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JGM, Solicitor
Category: Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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I am trying to establish what the law is relating to parking

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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?
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 3 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?

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.
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