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Chat & Social => The Bar - General Chat => Topic started by: muddy4x4 on October 25, 2008, 16:10:05

Title: Parking on Pavements
Post by: muddy4x4 on October 25, 2008, 16:10:05
Can somebody please advise me if parking on a pavement causing an obstruction is an offence or not ?
The car is blocking my view from getting off my drive onto the very busy road. Also people are having trouble crossing the road as they also can`t see. The council have put bollards on  the grass but the neighbour is now parking right up to them.
The police :police:have spoken to the owner of the car but he continues to park there.
I`ve been told by the police they have no powers to give a fixed ticket to him. I think this is rubbish unless anybody can correct me ? I`m getting fed up and a few times i`ve nearly been knocked off by scooter. :angry:

I`m at the point of blocking this guy in and teaching him a lesson
Title: Re: Parking on Pavements
Post by: Range Rover Blues on October 25, 2008, 16:19:07
You could try driving into it, if it's parked illegaly then it would be his fault :twisted:
Serioulsy though, if the police can't do anything it might still be illegal, I'm not surprised they aren't bothered though.  I have heard of them writing to insurance companies about cars parked and not secured in the peaks, so you think they might use the same tactic with illegaly parked cars, but quite honeslty it seesm too much trouble for them.

Your best bet I think is to nag the council, if provison isn't made for parking on a pavement then it is an offence IIRC, the fact that they have put bollards there shows their concern.  Send them some photos.
Title: Re: Parking on Pavements
Post by: muddy4x4 on October 25, 2008, 16:33:30
Police have just been they said they would have another word with him. That makes 2 words today  :angry:
I asked them to give him a fixed notice £30 and if he did it again give him another.
They have just left and the car is still parked there.
So my plan B is park the disco behind the car so he can`t get out.
When you want a policemans help they can`t be bothered yet, when u don`t want one they are breathing down your neck !!
Title: Re: Parking on Pavements
Post by: Gordo on October 25, 2008, 16:39:24
Parking on verges / pavements is something that's covered by local council bylaws. If it's causing an obstruction - i.e. you can't get past it - then the Police might be able to ticket it.

Speak to your council about it to see if it's permitted or not. Parking is a thorny issue and seems to get some people worked up.

There are quite a few people around here who park on the pavement so you can't get past without walking in the road - which is, IMO, selfish.
Title: Re: Parking on Pavements
Post by: lee celtic on October 25, 2008, 18:00:21
be carefull if you park behind him then you are the obstruction and you may get the ticket...

better off bunging a council yard worker a few quid for an extra bollard and fit it during the night ...

behind his car ;)

if you like :lol:
Title: Re: Parking on Pavements
Post by: davidlandy on October 25, 2008, 18:01:26
useless arent they - you would think for a minor traffic offence that they would be queing up to nick him and crush his vehicle

Title: Re: Parking on Pavements
Post by: muddy4x4 on October 25, 2008, 18:17:42
Where would I stand if i put a metal security post on the pavement over my driveway ( it would leave a 4 foot gap for padestrians to pass )but it would prevent people parking outside my property?
Title: Re: Parking on Pavements
Post by: mike142sl on October 25, 2008, 18:36:10
Where would I stand if i put a metal security post on the pavement over my driveway ( it would leave a 4 foot gap for padestrians to pass )but it would prevent people parking outside my property?
If someone walked into it they could sue you. The pavement is council responsibility / property not yours. You simply have right of access across a pavement to get to your drive.
Title: Re: Parking on Pavements
Post by: Boggert on October 25, 2008, 19:11:59
useless arent they - you would think for a minor traffic offence that they would be queing up to nick him and crush his vehicle



Not sure if you can arrest someone for a Minor traffic offence and crush his car... but hey i'm only  :police:  ;)

However if he is obstructing you drive way then he should have a ticket, if he is not then there is no ticket you can issue. Even if he is obstructing you view for when you pull out.  Can you post a photo?

Title: Re: Parking on Pavements
Post by: paul_humphreys on October 25, 2008, 19:37:35
Fi, you could also report them under section 59 !!

Paul
Title: Re: Parking on Pavements
Post by: Boggert on October 25, 2008, 19:58:01
Fi, you could also report them under section 59 !!

Paul

Good idea, but if it refers to "Parked vehicles" they cannot be issued a S59 if they are under 15 Yards from a public highway!
I looked into this in the past.
Title: Re: Parking on Pavements
Post by: diggerdog36 on October 25, 2008, 20:04:02
We had a car parked on a blind bend in the village, buses used the already narrow road and it was a real danger, we phoned to police and told them that there were OS maps of the local hills in the car and the car had been there a few weeks, the checked to see who owned it and they were out the country!!!
The police  couldnt move it because it was taxed and wasnt parked illegally, just stupidly!!!
Title: Re: Parking on Pavements
Post by: paul_humphreys on October 25, 2008, 20:19:11
Fi, you could also report them under section 59 !!

Paul

Good idea, but if it refers to "Parked vehicles" they cannot be issued a S59 if they are under 15 Yards from a public highway!
I looked into this in the past.


Yes they can, as long as they are causeing "destress" thats all that is needed.

