How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10293
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

I am trying to establish what the law is relating to parking

Resolved Question:

I am trying to establish what the law is relating to parking on the pavement. I have contacted the police on several occasions and they have given different answers on all occasions. The only common thread is that they have no interest in the subject. Following my last query I was told to contact the local authority parking department as it was no longer a police matter. As expected the parking department said they had no authority to act on pavement parking. I think that is the truth.
It appears that the obstruction caused by pavement parking is now decriminalised. If this is so what action can pedestrians take to maintain their right to use the pavements?
Also there is a moving traffick offence as the vehicle that arrives on the pavement has obviously been driven on the pavement. As expected the police are not interested in this either. Please can you suggest any action which will restore the civil rights of pedestrians?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Parking on pavement laws are dependent on where you live. Since 1991, parking on pavements has become a decriminalised offence in many parts of the UK and is essentially the councils responsibility, local to your area to enforce the banning of pavement parking.
It is banned from parking on pavements throughout London unless signs permit vehicles to park on pavements and if caught, can face up to £100.00 fine (£50.00 if paid within 14 days.)
It is a little more confusing for the rest of the country however. Questions often asked are: Are the police responsible for preventing pavement parking in my area? Is it illegal to park on the pavement in my area?
Currently as the law stands, it is not illegal to park on pavements in areas that do not have pavement parking restriction signs erected by the local council. This of course excludes areas that are outlined in the Highway Code as being illegal such a double yellow lines or zigzag lines near a pedestrian crossing for example.
Obstruction is an offence under the Highway Code. If you have a persistent problem, your remedy as a pedestrian is to lobby your local council to specifically ban parking on the pavements that are causing the problem. It is a council issue, not a police issue.
I hope this helps.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Can I just summarise what is being said here to check my understanding?

In effect motorized vehicles have precidence on roads and footpath due to force of arms (the vehicle). Pedestrians have no right to freedom of movement on either the pavement or road.

The law appears to have changed. If so could you please let me have a reference to the relevant statute?

Expert:  JGM replied 2 years ago.
Decriminalised means that there is no specific offence. however sec 22 of the Road Traffic Act 1988 provides a general remedy for this:
"If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury] to other persons using the road, he is guilty of an offence."
In terms of the legislation, road includes pavement.
JGM, Solicitor
Category: Law
Satisfied Customers: 10293
Experience: 30 years as a practising solicitor.
JGM and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice