The question “Are vehicles allowed to park on the pavement?” sounds like a pretty simple one and one to which one might expect a clear answer!
According the common knowledge it is not illegal to park on the pavement in most parts of the UK but it is an offence to drive on the pavement. Clearly it is not possible to park on the pavement without driving on it but it is harder for the authorities to prove who actually drove onto the pavement. It would be simple to legislate to make it illegal to be parked on the pavement but until now the authorities seem reluctant to enact it for obvious reasons.
The Highway Code rule 244 says “You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs”. ‘Should not’ is code for it not being illegal. The Highway Code fails to mention that it is also, rather randomly, illegal in Exeter which has it as a clause in its own Act of Parliament, the ‘Exeter City Act 1987’! Is every town going to have it’s own act of parliament to get this problem solved?
It is also however common knowledge in the transport industry that there is not actually any legislation in place that allows people to leave, or to ‘store’ vehicles on the highway at all, so who is right? I have been poking around the legislation and here is what I have found:
The core legislation appears to be the Highways Act 1980 which states that an offence has been committed if “a person deposits any thing whatsoever on a highway to the interruption of any user of the highway”, (S:148) and then goes on to say: “If any thing is so deposited on a highway as to constitute a nuisance, the highway authority for the highway may by notice require the person who deposited it there to remove it forthwith”.(S:149)
Personally I believe that pavement parking often ‘interrupts’ other users of the highway and often can be shown to cause a ‘nuisance’. If that is the case then why is this clause not used? Possibly I am missing something, or possibly no one has dared to use it yet!
The Act does include other sections covering various specific ‘things’ that can be left on the highway in certain prescribed circumstances, these include “skips”, “scaffolding” and “structures”. It also itemises various things that cannot be left on the highway including “dung, compost or other material for dressing land, or any rubbish“, and also “booths, stalls or stands, or encamps” established by “hawkers”.
Curiously the Road Traffic Act 1988 includes legislation making it illegal to park vehicles on cycle tracks, which incidentally includes shared use pavements. It says that “any person who, without lawful authority, drives or parks a motor vehicle wholly or partly on a cycle track is guilty of an offence” (Section 21). I am not clear why cycle tracks have been singled out for this favourable treatment but it could be useful in some situations. Incidentally the definition of a cycle track is any track that allows cycling and also a shared pedestrian/cycle route, but not one that allows any motorised vehicles. My reading of this is that a shared use pavement is classified as a ‘cycle track’.
The 1988 Act also states that “a person who parks a heavy commercial vehicle wholly or partly on the verge of a road, oron any land situated between two carriageways … or on a footway is guilty of an offence” (Section 19) . Incidentally a “heavy commercial vehicle” is defined by the Act as “any goods vehicle which has an operating weight exceeding 7.5 tonnes“. Unfortunately this legislation also excludes parking these heavy vehicles on the pavement or verge “for the purpose of loading or unloading loading where this can not be satisfactorily performed without parking on the footway or verge“. As such the legislation actually seems to create a legal right for heavy commercial vehicles to park on the pavement in situations where it did not exist before!
Another useful but little used piece of legislation is the Disability Discrimination Act which according to the government gives disabled people “important rights not to be discriminated against in accessing everyday goods and services like shops, cafes, banks, cinemas and places of worship“. It seems clear that not ensuring that pavements are usable by disabled people would fall foul of that one.
What do local authorities have to say on the subject? Many say nothing, Hampshire County Council do helpfully provide details of their interpretation of the law relating to pavement parking on their website. They refer to various types of ‘obstruction’ but fail to mention the more general clauses in the Act relating to ‘things’ or make any reference to vehicles on pavments or the Disability Act. To quote:
“Obstructions on or over the highway prevent the legitimate use of the highway and are a potential safety hazard for road users and measures shall be taken by the Authority for the removal of the obstruction. Obstructions on the highway take various forms and the most commonly encountered occurrences are as follows: Unauthorised signs, erections, materials or trading booths. The Highway Authority shall serve notice under the appropriate section of the Highways Act to deal with the removal of the obstruction:
- Section 132 of the Highways Act 1980 – unauthorised signs and structures.
- Section 138 of the Highways Act 1980 – illegal erection of a building or fence.
- Section 148 of the Highways Act 1980 – removal of dangerous deposits.
- Section 154 of the Highways Act 1980 – removal of dangerous trees.
- Section 143 of the Highways Act 1980 – removal of structures.
Where are the references to Section 148 relating to ‘things’ or the 1988 Act relating to Cycle Tracks and Heavy Commercial Vehicles or the Disability Discrimination Act?
The Department of Transport ducks the whole issue. Prior to the last general election their website said: “in some narrow residential roads with a lack of off-street parking provision, drivers have little option but to park on the pavement to avoid causing traffic hazards… The Government has no plans at present to introduce new legislation specifically aimed at banning pavement parking on a national scale“. Clearly the DfT is trying to avoid confrontation with car drivers at the expense of pedestrians and are possibly falling foul of the Disability Discrimination Act at the same time.
Interestingly a complete ban on pavement parking was included in to Transport Act 1974 , which went through parliament successfully but was then blocked by successive transport ministers, it failed to become law and was junked in 1991 due to ‘potentially enormous costs to local authorities and police of securing proper policing and enforcement of such a blanket ban’.
The good news is that the current law seems to provide for much wider police action than is acknowledged by either the DfT or many councils. We will see if we can get formal legal advise on the above in case I have missed something.
See The Law for more juicy details.
Pedestrian Liberation 
This is great work, well written, informative with all the facts clearly laid out.
Pavement obstruction is a pet hate of mine, I feel that some drivers find it genuinely offensive that they may have to park a few metres away from their front door/ shop/ venue so that they do not obstruct the pavement.
I love your last sentence.
Is there a definition of ‘highway’ – it seems to me that the road and the pavement are two different things, and as such a borad use of the term ‘highway’ to include both seems inappropriate when the term ‘pavement’ is also used. In my mind an obstruction of the highway, and inconvenience to users refers to the road and any vehicles on it — rather than the pavement and pedestrians?
