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Re: Pavement parking?

Posted: Sun Mar 11, 2018 11:02 pm
by akirk
crr003 wrote:
akirk wrote:
Strangely Brown wrote:How can it be illegal to drive on the pavement yet legal to park on it? How can you park the car on the pavement unless you drive on it to get there? Does it not stand to reason that if the car is parked on the pavement then it must have been driven on it and is therefore eligible for a ticket?


you can drive onto to park, but not drive along, so two wheels up to avoid blocking full road / full pavement is generally legal... all four wheels and using the pavement as a road, not legal... easy distinction :)

Alasdair


Merseyside Police don't agree:
https://www.merseyside.police.uk/advice ... t-parking/

I thought you could drive over a pavement to gain access to a property.


As mentioned above, I believe that this is not the de facto position in law, other than London it is up to councils to write byelaws to prevent it, maybe that is what has happened in the Wirral?

Alasdair

Re: Pavement parking?

Posted: Mon Mar 12, 2018 4:13 am
by Horse
From the Merseyside link: "Vehicles causing obstruction may be "

An 'if' and a 'maybe'. And, of course, you can still be done for obstruction even with the vehicle completely on the road.

It's the 'pramfire' test: can a pram get along the pavement and Trumpton get along the road? There was an incident in Reading when a TV news crew were covering complaints by residents of poor parking. One local suffered a heart attack while being interviewed on camera - the ambo couldn't get through!

Re: Pavement parking?

Posted: Mon Mar 12, 2018 5:01 pm
by crr003
akirk wrote:As mentioned above, I believe that this is not the de facto position in law, other than London it is up to councils to write byelaws to prevent it, maybe that is what has happened in the Wirral?

Alasdair


More interesting stuff........

"However, it is an offence to drive onto the pavement, whether with intention to park or
not. Because this is a criminal offence, as opposed to the vast majority of civil parking
offences, it is enforceable by the police, not the local authority. There have long been
concerns about the extent to which this is enforced."


http://researchbriefings.files.parliame ... N01170.pdf

Re: Pavement parking?

Posted: Mon Mar 12, 2018 5:12 pm
by crr003
Strangely Brown wrote:How can it be illegal to drive on the pavement yet legal to park on it? How can you park the car on the pavement unless you drive on it to get there? Does it not stand to reason that if the car is parked on the pavement then it must have been driven on it and is therefore eligible for a ticket?

The internet tells me the issue is the offence (driving on the pavement) has to be witnessed by Plod. A bit like an ASL offence.
One might have parked legally on the road and some little scamp with a couple of trolley jacks or a rugby team comes along and moves you onto said pavement.
It would be a tad harsh to get penalised by some keen passing copper.

Concerning the use of garages - maybe we could have something like the old TV Licence Detector people knock on doors and if the garage is not being used (by a car), a small fine, say £1,000, could be applied.

Re: Pavement parking?

Posted: Mon Mar 12, 2018 6:16 pm
by Horse
I know of a couple of garage doors that don't have garages behind them :)

Re: Pavement parking?

Posted: Mon Mar 12, 2018 6:55 pm
by fungus
Most garages where I live are now too small for the increasing waistline of modern cars. The houses were built in the early 1970s, and up to about 25 years ago it was possible to get an average sized family car (Peugeot 405) in, all be it a bit tight. There is no way that my wifes Octavia estate would fit in. We bricked the front down five years ago to accomodate the childrens cars. Previously one car had to be parked in the cul-de-sac.

Nigel.