Pavement parking change? 15 January 2020 at 1:04PM edited 30 November -1 at 12:00AM in Motoring 20 replies 886 views

sevenhills

Media attention about a change in the rules around pavement parking. At the moment its only enforced in Scotland, London and Sheffield.
There was a TV program showing pavement parkers being ticketed last week, the program was filmed in Birmingham.
Surely anyone driving on the pavement is commiting an offence, so they can be ticketed for that. I have read about that not being posible because they cannot prove it was driven there. How rediculous.



https://www.independent.co.uk/news/uk/home-news/car-parking-pavement-ban-britain-uk-government-a9096991.html

Johno100

Outside of the three locations you mention (I wasn't aware any Scottish Council had yet implemented the new powers they've been granted) the pavement parking must cause an obstruction for it to be an offence. Parking with two or even in some cases four wheels on the pavement does not by default mean that an obstruction is caused.

sevenhills

Johno100 wrote: »

Parking with two or even in some cases four wheels on the pavement does not by default mean that an obstruction is caused.

I was surprised watching the TV program last week, lots of room, but she got a ticket. Any car on the pavement is causing an obstruction, its just a matter of how much.

Johno100

sevenhills wrote: »

I was surprised watching the TV program last week, lots of room, but she got a ticket.

I didn't see the programme so can't comment. Perhaps they parked too close to a junction?

sevenhills wrote: »

Any car on the pavement is causing an obstruction, its just a matter of how much.

No it isn't, if pedestrians and any other pavement users e.g. mobility scooter, children's buggy etc. can freely get passed then that wouldn't constitute an obstruction.

hollie.weimeraner

sevenhills wrote: »

Surely anyone driving on the pavement is committing an offence, so they can be ticketed for that. I have read about that not being posible because they cannot prove it was driven there. How ridiculous.

How would they prove who drove it there?

The ticket for driving on a pavement has to be issued to the driver not the registered keeper.

Farway

hollie.weimeraner wrote: »

How would they prove who drove it there?

The ticket for driving on a pavement has to be issued to the driver not the registered keeper.

Would same rules apply as for speeding? Ask RK who was driving and then pursue RG via courts if no or obstructive response?

TooManyPoints

How would they prove who drove it there?

The ticket for driving on a pavement has to be issued to the driver not the registered keeper.

Yes, provided the police were involved, a notice under S172 of the Road Traffic Act would be served on the Registered Keeper of the vehicle, requiring him to provide the driver's details. Failure to comply (subject to any satisfactory defence) would see a conviction, six points, a hefty fine and considerably increased insurance premiums.

The problem is that most parking matters have been "decriminalised" and are dealt with by Local Authorities. Whether they would involve the police when driving on the pavement was alleged is anybody's guess. S172 notices must be served "by or on behalf of a chief officer of police" and I doubt any chief officers would devolve that power to council wallahs.

Car_54

TooManyPoints wrote: »

The problem is that most parking matters have been "decriminalised" and are dealt with by Local Authorities.

But it’s not a parking matter, it’s driving on the footpath.

peter_the_piper

Don't forget that cars can park on pavements in London, but only where bays are provided.

Shaun_of_the_Dead

TooManyPoints wrote: »

Yes, provided the police were involved, a notice under S172 of the Road Traffic Act would be served on the Registered Keeper of the vehicle, requiring him to provide the driver's details. Failure to comply (subject to any satisfactory defence) would see a conviction, six points, a hefty fine and considerably increased insurance premiums.

The problem is that most parking matters have been "decriminalised" and are dealt with by Local Authorities. Whether they would involve the police when driving on the pavement was alleged is anybody's guess. S172 notices must be served "by or on behalf of a chief officer of police" and I doubt any chief officers would devolve that power to council wallahs.

I think you should have typed could, I very much doubt the police have ever served a notice for driving on the footpath as a result of a stationary vehicle.

happyandcontented

If the 'footpath' is privately owned unadopted land you can park on it without it being an issue.