Just curious.
The ‘highway’ includes the ‘carriageway’, ‘footway’ and any other features such as verges from one boundary to the other. The carriageway is ‘that part of the highway made available for vehicles’ (or similar wording), the footway is that part made available for pedestrians. To obstruct the highway does indeed therefore include obstruction of the footway, however the police can argue that the highway is not obstructed because pedestrians are allowed to walk on the carriageway or indeed on the verge.
Dear Sir/Madame,
Your website needs updating to reflect a more informed view of this guidance.You are reminded that all pavement licenses do not convey any legal rights whatsoever and are subject to primary legislation. As an example there is a requirement at ALL times to allow the passage of statutory vulnerable persons through chairs placed on the pavement,any obstruction such as steel railing deliberaty placed by the owners of cafes to prevent passage of disabled persons or carers is illegal.A number of case decisions place a duty of care on Highway Authorities to monitor and automate fines where cafe furniture obstructs access to blind people in a street environment 2m from the shopfront or building line into the pavement.This is common sense to provide access and guidance for this statutory protected group.
Your sincerely,
Mr Jones
So true…
Just had to park partly on a pavement. What else could I do?
I am not allowed to park on the road outside my house during the day (bus lane actually with no parking daytime and not even offloading during the morning rush hour).
After 30 minutes of looking for a decent parking space somewhere near home, all that was left was the cul-de-sac round the corner. I had to ditch one space that was not long enough for my car, another because there was a car parked opposite so vans would be unlikely to get past my car without scratching it / do my right side mirror in. My left mirror has already been damaged similarly, so I am keen to keep one side of my car undamaged…. I tried parking the other way round (left side exposed to passing traffic) but then I could not get out of the car due to a tree parked just a couple of inches from the outside edge of the pavement).
So I was left with just one choice: park near another tree lining the road: on the road or partly on the pavement? Parking on the road would be a risky business (narrow street with great potential for my car being damaged by a passing van or taxi) so I parked half on the pavement, close to the tree. In any case, the tree makes the pavement unsuitable for partly or totally blind people or people with mobility challenges. This way, at least, cars and vans can get past. The other day I was unable to park down the cul-de-sac as two vans parked opposite each other had effectively blocked access to the cul-de-sac higher up. How is that any better?
So difficult to do the right thing…
Pavements are for pedestrians. Roads are for vehicles! One day we’ll have flying vehicles like on Back to the Future so we won’t have to worry about it!
In road construction, a highway is from the back of the footpath on one side, to the back of the footpath opposite. A kerb would differentiate between a footpath and a road, but now in parts of towns there is no kerb and so who knows what is the footpath and what is the road. As pedestrians are now in the minority they are becoming an endangered species.
Are you referring to what is called ‘shared space’? If so the theory is that vehicles slow down to respect pedestrians. Not always the case in practice though. Walking a bit erratically as vehicles approach seems to get them to slow normally though. If you have problems then check out Lord Holmes’ campaign against shared space.
Cis – I’ll give you your due, you know you shouldn’t drive on the pavement, looked around for a place to park, and eventually tried to do the best you could. This is at the other end of the scale from the driver who drives as close to their destination as possible, and without a second thought drives up onto the pavement if there’s no parking bay right outside their destination.
And where there is limited roadway and the high chance you’ll both obstruct the road and get your car damaged to boot, well I understand and don’t blame you. Now consider this – in Japan, there is a one car per house limit, and you have to show that you have offroad parking for your car when you buy it.
Yes – it is difficult to do the right thing. 😦
The two van or any vehicle blocking any access is an offence and if reported will be prosecuted.
The highway is generally separated into two areas. The road for vehicles of all kinds and the pavement for pedestrians.
Why is it motorists and cyclists think because the road is busy they can park or ride on the pavement.
I’m sure if I was to walk down any high street in the road because the pavements are busy motorists would be frustrated and horns blasted.
Pavement are not damaged by walking on them, pedestrians only trip over broken raised pavement which have been caused by motorists. Motorists are fast to complain about and claim for pothole damage but ignorant to the injury’s they cause by pavement parking.
Maybe there will be more money available to repair our roads if motorists stop damaging the pavements
The rules should be simple nationwide. If you park on the pavement you should be fined and its your responsibility as the driver to park responsible.
I am also a motorist with many years experience and I never park on the pavement and if parking on the road would cause an obstruction. I park somewhere else and WALK
I agree with Peter Miller but take issue with his last statement regarding police procedure regarding obstruction. As I understand the legislation a highway is measured from the centre of the road to the back of the pavement (or footpath to use the correct terminology) As I understand it room has to be left on a pavement (footpath) allowing access for a pram, visually challenged pedestrians and persons in disability carriages which are not legally allowed on roads, no lights, indicators and restricted speed etc. The major problem is that there is no nationally accepted set of rules, local councils can bring in there own rules which visitors have to aquaint themselves with upon arrival in that area.
I find it difficult to understand why as a pedestrian I should have to leave the footpath and walk on the road to get past a van, lorry or car, I walk my dog and we often have to leave the footpath, I can understand a bit of a vehicle being on the footpath where the road is narrow but the whole thing seems a bit much, am I allowed to sue someone if I get injured as sometime you cannot see round the vehicle?
It seems very basic and tribal to me. For too long success has been linked to car ownership and pedestrians have accepted their place which is reinforced by the authorities who avoid strong laws and ignore them where they do exist. Do please make a fuss everywhere, with the police, your council and your MP. This will only change when pedestrians make it impossible to ignore.
I know this is a few years after your comment but this article was great reading and as a community we are having to fight, really hard because we have a Premier Inn next to us and the A14 along side! HGVs having been parking in front of our flats, we also have a school, children’s play area and sports facilities in front of us, where the HGVs have been parking on the paths during the day and night while they stay at the Inn. We have had no choice but to start fighting because the problem got completely out of hand and wont be sorted out otherwise because the Premier Inn and A14 will always be there. I live on a new development in Orchard Park, Cambridge, and can imagine the future when work starts on the A14 if we don’t sort the problem out.
