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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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can you park on a path as long as you have left enough room

Customer Question

can you park on a path as long as you have left enough room for pedestrians, double buggies and wheelchairs to get by.
Submitted: 4 years ago.
Category: UK Law
Expert:  Jo C. replied 4 years ago.
-Could you explain your situation a little more?
Customer: replied 4 years ago.

my car was parked outside my house on the footpath,my neighbours also do the same because our driveways will only take two cars and we have children with cars and visitors etc. we have been parking like this for 27 years with no problems. The big issue is we live by a school so im sure you can imagine school run times are a nightmare for us residents with parents parking anywhere,blocking our driveways and giving us verbal abuse when asked to move their cars.The school also has various functions outside school hours plus lets the school field to football teams on a sunday so we can have cars parked on the path outside our house all the time, and they do not park with the consideration we do ofter making it hard for us to get out our drives and for padestrians to get by. Myself and neighbours have had to complain to the school, local council and police many times about the situation, but has the police told us they would need someone there full time to monitor the situation which would be imposible .

Expert:  Jo C. replied 4 years ago.

 

1 Where are you roughly

 

2 Are there any road signs prohibiting parking on a pavement there?

Customer: replied 4 years ago.

i live in cannock staffordshire, there are yellow lines on the road but no signs to say no parking on the paths. I think the parking ticket i have recieved on a quiet saturday afternoon after all we put up with through the week is totaly unjustifed especialy when we were told by our local council when the yellow lines were put down years ago that we would be able to park on the path as long as people, pushchairs and wheelchairs could get by which they can easily and we have never been told any different.

Expert:  Jo C. replied 4 years ago.
Whats the contravention code?
Customer: replied 4 years ago.
01
Expert:  Jo C. replied 4 years ago.

That refers to parking on lines rather than parking on the pavement.

 

Is this single or double yellow?

Customer: replied 4 years ago.
They are double yellow lines. It also says on the ticket, PARKED IN A RESTRICTED STREET DURING PRESCRIBED HOURS. There are no signs saying this any where,ive never heard of this nether has any of my neighbours
Expert:  Jo C. replied 4 years ago.

 

No, but if there are double yellow lines then there is no need for signs.

 

They have not fined you for parking on a pavement. They have fined you for parking on double yellow lines. i suppose that the car must have had 2 wheels on the highway and 2 wheels on the pavement. If thats right then that would be an offence.

 

You can always put them to proof on the topic of lines. Often they are badly maintained. That might be worth looking into.

 

But you are not entitled to park on double yellow lines at any time I'm afraid.

Customer: replied 4 years ago.
The car was parked fully on the path with plenty of room for pedestrians to get by
Expert:  Jo C. replied 4 years ago.

Its not the contravention that they should have used then.

 

But if it was on a pavement with yellow lines the other side then there are cases where they have successfully issued in those circumstances.

 

Its very hard to challenge a general right. its much easier to challenge individual fines.

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