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Pavement parking change?

sevenhills
sevenhills Posts: 5,938 Forumite
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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
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Comments

  • Johno100
    Johno100 Posts: 5,259 Forumite
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    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
    sevenhills Posts: 5,938 Forumite
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    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
    Johno100 Posts: 5,259 Forumite
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    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.
  • 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
    Farway Posts: 14,588 Forumite
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    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?
    Eight out of ten owners who expressed a preference said their cats preferred other peoples gardens
  • 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
    Car_54 Posts: 8,807 Forumite
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    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.
  • Don't forget that cars can park on pavements in London, but only where bays are provided.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • 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.
  • If the 'footpath' is privately owned unadopted land you can park on it without it being an issue.
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