What a great idea sue the person for causing the obstruction that caused your accident,ide be very rich I dice with death on a daily basis walking my dog ,I have exactly the same problem as you,I’m going to research your query see if it’s possible to sue these ignorant people who park where they like leaving you no choice but to walk in the road.
I see mention of the word “offense” as opposed to “offence.” Is this site U.S. or U.K. based?
UK based – I will update it thanks.
police have abdicated their responsibility for enforcing law 244 to the borough council.the council just ignore the law.
Out of interest, are you referring to a London Borough or elsewhere. Unfortunately rule 244 is useless outside London given that it is only advice so the police can’t use it.
Just a small note but if a motorist parks on a residential pavement in Hampstead, London or has parked in a driveway but leaves two tyres on the pavement, he is ticketed by a traffic warden – usually in less than 30 minutes!
Nice article. I live in Crawley, West Sussex. There is not a huge problem with parking on the pavement here but on one particular road it was rampant. After reading about the problem online I had pretty much decided that nothing could be done. Before giving up I decided to send an email to my local neighbourhood policing team. The day after I emailed a PCSO knocked on the doors of the houses on that road to discuss the issue. Now no one is parking on the pavements. That is such an amazing response to such a small effort on my part. This is the second time I have contacted my neighbourhood policing team in the past few years (yes I am a malcontent) and both times I received great service. You can find your local team on the police.uk website. Highly recommended.
Please make parking on the pavement illegal. Roads for cars pavements for people!!
I assume you either don’t drive, or you live in a place where there are fantastic car parking facilities and wide roads and everything’s perfect?
Well we don’t all have those luxuries!
If I never parked on a pavement under any circumstances, I’d never be able to get anything done and I’d waste hundreds of pounds’ worth of diesel every month, driving round, looking for spaces 😛
Concerning pavements, vehicles are bad enough, but refuse bins are worse.
Residents putting the big bins out tidily creates a predictable obstruction to those with impaired vision or mobility.
Refuse collectors leaving them scattered higgledy-piggledy anywhere on the pavement is very much worse.
The very much smaller waste food bins, scattered about, are an even bigger hazard.
Most Politicians and Councillors lack the guts to take the simple action needed even to get their refuse collectors to put bins back where they find them.
For sure. I have done a bunch of posts on the subject and encouraged our Councillors to do just that. Check out related posts here:
https://pedestrianliberation.org/category/wheelie-bins/
Cars on the pavement causing an obstruction is only part of the issue the danger to pedestrians when the cars are mounting and dismounting the pavement is the real danger and I think the real issue.
Hello.
I have recently set up a facebook group with the name “Prevent Parking on Pavements” I would like to invite anyone with an interest and belief in this cause to join this group and to help us with our cause. I would also like to ask a question, if on this facebook group, we were to post images of faulty parking i.e. how someone parking on the street has caused someone else to have to use the road to get past, would we be required by law to blur out or delete the cars registration plate?
Again, feel free to join our facebook group, even if you just want to take a look anyone is welcome. You can find the group here: https://www.facebook.com/groups/pavementparkingprevention/
Hope someone can help me with this!
Regards,
Claire Watson at Prevent Parking on Pavements
Peter
great site; I came across it while trying to find out what a ‘special enforcement area’ is. It’s my intention to get my Council to become one.
A couple of thoughts as a serving police officer of some 20 years. Firstly, the majority of front line police officers think that parking issues are the Council’s problem, and I see them ignore pavement parking, parking on pedestrian crossings and so on. The apathy and the ignorance bothers me greatly.
Secondly, as far as the offence goes – and apols if you’ve written this up elsewhere – the offence of Unnecessary Obstruction of the HIghway is still there for use by the police. As mentioned above, the highway includes the pavement, but I’d argue that any parking that stops a pedestrian having normal use of the pavement is a straight up offence; saying that someone can walk round an obstruction is not a defence.
Thirdly – on the Facebook post above. I can see no issue with posting whatever you photograph in a public place on the internet. You are not revealing personal data, and as private individuals we are not bound by the Data Protection Act. I shall be joining Facebook and your site shortly!
Keep it up guys.
Section 218 of the Highway Code covers this in one go. 217 does as well. The best part of all is that you can not park on a bend. Funny how you always see cars parked going round bends on the pavement.
Thanks for that. I will take a look at the section you mention.
A couple of points:
Firstly, I think you are using section numbers from an odered edition of the Highway Code. Secondly, the sections you refer to start with the phase ‘DO NOT’, rather than ‘YOU MUST NOT’, and the ‘do not’ version is entirely optional from a legal perspective. As such the code says you shouldn’t park on a bend, but doesn’t legally stop you from doing so.
Regarding the discussion about parking on the pavement: (today I had to negotiate with a large dog into the carriageway around a van who parks near my house, I pointed out to the miscreant that the pavement/footway is for pedestrians, it’s safe to do so in company of a large dog!) I think the more interesting legal area (since there appears to be little other protection) is in the event of an accident or damages occurring to someone trying to negotiate the footway when it is so obstructed.
For example, would insurance cover for liability when a driver parks a vehicle obstructing the footway and someone trying to get past has an accident as a result of this obstruction?
Needless to say, I do sympathise, however I think it might be very difficult to prove in court that the injury ‘was caused by the obstruction’. I can see all sorts of evidence being produced to prove that it was due to someone or something else!
Check out the new road and streetworks act – ACoP. In this it states that when work is undertaken on the highway (roadworks or similar) that a width of 1m must be maintained for pedestrians. Where this is not possible, a walkway, with ramps and barriers and a safety zone of cones must be provided for pedestrians to pass the obstruction. I wonder what would happen should a pedestrian or animal be struck by a passing vehicle. It seems like a huge knock on from that one vehicle parking completely on the footway…
Very interesting. Can you point out the relevant section – I can’t see it?
Luke
this is very relevant as it says very clearly that the bare minimum accorded to pedestrians is one metre. Can you dig out the section and post it please?
Is it illegal to park a car on the pavement in a residential street when there is space for 3 cars in their driveway in Aberdeenshire
No, I do not believe there is any legal requirement on motorists to use private spaces rather than park on the road!
