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finestkind | 23:52 Fri 26th Nov 2004 | How it Works
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can anyone tell me if it's legal to park a car on the pavement in a residential  street, or is it that that the police don't enforce the law if it exists? 

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I wish that people asking these sort of questions would say what jurisdiction they're in. In the UK unless there's a sign indicating that you can park on the pavement then you shouldn't.

Westminster, this is why we have been asking AB Ed for the poster's location to be shown alongside their name.

(This question would also be better posted in "How it Works" - it has nothing to do with "Phrases & Sayings").

 

-- answer removed --

Well I think it is pretty obvious that you are in the UK. Pehaps questions on the Road traffic acts come under the phrase - what a bu*mer!

yes it is against the law and I dont know why it isnt enforced. You have no grounds to whine if they do, or do it patchily.

tell you what tho' when the bombs went off in the arndale centre in Manchester, the area was saturated with police who had nothing better to do than put tickets on the cars. Obvioulsy some had been parked pretty crazily as the owners sudduv stopped and got their ar*es out of the city on foot pretty damn quick!

There is an offence of driving on the pavement, and you have you be caught in the act for a realistic chance of a successful prosecution. Just being on the pavement is not enough evidence. However, there is also an offence of obstruction, and it is this that the police or Local Authority invokes.

 

Each Authority that uses this has to have government permission to enforce this as if they were police. They act as agents of the court, which in the UK adminsters criminal "justice" (not the police; they too are just agents).

 

If parking on the pavement is to be an offence in itself then it has to be limited to a particular location, enforced by Act of parliament (or local By-law that is an extension of goverment power decided locally).

 

To start with this intention has to be intimated by notices in local papers, proclamations, public notices at affected areas. Finally, when the By-law is passed, it should be reinforeced by signs, as approved by central government, being displayed where the prohibition is effective.

 

Section 15 of the Greater London (General Powers) Act 1974 makes it an offence to park a vehicle on footways and grass verges in London. This offence has been decriminalised under section 76 of the Road Traffic Act 1991 and, unless parking on the pavement has been specifically allowed at a particular location, London borough council parking attendants may issue a penalty charge notice where a vehicle is found parked on a pedestrian footway.

 

http://www.parliament.the-stationery-office.co.uk/pa/cm200304/cmhansrd/cm041014/text/41014w04.htm

 

Elsewhere in the UK, parking on the pavement may not be an offence in itself, however,

 

It is an offence for a person, without lawful authority or excuse, to wilfully obstruct the passage along the highway. This applies to vehicles obstructing pavements and would normally be dealt with by a Fixed Penalty Notice.

 

http://www.crimereduction.gov.uk/faq7.htm

 

Generally if your car is in anyone's way, be that pedestrians, road users etc, you will be fined/towed/ticketed if seen by police or parking attendants.

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