Pavement Blocked By Car

[BigRooster]

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 .

[jackthehat]

I understand it to be a footpath from garden-gate/front door to kerb-edge.

[pat2604]

My brain now hurts more ;0)

[barry1010]

It's not a criminal offence, Buenchico - the Highway Code always gives the relevant law when it is and states 'DO NOT' in bold type.
This is a 'Must Not' rule, not a law. (Compare with the rule above, 242)

[davebro]

Rule 248
You MUST NOT park on a road at night facing against the direction of the traffic flow unless in a recognised parking space.

Laws CUR reg 101 & RVLR reg 24

[Bazile]

BigRooster

Take a picture of the pavement / road and post it on here ; so we can see exactly we are considering

[BigRooster]

Yes she would have got out on wrong side . But so far what I’m reading it’s seems to be legal to block a pedestrian way across the road unless it states different but common sense would say it has to be illegal.
I’m sure the law is made for youtubers to have a feel day

[Buenchico]

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).

[Buenchico]

>>> "But so far what I’m reading . . . "

Not from me, you're not!

See the second and fourth paragraphs here:
https://www.planninggeek.co.uk/glossary/h/highway-what-is-a-highway-in-the-uk-planning-geek/

and the law of the land here:
https://www.legislation.gov.uk/ukpga/1980/66/part/IX/crossheading/obstruction-of-highways-and-streets

[jackthehat]

If there *is* a pavement running parallel to the road, it is separated from that by a grass verge; the paths run from the pavement to the kerb (perpendicular) and the inconsiderate motorist has parked at the terminus of this so that she can step onto the tarmac path rather than the grass verge.

[Bazile]

A picture would clarify this BigRooster , when you get a chance to take one ?

[barry1010]

But the free movement of pedestrians isn't being blocked in this scenario - the road can be accessed to the front or rear of the car simply by walking on the grass.

[Buenchico]

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.

[bednobs]

but anyway, no-one is going to do anything about it, especially not late on xmas eve, an it's not worth (IMO) getting into a fight over