Just to follow on from my previous comment- a couple of days ago, in exactly the same spot I was walking on the pavement in the evening with my dog. The resident (and neighbour)of the adjacent house got into his car which was parked on the pavement outside as I was about to pass. As the car was restricted by a tree on the pavement in front of it, he proceed to reverse at speed backwards into my dog which I had to pull out of the way to avoid it being hit. I am speechless. The bloke had clearly seen me on the pavement and this wasn’t some boyracer (though since late in evening the bloke may have had a drink).
I think I am going to start filming on my walks!
In Leek, Staffordshire, and surrounding towns, there are many residential streets where the road is so narrow it makes pavement parking mostly a necessity.
In those particular cases, I feel the pavements should be totally removed and the whole road made into a pedestrianized zone with a ten mph speed limit or less. Notices would need to be placed impressing motorists that pedestrians are to be given right of way.
There are also other more modern and wider residential roads where cars are still habitually parked, by some people, off the carriageway and therefore blocking the pavements. Motorists are able to drive at high speed down the residential streets, and pedestrians have to avoid those cars while they circumnavigate the obstructions. Pets, children and disabled people are at particular risk.
Unfortunately, due to the habitual use of pavements for parking, many (stupid?) motorists now view the pavement as a layby for their precious tin. They do not seem to care that parking on the pavement places children, pets, disabled people and everyone else at risk. We also have been forced to jump out of the way by vehicles that bump up onto the pavement and drive directly at us expecting us to get out of their way. They simply do not see pedestrians as having any point of view or any value!! It is only a matter of time before someone is badly hurt.
Pavement parking should be treated as dangerous driving.
In Leek, we now have pedestrian-ized zones in our main centre. However, it has NOT been made clear to road users or to pedestrians where the demarcation lines begin or end. We have pedestrians uncertain where it is safe to walk, and we have motorists traveling at speed through pedestrian (?) zones. This chaos has worsened the risk to pedestrians as well as reinforcing the pavement parking menace.
Please help.
Who do I contact about pavement parking in my area? I live in Henbury bristol.
Your councillor, MP and local paper would be a good start. Don’t expect anything to happen in the short term unfortunately, but to let them know your views. In time weight of numbers may actually persuade them to act. In the short term they are likely to continue to bury their heads in the sand!
MY HOUSE IS IN A SQUARE AND 2 OR 3 CARS PARK ON THE PAVEMENT THIS CAUSES ME TO MOUNT THE PAVEMENT OPPOSITE AND DAMAGES MY TYRES.
25a High Street
Hampshire
Dear Sir
I am writing to ask about an on going parking situation, which has been going on for properly 30 + years.
My property is in a village and the original building was built in the 1800’s.
In times gone by this building was an off a licence “ Eldridge Pope” and the path that went around the building was purposely made wide enough with 2 large trap doors (which have been replaced by concrete slabs )for the drays ( horse and cart ) to deliver the beer kegs.
There are evidential photographs throughout the decades to prove this.
It was only our property along this path that had this right of way.
For many years the local bobby and the traffic warden were understanding to us parking 1 car there …if we parked close enough to the wall, to allow pedestrians to walk by safely . This was fine with us.
Then is 1990’s someone complained and this was taken to court and full surveys were carried out by the police who back us as they believed this did not hinder access out of a junction in front of the premises, on to the road through the village.
This property is on a peninsular. On one side of the property is a small village through road and the other side is the main road to and past the village.
With the car parked close to the wall, visual view form the junction on to the main road is not inhibited. In fact the police report said it caused the driver to be more cautious and resulted in less accident.
Now that the parking is no longer under the control of the police /highways , but under the control of the council, does this effect the right I have to park outside my property?
1/ We have for many 20 + years been parking here with due care.
But I have a Disabled daughter who has Arthritis and is Registered Blind. We need parking outside for many reasons.
2/Because this was thrown out of court by the c.p.s because it would open the flood gate (as they said).
3/ Can I still park here?
4/ Is there a precedence set ?
I feel this is all going to blow up soon as other tenant who live in adjacent properties have started to park there and I am afraid this could severely effect my Disabled daughter ,if the traffic warden get funny.
I look forward to your reply.
Kind Regards
Deborah Atkinson
If I remember correctly, “Richard’s Bicycle Book” (Richard Ballantine, 1972) said
1) It’s not illegal to park on the pavement
2) It is illegal to drive on the pavement
3) Being parked on the pavement does not count as evidence of having driven on the pavement
Not sure if any of these have changed, for the 2000 updated version,or since …
Not real changes, expect for the development of the smart phone which means that most us now carry a video camera with us most of the time, with a good time lock and often a GPS reading. Video from the public is also treated as good evidence in court as was proved when the police appealed for video from the public after the London riots. Not heard of it being used, but it changes the game! If there is a notorious spot, then set up your own CCTV!
A mother of 4 children, 2 of which are twins I am well aware of the difficulties of having to try to squeeze past a car parked half on the pavement. I have so worked in the health care sector for over 20 years and know the difficulties that wheelchair users and sight impaired people come across. However, living on a busy road with insufficient parking for residents I find I ocassionally have to park on the lavement. I ONLY do this when I have no choice and when I do I ensure I park with 2 when on the road, that I am not within 10 metres of a junction, that I do not hinder anyone’s driveway and that there is ample, Yes AMPLE space for a double buggy with 2 children hanging on each end or a wheelchair laden with shopping bags or a blind person with a guide dog to safely walk past without being hindered in any way. I understand that not all drivers are so considerate but please try not to tarnish is all with the same brush. I am also a pedestrian as well as a driver. Equality & diversity/harassment legislation -bear that in mind as if I keep having police knocking at my door to tell me I m parked legally but there’s been a implant then I shall consist this to be harassment and act accordingly.
Anita, there is a statutory defence to harrasssment in that any police officer acting in accordance with the law cannot be subject to a complaint of harrassment. If it did happen – which by the sound of it is unlikely as you do your best to avoid obstructing the pavement – then the answer is in fact to comply with the law.
