Parking fine for two wheels on pavement!!

prowla

HappyMJ wrote: »

Only in London...http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860?CID=TAT&PLA=url_mon&CRE=highwaycode_parking

Point number 244. 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.

It's not really illegal as in a criminal offence as it's all been decriminalized it's just a breach of a bye-law and the council will give you a penalty for that breach.

It's there in black and white in the Highway Code.

There is no choice but to pay the fine.

You might get some mileage in appealing after and trying to find a loophol/getout, but basically the rules of the road say it.

Hammyman

padzster wrote: »

I have taken a picture of the car and amount of space left for pedestrians.
Do you think I will be able to appeal?

Thanks.

No. It is an absolute offence. It is illegal to park on the pavement unless there are signposts stating otherwise.

Pay the fine and remember not to do it next time.

Lum

It's not quite black and white in the highway code. MUST NOT and SHOULD NOT have very specific meanings in that book, the former means it's actually illegal, the latter means it's merely advice.

Doesn't help the OP as they were in London, but I suspect it's paid by now.

FWIW, on my street everyone parks half on the pavement, this allows enough space for one lane of traffic to get past, but still leaves plenty of room for a double pushchair or a wheelchair to pass without issue.

Only time it became a problem was when a neighbours daughter started parking her car entirely on the pavement, leaving one foot either side. Eventually a copper had a quiet word and she stopped doing it. No fines or tickets were involved.

That said I'm growing increasingly convinced that common sense is inversely proportional to population density, so stories like mine in contrast to the OPs don't surprise me at all.

Mids_Costcutter

HappyMJ wrote: »

Only in London...http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860?CID=TAT&PLA=url_mon&CRE=highwaycode_parking

Point number 244. 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.

It's not really illegal as in a criminal offence as it's all been decriminalized it's just a breach of a bye-law and the council will give you a penalty for that breach.

Why is pavement parking only considered a problem (and therefore an offence) in London?

missile

Mids_Costcutter wrote: »

Why is pavement parking only considered a problem (and therefore an offence) in London?

I am not sure you are correct? A.n.other poster claimed it was contravention of a bye law.

It is my understanding that if you are causing an obstruction you could (and IMHO should) be prosecuted for the offence.

marlot

http://www.publications.parliament.uk/pa/cm200506/cmselect/cmtran/748/74815.htm

Mids_Costcutter

missile wrote: »

I am not sure you are correct? A.n.other poster claimed it was contravention of a bye law.

It is my understanding that if you are causing an obstruction you could (and IMHO should) be prosecuted for the offence.

Yes, pavement parking is an offence in London (unless signs indicate that it is permitted on a particular street). Outside London there is no law preventing pavement parking unless the local council has implemented a Traffic Regulation Order preventing it on a given street.

Wilful obstruction of the highway (Highways Act 1980) is a different offence and from what I have read on it, it seems the proof needed is greater than the simple pavement parking offence. However I'm not a lawyer!

Strider590

Parking on pavements is illegal, but then so is parking in a cycle lane and how many people get punished for that?

Wig

Hammyman wrote: »

No. It is an absolute offence. It is illegal to park on the pavement unless there are signposts stating otherwise.

Pay the fine and remember not to do it next time.

ONLY in London or any other area outside London where there is a byelaw which specifically excludes parking on the pavement.

So on Pontypridd for example you can park on the pavement as long as you leave enough room for say, a double buggy to get past.

Gordon861

I know this is a necro thread but I just thought I'd point out, if your wheels are only on the kerbstone and not the actual pavement then you are not technically committing the offence.

This is the law in London, my source is from producing the handbook for a London Local Authority.