Parking On Pavement

[malagabob]

Parking in my street has become difficult as more and more people have cars,
I sacrificed part of my small garden to make a space to park my car off road.
I have had a letter off the highways department pointing out its illegal to drive my car over the pavement, which I am aware of, to park on the space that I have made, and to apply for a dropped kerb. There is not much of a kerb to begin with, it being about 50cm above road level.
On speaking to a council highways engineer, he informed me of the the legal side and I could be liable to damages caused to kerb/footpath etc. I brought up the subject about people mounting the kerb to park regularly on the pavement. He said thats a police matter not a council one? Any views on this TIA

[dannyk13]

Parking on the pavement is an obstruction,i.e pedestrians cannot use that part of the pavement.

[RATTER15]

It is also worth considering that if someone parks in front of your garden and prevents you from getting your car out, there is very little you can do about it.

If the damage to the pavement is caused at the entrance to your house it will be clear who caused it, damage caused by people parking on the pavement could never be proved and many people could be doing it.

[sandyRoe]

I once found a note lying in the street. It said: You're blocking my exit, you ******.
We're near a uni and in term time lots of students park along the length of our street but usually leave space enough for people to get their cars out of their drives.

[SlackAlice]

Once you have applied for and gotten permission for a 'dropped' kerb you will also have 'permission' to cross the pavement, wherein the council accepts liability for any damage done to the pavement by you. However that permission will have limits on vehicle weight and size.

Anyone who does not have permission to have a vehicle on the pavement will get a ticket from either the police or council enforcement.

[Baldric]

///There is not much of a kerb to begin with, it being about 50cm above road level///

50cms ?? That's 19½+ inches, I certainly want a dropped kerb, you must have to take one heck of a run-up to get over that!

[malagabob]

Duh should have been 50mm

[EDDIE51]

The council is correct,you do need a dropped curb.

[Old_Geezer]

I'm unsure what views one can have.

Responsibility for various things need to go somewhere so the split between council and police is not unreasonable. Both can cause damage and if damage is caused that would be an interest to the council, but it'd be difficult to say which parked car caused particular damage when one parks partly over a pavement to allow room for traffic to pass. Unfortunate but true. However one can be more confident on who caused the damage when a car is regularly driven into and out of a drive.

Yes a dropped kerb is needed to avoid this, although I'm unsure I agree with retrofitting drives to dwelling who were never designed to have one: makes it near impossible for visitors to the area to stop. But it seems that councils are willing to allow this destruction of the necessary road parking system for a fee. Councils do seem to make very strange short sighted decisions all the time.

[cassa333]

Depending on your area, parking enforcement is not always a police matter. Some ares have devolved responsibility to councils. My area has done this and there are so few 'enforcers' that they might as well not be there.

Parking on the pavement per-say is not necessarily an offence. Only when the pavement is obstructed that a wheel chair cannot pass. Even if they have to wobble a bit!!

It will cost a bit to get a dropped kerb put in but if the parking in your area is as bad as you say it is worth getting it because as already stated, if someone parks in front of your property there is little you can do.

[Dogsbody2]

Permitting a 'carriage' to cross or park on the pavement, verge or footpath is as offence under s72 of the Highways Act 1835. It is the same act that prevents a bike being ridden on the pavement - carriages include many types of vehicle.
This is why your council is saying you are committing an offence by driving across it.
The pavement etc. is part of the public highway, so the way around it is to formally apply and be granted consent to access your land from the public highway. Then it would cease to become an offence for you to cross it but youstill couldn't park on it.
The parking on the pavement etc. is different. There is no general right to park on the road (the normally metalled highway), even if there are no parking (local) restrictions in force. However it has become accepted that vehicles can do it unless they are causing an obstruction, when it is typically dealt with by the police, but some local authorities have taken on local powers to deal with it. By the same token, parking on the pavement can be classified as an obstruction to pedestrians wanting to use it, so that is also often dealt with by the police.
By having a 'proper' access, which will include a dropped kerb, you have more 'rights' to expect that vehicles will not park on the road to prevent your access, since to do so the offending vehicles would be causing you an obstruction.

[New Judge]

"Parking on the pavement per-say is not necessarily an offence."

Unless you live in London, that is, where it is only permitted where specifically signed.

[Peter Pedant]

// Responsibility for various things need to go somewhere //

I love that Old G - oop t' North I am afraid alot of responsibilities just flap in the breeze whilst people who SHOULD be doing their stuff insist it is nothing to do with them ....

um why are you asking what the law is ?
you have been told - you need to apply for a dropped kerb

and yeah I noticed 50cm
and wondered if you had one of those chelsea tractors with huge JCB wheels welded on ( and can I have a go at parking please ? yee-high ! )