Looking back to Eric’s post – your quotes are correct BUT omit that it is an offence to obstruct the highway unneccessarily (or wilfully); the highway includes the pavement etc from building line to building line. In most places this is still a police matter as local authority parking wardens are not empowered to deal with this particular offence; it remains a police matter.
However having written to my MP, I have received a comprehensive reply from the Dept of Transport undersecretary which explains that a local authority can empower its wardens to deal with obstructions of the highway by means of fixed penalty notice, in the same way that they are empowered to deal with no waiting offences.
I have not progressed this with my own local authority as the parking wardens are never seen here in any case (and work a contracted 9-5 weekdays, till midday on a Saturday and not at all on a Sunday!!).
However this may open the doors for some of you to petition your local authority to pass a byelaw to effectively pass enforcement of obstrcutions of the highway from police to wardens. Worth a go if you really do suffer!
i have a neighbour whose car has been parked fully on the pavement for 3 months, the car has not been moved at all in that time, I have contacted the council and they can’t help . it is just a pain as we have to be careful when we reverse out of our drive, they do have a drive on which they have a people carrier which also has not been used for months and the taxi which he uses.
Do please also email your MP. We need to put huge pressure on the MPs to do something and they are currently hiding. They need to feel our displeasure because local councils will only do something with the support and encouragement from government, and the current administration is doing the opposite of supporting them.
We had a similar problem, bounced between council and police, in the end, our local councillor got a sticker put on it and the owner move it.
within the last four years I had the council to drop the kerbs and make a run in to my driveway part of the cost was to cover heavy duty hardcore beneath the pavement over which my car will be driven but I am puzzled over why I was made to pay for this when
everyone else parks on the same pavement completely free of this charge ? I notice also the pavement does not need strengthening to allow the council road sweeper to drive along it this vehicle being three times the weight of my small car
Ken
Part 1 is why this website exists – people break the law and don’t get taken to task. I bought a house with a drive and garage to avoid having to park on the road, and it annoys me just as much to see people thinking the council have provided them with a free driveway outside their house. You have my sympathy.
I often have to pass cars parked half on the pavement carrying two bags of shopping. If there is no one in the car I walk past the wing mirror fast to avoid walking in the mud or the hedge. Mirrors are designed to fold when hit and if it obstructs I think it’s fair game.
Cars don’t have wing mirrors (on the front wing) any more, they now have door mirrors.
Indeed. Construction and Use law refers to them as exterior mirrors if we want to be 100% correct. The issue is does a pedestrian have the right to remove an obstacle that impedes their use of a highway or right of way?
I know from involvement with walking groups and also cyclists and others, that blocking footpaths, locking gates across footpaths/bridleways/green lanes etc is an uneccessary obstruction, but something in my head says there is a right for a user of a right of way to take action to remove said obstruction. This has included boltcropping chained gates, but it has to be the minimum necessary to allow your passage.
If you cannot get past without folding a mirror in, I prefer to fold the mirror in rather than risk damage to it by clatterng it with my shopping.
It is my pet hate seeing the pavement blocked by parked cars. Especially outside houses with empty drives and when I am forced to walk sideways to avoid the muddy verge or hedge. I only wish it was illegal where I live as I have been forced to walk in the rad before now.
Andy, if you live in England/Wales it is illegal to unneccessarily obstruct the highway and that includes the pavement. Ask for some police action.
Put the pedestrian before the car. Petition to ban parking with wheels on the pavement, there’s no need. Park on the road, cars will just have to slow down.
New-build pavements should not have slopes for driveways, but remain level, cars need only a smooth kerb stone, again slows cars down. Similarly, pavements should cross minor roads at junctions, cars can go up and over. All this will slow cars and encourage walking, and cycling.
What I fail to understand is that the councils chase up people who park on drives with no dipped curbs but are fine with cars parking on the pavement, even making the pavement a parking permit only. Then how comes if I was to buy a permit to park on the pavement i could not then drive on to my drive? It seems all they care about is money. Could someone clear up how they can argue one thing but then allow the same thing in a different context?
in your top section you mention that the authorities can not act on parking on pavements because they do not know who has parked there.
surely if the local police force are made aware who the vehicles belong to they should act?
The game the police play is to say that they know who owns the car, but not who drove it. Also, that the law does not allow them to demand that the keeper tell them who was driving it. Video evidenced should work though, but it is rare for the police or anyone to dare pick this up effectively.
If I can assist here for Peter and John
In the vast majority of parking tickets issued by police, and now most commonly by civilian wardens, the car is unattended. Under UK law, the registered keeper of a vehicle has an obligation to inform the relevant authority who was in charge of/driving the vehicle at the time of an offence (Section 172 Road Traffic Act) – this is the same law that is used for speed cameras for instance.
Therefore can I say in response to the last two posts, this is the police/authorities being disingenuous. You might have guessed by now I am a police officer, and there are no legal issues at all over attaching a parking ticket to an unattended vehicle if it has committed an appropriate offence.
I’ve looked through the thread John to see where Peter says that “the authorities… etc” but can’t spot it. The issue – at least where I live – is that when many of the parking offences around No Waiting were decriminalised and taken from the police, the civilian wardens were not empowered to issue tickets for Unneccessary or Wilful Obstruction (which is the most suitable offence for a car on a pavement). That authority still rests with the police for the time being, but a letter to my MP last year discovered the interesting fact that the local authority could authorise the civilian parking wardens to issue tickets for obstruction if they amended the bye law that gives the civilian wardens their authority.
Therefore sorry to correct you Peter – but to the best of my knowledge, either authority can identify the owner of an offending vehicle via the number plate, and then apply Section 172 if the registered keeper says “it wasn’t me what did that offence guv’nor!”
Hope that’s helpful – drop me a line if anyone wants further detail.
Very helpful. Thank you.
I live in a Cotswold village and I am constantly enraged by the number of times i have to step onto the road because the pavements are obstructed by vehicles. I don’t want to fall out with my neighbours but I am having a running battle with one neighbour who tries to insist that I park on the pavement instead of parking on the road outside my property. When I park on the road I only block the access to only my own property.