Paul
Title: Re: Parking on Pavements
Post by: littlepow on October 25, 2008, 20:54:24
Where would I stand if i put a metal security post on the pavement over my driveway ( it would leave a 4 foot gap for padestrians to pass )but it would prevent people parking outside my property?
If someone walked into it they could sue you. The pavement is council responsibility / property not yours. You simply have right of access across a pavement to get to your drive.

Only if the curb stones are lowered, otherwise you have no right of access to your property!
Title: Re: Parking on Pavements
Post by: muddy4x4 on October 25, 2008, 21:27:24
Boggert     Can a policeman issue a ticket if a car is parked on the pavement or are u saying no ?

Paul           Section 59 ?? destress ??
Title: Re: Parking on Pavements
Post by: 4 landies on October 25, 2008, 21:46:54
First photo; Is the car parked on the pavement with his rear bumper touching the bollard the council put in grass to stop him parking on there. I feel this is an obstruction as I can`t see down the road whilst pulling out of my drive.

Second photo; Is the car parked on the pavement between the street light and his fence. This is an obstruction to people walking on the pavement.
Title: Re: Parking on Pavements
Post by: muddy4x4 on October 25, 2008, 21:52:19
As you can see from the photos the guy has been told not to park on the grass and ignored the advise given.
The council put in bollards and had trouble doing that cos the guy would`nt move his car to allow them to put them in.
Now the bollards are in he has continued to park but now on the pavement. The police have told him 3 times now not to do it and to move it.He ignores the police  [-X
Now I`m at a loss what to do  :-k

Title: Re: Parking on Pavements
Post by: lee celtic on October 25, 2008, 21:58:08
what you need is a stunt rider on a BMX to hit it at speed then sue him ....

over to you Boss :twisted:

or a blind friend :D
Title: Re: Parking on Pavements
Post by: paul_humphreys on October 25, 2008, 23:06:21
Boggert     Can a policeman issue a ticket if a car is parked on the pavement or are u saying no ?

Paul           Section 59 ?? destress ??

Yes ;)

Paul
Title: Re: Parking on Pavements
Post by: muddy4x4 on October 25, 2008, 23:08:34
Paul what do you think ? Obstruction ?
Title: Re: Parking on Pavements
Post by: freelanderpx54 on October 25, 2008, 23:43:23
No one has a right to park on the Queens highway. Anyone doing so is causing an obstruction. However, on a practical side, it would be better to remove the valve cores from the tyres. It is hilarious watching someone trying to inflate a tyre with no valve core with a foot pump. What is more hilarious is watching the ATS monkey trying to inflate the tyre with a compressor. They do all the tyres in quick time and can't work out why the tyres won't hold air.
Title: Re: Parking on Pavements
Post by: Bob696 on October 26, 2008, 10:42:08
TBH I doubt the police will be at all interested in pressing the matter. You can find MUCH more stupid examples of parking.

Certainly in the area I live in it would be ignored. If you can get a double buggy past then it is not an obstruction as far as the police are concerned. In the photos there appears to be very little obstruction to pedestrian traffic nor any obstruction to pedestrians vision who wish to cross the road.

My suggestion would be to give up on the legal route as the police are not interested and try the councils medition service for neighbour disputes.

As to advocating causing damage  [-X [-X [-X [-X

Blocking him in. Not big and not clever. One photo of you parked in the same situation and any case you have will go right out the window not to mention you having a visit from the police.
Title: Re: Parking on Pavements
Post by: muddy4x4 on October 26, 2008, 16:36:58
My main concern is people can`t see to cross the road. What if an accident was to occur ? Who would be to blame ?
I live very close to a crossroads and this car blocks the view of people trying to pull out of a side road.
Many people have passed comments but don`t want to complain.
I think the owner of the car is just pushing things and seeing how far he can go.
Title: Re: Parking on Pavements
Post by: littlepow on October 26, 2008, 17:25:01
No one has a right to park on the Queens highway. Anyone doing so is causing an obstruction. However, on a practical side, it would be better to remove the valve cores from the tyres. It is hilarious watching someone trying to inflate a tyre with no valve core with a foot pump. What is more hilarious is watching the ATS monkey trying to inflate the tyre with a compressor. They do all the tyres in quick time and can't work out why the tyres won't hold air.

You are going into a very grey area with those tactics, you could end up with the police visiting you for criminal damage complaints.  Best not to retaliate, as it will only increase your problems.
Sometimes life sucks and there is nothing you can do, I think you have got a reasonable and valid concern but not one in which the law has been breached.  You can only try to get your council interested in the problem, try to get a copy of the bylaws relating to private vehicles. This maybe your best help to sorting out the problem.
Title: Re: Parking on Pavements
Post by: davidlandy on October 26, 2008, 17:29:25
lucky a kiddy doesnt ride past on hir/her little bike and catch the brake lever on the paintwork.

