Um, innocent until proven guilty? I am pretty sure that you can't FPN for driving the vehicle on the footway if you don't actually know who was driving.

#24 OFFLINE   SkinSte

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Posted 09 October 2009 - 01:20 PM

I was under the impression you could FPN unattended vehicles. Aside from that it has nothing to do with innocent/guilty, as the issuing of an FPN does not mean you are guilty.

#25 OFFLINE   TallGuy

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Posted 09 October 2009 - 02:48 PM

:D




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