Majority of drivers back ban on pavement parking

Nearly 7 in 10 British drivers say they would now back a ban on pavement parking, a new survey has revealed.

The findings come as Liz Kimmins MP, the Minister for Infrastucture in Northern Ireland, announced that her department was bringing forward laws to tackle "inconsiderate" pavement parking.

The strong support for a ban on pavement parking was discovered by insurance comparison site tiger.co.uk – which also found that 1 in 5 Brits are unaware that pavement parking is already banned in London and Scotland.

There are pavement parking fines of up to £130 in London and £100 in Scotland, but rules in the rest of the UK are less clear.

Highway Code Rule 244 states that, outside of restricted areas, drivers should not park on the pavement unless a sign permits it. This means it is advisory and not backed up by legislation.

However, Rule 242 states drivers "must not leave their vehicles in a dangerous position or where they cause any unnecessary obstruction of the road." This is a rule that can be enforced and lead to a fixed penalty notice.

This lack of clarity means some drivers could unwittingly risk fines through putting others at risk.

"Pavement parking can be incredibly dangerous for pedestrians, especially for those with mobility issues or young children in prams," says tiger.co.uk MD Ian Wilson,

"There also seems to be confusion around the current laws… it’s clear we need stricter and more consistent laws across the country to produce a more unified approach to this road safety issue"

Wilson says that increased awareness and larger fines for those in violation of the parking laws could improve road safety dramatically.

Earlier this month, Liz Kimmins MP said she would ban people parking wholly on pavements, parking across pavements with dropped kerbs used for pedestrian access, along with double parking, reported the BBC.

"Too many drivers fail to realise the consequences of their actions when their vehicle blocks the footway," says Kimmins.

Ask HJ

My wife is disabled but received a fine for parking on the pavement - can she appeal?

My wife is disabled and parked her car fully on the footpath, the footpath was wide enough for prams wheelchair users to pass safely however my wife has received a PCNc for being parked on double yellows. She only parked on the footpath as in the disabled bay in front someone had parked and did not display a blue badge. Can she appeal?
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, but it is the decision of local authorities over how and where they enforce this 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.
Answered by David Ross
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