Title: Re: Parking on Pavements
Post by: mass199 on October 26, 2008, 17:53:40
I had a similar problem, i spoke to the offender and went down the local police station, apparently parking on the pavement is ok as long as a 1.5metre gap is left. Try parking in the area yourself for a few days, he might get the message!
Title: Re: Parking on Pavements
Post by: muddy4x4 on October 26, 2008, 18:57:01
Latest update a CPO has taken on the case and paid the guy a visit today. She made him move the car while she was there.
Even told him it was his last chance, as he had been warned 3 times in 2 days.
The CPO has told me if he does it again he`ll get a fixed ticket  :dance:
Title: Re: Parking on Pavements
Post by: Bob696 on October 26, 2008, 19:21:52
From the photos I dont see how he can be obstructing pedestrians vision. In one photo he is at least 6ft from the road.

To my knowledge a CPO cant issue tickets. They would have to get a regular officer out to do it. There may be some delay.

TBH If I was the "offender" (and I use the term losely as I cant see he is causing an offence) I would park on the main road. At a guess this would reduce your vison even more and cause congestion as he would be narrowing the road.

Be carefull what you wish for, you may get it.
Title: Re: Parking on Pavements
Post by: davidlandy on October 26, 2008, 19:54:55
the parking dont look too bad in the photos.

does it really matter?

Title: Re: Parking on Pavements
Post by: Boggert on October 26, 2008, 20:08:27
Sorry chaps have been at work, just got in....

Yep I would have given him a ticket for that parking!!!!! He is claerly obstructing the pavement. Keep pushing.

If you are talking about PCSO's they can issue tickets if they have been designated by the Chief Constable, some forces are different.
Title: Re: Parking on Pavements
Post by: Boggert on October 26, 2008, 20:11:18
Fi, you could also report them under section 59 !!

Paul

Good idea, but if it refers to "Parked vehicles" they cannot be issued a S59 if they are under 15 Yards from a public highway!
I looked into this in the past.


Yes they can, as long as they are causeing "destress" thats all that is needed.

Paul

Sorry but Not if the vehicle is parked, we tried it and it got thrown out. However the officer who issues it can always try, but if they shout not out, they are likely to get away with it!
An then you set a precedent and have every [!Expletive Deleted!] in the street parking where they like.
Title: Re: Parking on Pavements
Post by: Boggert on October 26, 2008, 20:12:04
Opps sorry mods I swore.... :shock: 8-[
Title: Re: Parking on Pavements
Post by: EbonynIvory on October 26, 2008, 21:02:07
While house hunting in an unfamiliar area, I pulled up, half on the curb as it was a very busy road, out side the house I was due to look at. Turned the engine off, pulled out the paper work - yip, right house - lets go and find some where to park........couldn't get the lady to start! (Intermittent starter motor problems) While sitting there contemplating the situation, an older gentleman walked down the side of my car, so I opened the window to apologise to him (even though he could get past with room to spare), only to get a load of abuse shouted at me. Apparently there is no use apologising even if I am unable to move the offending object! I told him that if he could move it he was more then welcome and shut the window! Welcome to the area!

Title: Re: Parking on Pavements
Post by: V8burble on October 26, 2008, 22:13:57
A CSO ticketed a delivery van which was delivering to my house, for having two wheels on the pavement. There was room to get past and the reason he parked like that was because cars were parked on the opposite side of the road on the school zig zags at tipping out time 3.30 pm.
The mothers picking up their kids on zig zags never got ticketed.

CSO people also ticketed me at 4am for having numbers and letters on my no plates which were 2cm too small.
Good to see they are keeping us all safe in our beds :roll:
Title: Re: Parking on Pavements
Post by: Gordo on October 26, 2008, 22:21:35
If you're prevented from leaving your driveway then the Police can help: you have the right of access to the Queen's highway. However, if you cannot got in to your driveway then tough - it doesn't work both ways.

PCSOs have effectively replaced traffic wardens, and parking tickets is one of the few useful things they can actually do.
Title: Re: Parking on Pavements
Post by: ChrisW70 on October 26, 2008, 22:45:15
Quote
PCSOs have effectively replaced traffic wardens, and parking tickets is one of the few useful things they can actually do.

Not in Wolverhampton! (http://www.vegetableoildiesel.co.uk/forum/viewthread.php?tid=9532)
Title: Re: Parking on Pavements
Post by: Bush Tucker Man on October 29, 2008, 18:36:22
We'e lucky in having very wide pavements, & can manage to park there without blocking it, or the roadway.

It's the same situation all the way down the street, bar the last 30 - 40 yards at the bottom end, where they're about a yard narrower.




There's a good 4 foot between the 110 & our boundary wall

(http://thumb12.webshots.net/t/60/660/6/25/66/2790625660047309372flWDde_th.jpg) (http://rides.webshots.com/photo/2790625660047309372flWDde)
Title: Re: Parking on Pavements
Post by: K9Jim on October 29, 2008, 19:35:36
i would argue a possible criminal damage ! to the grass area !

Damage is the offence commited by any person who, without lawfull excuse destroys or damages property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be damaged or destroyed

i would suggest the bold part applies. the reckless bit especially
by repeatedly parking there in this weather the grass will get churned up and we all know what people think of that  :roll:

try quoting that to the council - or failing that ring your local police and tell  them you want to report criminal damage  ;)
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