News14 mins ago
Pavement Blocked By Car
33 Answers
First thing merry Christmas
On Christmas Eve we were walking home it was dark and wet and to cut a long story short this lady parked her car on the road but at the end of the pavement so blocking anyone wanting to cross to the other side.
We confronted her over her parking but she claimed it was wasn’t illegal because the kerb of the path wasn’t dropped so we ended up walking over the sudden ground boots and shoes covered in mud any no what is the law please .
On Christmas Eve we were walking home it was dark and wet and to cut a long story short this lady parked her car on the road but at the end of the pavement so blocking anyone wanting to cross to the other side.
We confronted her over her parking but she claimed it was wasn’t illegal because the kerb of the path wasn’t dropped so we ended up walking over the sudden ground boots and shoes covered in mud any no what is the law please .
Answers
Best Answer
No best answer has yet been selected by BigRooster. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.JTH: I've re-read both of BR's descriptions of the path and I'm confident that this post relates to using the footpath alongside a road and then encountering a car across the end of it when attempting to cross at a junction.
Barry: Under common law, a footpath that is freely available for the public to use (whether that be a public footpath across a field or a footpath alongside of a road) is classed as a 'highway'. Obstructing any highway (where that be by placing an unauthorised skip on a road or, as in this case, blocking the free movement of pedestrians on a footpath) is a criminal offence, with a maximum penalty of a 'Level 3' fine (which currently means a fine of £1000).
Barry: Under common law, a footpath that is freely available for the public to use (whether that be a public footpath across a field or a footpath alongside of a road) is classed as a 'highway'. Obstructing any highway (where that be by placing an unauthorised skip on a road or, as in this case, blocking the free movement of pedestrians on a footpath) is a criminal offence, with a maximum penalty of a 'Level 3' fine (which currently means a fine of £1000).
>>> "But so far what I’m reading . . . "
Not from me, you're not!
See the second and fourth paragraphs here:
https:/ /www.pl anningg eek.co. uk/glos sary/h/ highway -what-i s-a-hig hway-in -the-uk -planni ng-geek /
and the law of the land here:
https:/ /www.le gislati on.gov. uk/ukpg a/1980/ 66/part /IX/cro ssheadi ng/obst ruction -of-hig hways-a nd-stre ets
Not from me, you're not!
See the second and fourth paragraphs here:
https:/
and the law of the land here:
https:/
Barry:
You could equally argue that an unauthorised skip left on a road isn't obstructing the highway because a driver can simply manoeuvre his vehicle around it. That's not going to prevent you from getting fined for putting it there!
Users of a highway must be able to pass 'without let or hindrance'. If they have to go around something in their path, their right to do so has been breached and the person responsible for placing the obstacle in their path is guilty of obstructing a highway.
You could equally argue that an unauthorised skip left on a road isn't obstructing the highway because a driver can simply manoeuvre his vehicle around it. That's not going to prevent you from getting fined for putting it there!
Users of a highway must be able to pass 'without let or hindrance'. If they have to go around something in their path, their right to do so has been breached and the person responsible for placing the obstacle in their path is guilty of obstructing a highway.