Join the club! As you can see from this blog the problem is getting worse all the time because we have more and more cars every year in this country. Do raise it with the council, police and MP. In time they are going to have to address the issue. Thanks for the message.
Hello, I’m so happy to find this page…. I live in Harlow and everyday I come out my home and walk to the main road near mine….there are constantly cars parked on the pavement and I have no option but to either walk in the road or cross over to the other side where the pavement is clear, walk down that pavement for a minute or two before crossing back over to my original side of the pavement to carry on my journey down a side street. Cars have been parked fully on the pavement and even sideways all the way across it… I don’t want to seem like a pain to phone up the police everyday to complain about obstructions….but where else do I go…..I’m worried that one day I am going to get hit by a car….as I’m walking in the road….and I feel frustrated that I feel I should’nt say anything and just cross over to the other side and put up with the inconvenience so that I don’t cause a fuss…..but why should I have to feel this way…..my sister gets no where when she complains about the Parking in her area…all she gets is “there’s nothing we can do…there lots of Car Parking Issues”….But this isn’t going to go away…I fact it’s just going to get worse…so why isn’t anything being done now to try and put these issues right…. This all needs to be addressed now….not keep brushing it under the carpet because no one seems to want to so anything about it. Maybe it’s that no one knows how to solve the problem… Well there’s lots of unused garages not being used….maybe the amount of Cars each household has should be no more then 1 per house… And then properly story car parks could be built near by to carry the extra vehicles and maybe people’s front gardens could be used more….something has to be done… NOW!!!!! Yes?
Thank you for your message. Do email your MP with your concerns as well. The problem is only getting worse and they are going to have to act soon,
I am a blind veteran 22 years service, everyday I have to run the gauntlet of cars parked on the pavement, not with 2 wheels but all 4. I have a guide dog, but I just turn round and go home as it is just far to dangerous for me to leave home, I am a prisoner in my own home now.
Merseyside Police turn a blind eye to all car parking saying they consider it a non priority as they have other things to do.
If I make a complaint to the police, you get no answer or help whatsoever,
I have decided now to seek legal help to sue the Police and my local Council under the Disability Act 2010, and the United Nations Convention which Britain has signed, Police should act with fairness, integrity and impartiality this is not happening, definately not in Mersyside
I hope you get some joy Gerry. I only have to struggle past cars blocking the pavement with two bags of shopping. It’s shocking that the police don’t want to know.
I’m sorry to say Andy that this is a common experience. Lack of police action in my area has seen the cars get further and further onto the pavement, and more and more motorists see it and think it’s become acceptable, so that when we do ask for some action, the molehill has become a mountain.
If I can offer any hope at all, please look at the GuideDogs website – it’s a shame that it has to come to this to get anything done at all, but I think that they are the ones to back at a national level if you want to effect some change.
Gerry – all the best with your effort; if we can help, we will.
This is a problem in the vale of glamorgan. We have someone bringing his work van home and obstructing our drive. Police havent done a thing. ……even when “said” family hailed Verbal abuse at the officer? ?
It just doesnt pay to be ” nice” anymore!
If it is lawful to drive on the footpath, what redress does a pedestrian have if they are injured by a vehicle doing so.
If the motorist actually causes injury whilst driving I would suggest that it would be one of ‘driving without due care’ or ‘dangerous/reckless driving’ – the challenge being that of presenting compelling evidence. In most cases it is simply nuisance or obstruction which is not in general actionable. Alternatively it is damage caused to cars by pedestrians as they squeeze past (which is actually a matter for which the pedestrian can be prosecuted by the vehicle owner, believe it or not).
My neighbor regularly parks half on half off the pavement blocking the way for the rest of the residents is this illegal.
It pisses me off having to walk on the road to pass a vehicle that has parked on the pavement next to double yellow’s blocking access to pass safely. If it is illegal to park on double yellows, then it must be the same for parking on the pavement. That part of the highway was made for pedestrians after all. Not for some halfwit to use as a free parking spot whilst popping into the shop.
If double yellows are on the road, they also apply to the adjacent pavement, one of the rare situations where the council will take action.
Ok three things to consider
Traffic wardens and yellow lines; the offence committed is ‘No Waiting’ and all that has to be witnessed is that the vehicle was waiting on yellow lines. The ticket goes to the registered keeper if no driver is with the vehicle, and they have to explain who was the driver if it was not themselves.
The police and unneccessary obstruction of the highway: the offence is that someone’s passage of the highway was obstructed, and again the ticket goes to the registered keeper if no driver is with the vehicle, and they have to explain who was the driver if it was not themselves.
Both offences can be dealt with by ‘slap and run’ parking tickets.
Driving on the pavement: going from memory, this isn’t a matter the police can put a ticket on the windscreen for, which I think explains why it’s not so much used. There does need to be evidence that the vehicle was driven on the pavement. An eye witness is ideal, CCTV if it’s there is excellent. If this is lacking, it takes one or two short questions from a police officer under caution to provide evidence to prove the offence: “How did your vehicle end up on the pavement?” or “Who parked your vehicle on the pavement?” If the driver tells lies, eg “I had it lowered there by crane” well I’d be asking for details of the crane hire company etc and doing anuthing I can do discredit their story. Failure the answer the question allows a Court to draw inferences of their guilt.
Sorry about the law lecture but you may as well know how it’s all supposed to work…
If it is not illegal to park on the footpath, and yet an offence to drive on the footpath, how did the parking vehicle get there. Was it lowered there by some mechanical device?
It’s all to do with evidence. The need to prove who drove the car.
When a traffic warden places a parking ticket on a vehicle they are not interested in who drove that vehicle.
There is an obvious empirical link between a car parked straddling or fully on the pavement and a momentary driving offence having taken place.
Consider the device of that legislation though: It is there to assist constabulary officers in the restoration of public order, should a conflict of interest arise and lead to dispute, violence or unlawful action. So any criminal offence that involved driving on the pavement would be prosecuted for more severe charges.
Anyone left bewildered and insensed that the Crown Prosecution Service is not processing cases of victims “made to walk on muddy verge” or “forced to negotiate tight squeeze with pushchair” is living in a bubble of self-importance.
