Car on pavement..

mark5

I have also had a fine for 2 wheels on a pavement about 10 years ago, I think the wording was "obstruction" which at the time I felt was harsh.
Since my daughter was born however I am really starting to get pi**ed off with cars parking up on the pavement and not allowing enough room for wheelchairs/prams to get past.
Pavements are there for pedestrians and not parking spaces for cars.

Gloomendoom

If they are minded the police could charge whoever parked the car with obstructing the highway. As others have pointed out, the pavement (and the verge) is part of the highway.

Highway users who come across an obstruction may legally 'abate' it, removing just enough to carry on their journey.

It could be argued that, if the pram pusher only removed the paint necessary to get past, then they have done nothing wrong.
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neilmcl

anewman wrote: »

The official fines people receive for the offence tell a different story.

Your post said parking on a pavement "in itself" is an offence, quite clearly this is incorrect. Only when it is deemed an obstruction can the the police do anything about it.

Sponge

the182guy wrote: »

So is criminal damage. Doesn't matter if it was a sledge hammer used or a childs pram.

The pram owner could have reported the car being parked illegally and let the justice system take it's course. Instead the pram owner took the law into their own hands and handed down some justice of their own.

You're assuming it's criminal damage - it might not be. (I believe there's stuff about intent and recklessness involved.)

Maybe the pram-pusher couldn't deviate from the pavement because to do so would place them in danger and/or they genuinely thought they could get past?

roddydogs

Its only a offence in London or Greater London ie you can get fined by the local council (ie Lambeth will fine you for being 1" on the footpath.) even if no obstruction is caused(ie Very wide pavement) However, their is an additional offence of "Obstruction" of a footpath that applies anywhere.....ie if a Pram cannot get by..........But local councils vary enormously in enforcement.

prowla

Two wrongs don't make a right.
Cars should leave enough room on the pavement, and if they don't then complain.
But a car parked without consideration is not fair game to be damaged,

Coveredinbees!!!!

Where I live people park on the pavements for no apparent reason, there is plenty of room on the road to pass but still they park on the pavement. They are so thick that even when the police have ticketed them all within a week they are doing it again. If the choice is risking my babies life by having to go in to the road or squeezing past I'll squeeze past and tough if your car gets a scratch, don't obstruct the pavement

sillygoose

Coveredinbees!!!! wrote: »

tough if your car gets a scratch, don't obstruct the pavement

tough for who? well you actually! like it or not you would be breaking the law and will get prosecuted. Tough for your baby that you spend its Christmas present money on a needless fine!

yes tough.

C_Mababejive

As prams and buggies are not required to have third party insurance (perhaps they should?) then the car owner would have to make a civil claim perhaps via the small claims court,and provide some proof of damage and who caused it.

In effect,it would be the same position as if a pedal cyclist had collided with the car.

The whole..parking on the pavement thing is something which isnt tolerated at all or to the same level in other countries.

IMHO the motorist is stuffed..as usual.

jacobsdaduk

The law is quite specific about this.

The car should not cause obstruction. However, it is a matter for the local council to deal with. In some cases the police may become involved, but rarely nowadays. It's a civil road traffic offence, not criminal. Where I live the cars have to park on the footpath else council vehicles such as rubbish trucks can't get down the narrow roads.

The pram owner is responsible for the damage. They should have exercised due care when passing and didn't, causing damage. The car driver could bring civil action against the owner of the pram and I suspect they would have reasonable prospects. However, the car owner might decide the risk is too high and give in.

You cannot damage someones car just because they are parked on a footpath. If you did this deliberatly it would be criminal damage. No one has the right to take the law in to their own hands and the pram owner should face up to the reality that the car was fine until they hit it with their pushchair.

If I were the car driver, I would sue. Compared to the cost of repairs it's reasonably cheap to do via the Moneyclaim website.