Honest John News Legal

Councils given new powers to clamp down on obstructive pavement parking

Richard Aucock
Wed, 14 Jan 2026

Local councils are to get new powers in 2026 to take action on problematic pavement parking in their area.

The government will pass secondary legislation giving local authorities the ability to enforce against "unnecessary obstruction of the pavement."

The local powers were chosen over another proposal for a ‘one size fits all’ national prohibition on pavement parking, as seen in Scotland.

The idea is to give local leaders, who in theory know their streets best, the power to take action where pavement parking causes the greatest problems locally – without banning pavement parking entirely in areas where it may still be acceptable.

"Clear pavements are essential for people to move around safely and independently," says local transport minister Lilian Greenwood, "whether that’s a parent with a pushchair, someone using a wheelchair, or a blind or partially sighted person. That’s why we’re giving local authorities to power to crack down on problematic pavement parking."

The Department for Transport says it will now set out guidance for local authorities to use in a "proportionate and locally appropriate way" later in 2026.

"Our research shows a clear majority of drivers agree that no pavement users should be made to walk or wheel into the road because of someone else’s inconsiderate parking,” says RAC senior policy officer Rod Dennis.

"These proposals should clear the way for councils to prevent pavement parking where it causes problems, but permit drivers to partially park on pavements where doing so helps keep traffic flowing and doesn’t inconvenience other people."

Mayor of the West Midlands Richard Parker said it was a "practical step… giving decisions to local leaders means solutions that reflect how our streets actually work.

"Most drivers want to park safely and considerately, and these new powers help in areas where dangerous parking causes real problems."

A survey last year showed 7 in 10 drivers supported a ban on pavement parking.

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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