I’m having ongoing probs re vans (mostly Loomis) parking outside Sainsburys in Liverpool on the pavement. I am blind and have nearly been ran over by the ignorant drivers as they drive off the pavement.They park right where I need to cross on Old Hall Street to get to work. So fustrating. People have had to help me round the van to the pedestrian crossing and also have grabbed me as the van was driving off the pavement. Shocks me that this is allowed to happen. Will it take a blind person being killed to change the law.
Thank you for sharing this. I agree, this is obscene and is something that politicians are going to have to address very soon.
Rule 244 of the Highways Code states that you should not park on the pavement unless there are signs permitting you to do so. Footpaths, in general, are not constructed for carrying vehicles and I am convinced that local authorities do not know how to solve the problem of parking and are just turning a blind eye (no pun intended) to vehicles parking on the footpath. Councils are paying out many thousands of pounds in compensation to people injuring themselves due to footpaths in a state of disrepair. Why don’t they prosecute drivers.
Do please contact us on mail@pedestrianliberation.org. No promises, but we may be able to help as we have some university students working on how they can the law to help people in situations such as yours.
if a police radar van is parked on the pavement and across a cycle lane booking offenders, then is the van breaking the law? . if so how can he legally prosecute speeders if he also is breaking the law.
As it appears that it is now not an offence to park on the footpath, I am not going to waste my time complaining about it.
I’m surprised nobody on this site mentions Traffic Regulation Orders(TRO’s) which is a legal instrument and has to be obeyed by law.In my issue of trying to make the Council aware that parking on the footway creates problems such as safety to the public and damage to said footways they refuse to implement the order that they themselves actually introduced!Double yellow lines,double yellow kerb blips with the appropriate no loading at anytime sign in situ constitutes vehicles ,except emergency vehicles are not allowed on the footway at ANY TIME.
Despite asking on numerous occasions why they are deliberately ignoring the legislation they fail to reply and I have been told that nobody from the Council will reply to my emails! A euphemism I fear for “Gagged”
Thanks for that. Can you email your contact details to mail@pedestrianliberation.org ? We may be able to encourage your council to respond!
As a disabled wheelchair user this becomes not just a matter of inconvenience but a safety matter. Only just this evening I was nearly hit by a boy racer because I had to go out in to the road to get around a bunch of parked cars that were parked so far on the pavement they were completely blocking it. This was on the housing estate that I live on. I often come across this in other places within the Bristol area, people parked on drop kerbs, on pavements, blocking roads completely and so on. We’re a “new build” estate and they just don’t plan in enough parking for all the households, houses were assigned 1.5 spaces (who has half a car?!) and flats either .5 or 1 space. So I understand why they park on the pavement but that doesn’t take away the fact that it is really dangerous for me to get around the estate because of it. I’m not even sure if there is anything that can be done about it or who would be responsible.
I don’t think the government even knows what to do about it. Unlike many decades ago, when cars were in the minority, they would not be allowed to park on the footpath. Now that car ownership has greatly increased, and footpath users are now an endangered species, I do not think that anything will be done about it.
until someone gets hurt unfortunately.
Cars on the pavement causing an obstruction is only part of the issue the danger to pedestrians when the cars are mounting and dismounting the pavement is the real danger and I think the real issue. Some drivers drive for 25 yards or more at speed where I am getting on and off the pavement. One parks his whole van on the pavement, totally blocking it. I have accidentally scratched many a car when squeezing past.
In your mind, having to negotiate a juxtaposed vehicle is a social nuisance, yet scratching cars is not aggravated defacement of property but something you can smirk about whilst feigning exculpatory ignorance. The highway codes in the UK are a fine example of carefully considered preventative measures for road safety… They are not a partisan manifesto intended to incite a zealous sense of duty into citizens that they might enact retaliative justice against those who struggle to adhere to them.
Could or can you claim the car owner if you injuryed yourself off a car parked on the pavement. Would the car owner claim you if you damaged the car parked on the pavement. Also as most pavements are made for walking on if there are damage to services below is the car owner liable for it. Where I stay most houses have a driveway that would hold up to three cars plus a garage and they still park on the pavement rather than the road which is for cars .I think councils that are short on money could bring out a pavement parking tax and add it on to the council tax at a part like water and sewage which is not able to get a rebate on and companies can’t claim it as a tax deductible.
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Car owners can certainly claim from pedestrians, not heard of it happening the other way round personally, but not checked thoroughly. Councils claiming of individual motorists- haven’t heard of that, but bham did propose to serve asbos of motorists for messing up verges. Do press your local papers and counsellors on this important issues.
Recently some MPs tried to get the Law changed but other MPs said the Police have enough to do as it is. it is RIDICULOUS that it is one rule for London…and Exeter and another for everyone else. Unless a Local Authority has put up notices saying that it is permitted to park on the pavement, offenders should be penalized. Where I am if you report anything you end up with a PCSO and their knowledge of the law is rather limited. A neighbour had someone park across the pavement directly in front of their entrance (no front garden). When this was reported a PCSO turned up the following day (hoping the vehicle owner had gone to work and moved it) and left a note “Please do not park here” considering the road was empty when they showed up a PENALTY FINE would have been more appropriate. It had been there for about 5 days.
I stay in a busy road where its dangerous area. Where most corners are markings keep clear.! Ve been paralized for 7 years ,
I have a young daughter whom w
Ith most in my daily journeys !
Every day issues as constantly , i drive a powerchair.
These keep clear markings & low kerbs.
As i had to argue with glasgow city council to get these to be done .
However people are constant parking all over & ignoring these as theres not a little so much as enough to let me get & off the pavements to get home !
My understanding was drivers needing to leave enough space for pedestrations , disabled.& pram users to get through..
Sorry for very inconsider drivers may i ad ive never came across those people. Who think they have the right to have a car & own the road & pavement .
Ive fought very hard & long for this as its disgusting as im most days i cant get out for the pavents to get off.as theres not enough space not even as little as finger !!
