Ask Honest John Question of the Week: Can I park on a footpath when displaying a Blue Badge?

Dear HonestJohn,

"My wife is disabled, and parked her car fully on the footpath, displaying her Blue Badge, with enough space for prams and wheelchair users to pass safely. However my wife has received a Penalty Charge Notice for being parked on double yellow lines. She only parked on the footpath as the disabled bay in front was occupied by a car not displaying a Blue Badge. Is this right?"

- PM

Dear PM,

Unfortunately the legalities of parking on the pavement are not as clear as they could or should be, outside London at least.

Yellow lines do apply to the verge and the pavement, and although a Blue Badge may exempt you from this if parked on the road, the Blue Badge guidance indicates you should not park on a pavement unless signs permit it.

It is the decision of local authorities over how and where they enforce pavement parking as it very much depends on the local environment in terms of pavement width, availability of parking, housing density and so on.

Rule 244 of the Highway Code draws an important distinction between London and the rest of the UK, as it states: "You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it." The key factor here is the use of 'should not' as opposed to 'must not', which creates the grey area for interpretation on a local level.

You can appeal the fine based on the fact that the disabled space was not available and that your wife is disabled, but it will be in the opinion of the local authority as to whether this is sufficient grounds to uphold the appeal.