Ive called roads dept to been told , theres nothing they can do about it & with rudeness ! Its a police matter with an abstruction & the
Same passing the buck.!
These cars are parked.where we stay.as westend, its people are working in the town ,& sometimes leaving days as on holiday especially in these keep clear signs !
Also roads dept are needing these redone.for white signs again.
Its just totally ignorance that drivers know the rules & say oh sorry i never seeing these lines.
To let everyone know its been a very long process with roads dept., roads traffic dept.
Lighting ect .& still ongoing issues.
I decided last week.to.phone up to city council parking to ask for advice .as i was trapped to get on & off pavements to get home . & to my disgust &distress as i was constant.take pictures of the cars / vans & as i thought. Was as an ubstruction!
My powerchair only climbs a few inches to the kerbs , as great is for myself it doesnt fly
Or for that matter a magic carpet !
To my doctors as well.as these same issues
Im getting nowhere ,
Ive went to city counciller & with them all passing the buck.
Therefor im demanding a big meeting with everyone & thrash it all out without taking rudeness !
The parking dept last week was very ignorant to me said what can i do, & i was very upset & asked to see if she. Could help for me ,
To explain, i asked her do you have any kids , with totally shock she says thats not any of your business ?
I was trying to explain theres no space to get a buggy or disabled to get through off the pavement !!
I asked the girl if i could have her name & rudely says ive already.told you.it before & i says well can have it again please.rudely ! I said can you let me speak to your boss & says she will you tell you the same as me & i demanded will i will here it from the boss not you , .? Let me tell you the girl had me begging on the phone for help ,
The boss listened & told her too. That was people on the kerbs & pavements !
To let people understand theres no parking attendants in our area ,
I send all these issues on parking , on all these corners even police , fire brigades.& ambulance services& doctors.& nurses ect
Cant to get by & even speed bumps people this a race ,
When i get ambulance transport for the record no dont have a parking low kerb space as the paramedics struggle for space to get to me .
Also last year i took a stroke., its disgusting that ive got to explain some people dont have any consideration for anyone never mind disabled !!
Theres always somebody worse off than me , so lucky to be here with my daughter !!
Im struggling with all these issues
Therefor im not any further help
I my in thinking why cant They ask their colleagues without being stressed , in a better way !
Not everyone is as ignorant
as ive experienced !!
Ive given all the most important rules .before in jumping , its high time these issues sorted !!
Partick thistle football grounds
Are 5 mins walk , its worse when theres games.theres now a big problem.
Its bad enough been disabled with rudeness
Also as most pavements are made for walking on if there are damage to services below is the car owner liable for it. Where I stay most houses have a driveway that would hold up to three cars plus a garage and they still park on the pavement rather than the road which is for cars .I think councils that are short on money for towing could bring out a pavement parking tax and add it on to the council tax at a part like water and sewage which is not able to get a rebate on and companies can’t claim it as a tax deductible.
I have a shared drive access with a neighbour. He parks his car (one of three) on the pavement outside his house facing the wrong way which means that if and when I have visitors, I have to move the van off my drive to enable me to move my car.
I have contacted the police and they have said it is a civil complaint that I have and not a criminal one.
The police had said for me to contact a solicitor and take him to court.
He is facing the wrong way and parked up on the pavement. This is a contravention of the Highways Act and preventing the normal use of the pavement.
How can I stop him doing this as I work as a carer for my elderly mother and cannot afford a solicitors fees and I don’t qualify for any benefit
As far as parking on the footway goes the only ,repeat only way of achieving anything is for someone like Pedestrian Liberation to take a Council to court as for an individual to do so would be prohibitive as the Council would use every trick in the book to avoid this and there would be delay after delay.There is no backing from the Police.They hold their hands up in horror if you ask for their involvement.”Go and see your Council!”.
My own particular case of illegal footway parking has the law on my side in the guise of a Traffic Legislation Order which is a legal instrument.The response I get from my Council is to bar me from having any contact with the Council except through the Chief Executive who surprise.surprise my emails don’t seem to get through!So folks that’s it unless you put your money where your mouth is or get someone who is prepared to take a Coucil to court you are wasting your time!
Wait until his car is parked on the drive and then fit a post on your side.
Village pavements are not very wide or constructed of materials which can withstand constant half parking. Emphasise the utilities at risks, eg Water, Sewage, Gas, Electric and telephone and who pays if damaged by constant driving on the pavement to park preference. (Date 23/2/2017)
Not a lot of sense really as our street is full of cars parked half on the path and half on the road people have to either walk on the road to get past or walk on people’s gardens it’s difficult to get off our drive in the morning as the cars opposite my house are parked on the path n road it’s like this all up the road on both sides
I see many choises: Care share, Public transport, get rid of the car, walk, taxi, etc. What about the infirm who have tio walk on the muddy verge or in the road to get past cars parked half on the pavement and risk accidents in the road? What about mothers with push chairs who may not have room to get past on the muddy grass verge between the car and a garden fence, who are then faced with potentially taking their young child into the path of cars?
Frankly, it sounds like it is more difficult to get a parking space (unless fortunate enough to own a property with off-street parking) than it does to emerge from a driveway.
My sister is disable and use of a wheelchair I everyday now for two years have difficulty parking at my front door as gpu to five large van parks opposite and cause nuisance at 2am I the morning driving out and leave engine on at for half hour five six man leave in one home and rubbish throw on street of beaver lane where I have leaves for50 years not a road now a slum place
why not reverse into your drive, then you can drive forwards out of your drive rather than reverse out of it!
My wife is a disable person partially blind and partially deat. When I had to rush her to the Doctors or Hospital I find it difficult to reverse if the is a vehicle parked opposit my drive way having notified the car owners would not stop parking opposit the drive way. What if there is any action you suggesto please.
I was looking for Northern Ireland law relating to partial parking in NI but that quoted related to UK
I live in Elizabethan way and the parking there is disgraceful . People have drives which can take four vehicles but they still persist topark off verge destroying the grass verge and also around the trees they also persist to park on the drop verge into there property . All of these cause problems reversing off the drive into the main road and for people walking on the pavement the worst being young mums with pushchairs.