Twyford

Rule 244

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

[Law GL(GP)A sect 15].

As can be seen it states that you must not park on the pavement in London and should not elsewhere. There is specific legislation which covers Greater London that unfortunately we do not have the benefit of in our Twyford area.

In our Twyford area we have to rely on laws relating to vehicles causing an obstruction. This basically falls into two categories, either wilful obstruction or unnecessary obstruction. The problem with this legislation is that to prove the obstruction offences it has to be shown that the vehicle was causing an actual as opposed to a potential obstruction. There is stated case law to support this. I have personally also lost a case in court where I could not prove that the vehicle I had dealt with was causing an actual obstruction.

The comments from the police office would appear to be derived from this because as a rule of thumb if a double buggy or a wheel chair is able to pass then it will inevitably be seen by a court not to be causing an obstruction. The vehicle is essentially an annoyance as opposed to an obstruction. In these circumstances it is often the case that the driver or the owner of the vehicle is spoken to in order that they can be advised not to park in such a manner.

Where a vehicle is blatantly causing such an obstruction that safe passage by pedestrians, wheel chair users or pram users is hindered then we can use that fact as the necessary evidence to issue a fixed penalty notice and if necessary prove the case in court.

Please also note the information I have given applies to cars. Vehicles over 7.5 tonnes are subject to slightly stricter laws regarding parking on the pavement. It must also be borne in mind that the rules of the Highway Code are not in themselves laws but can be used as support in proving a breach of relevant legislation.

As you can see each case must be judged on it’s owns merits.

Mark Smith
PS 3786
Neighbourhood Sergeant
Thames Valley Police
Woodley, Twyford and the Northern Parishes.

Parking on the pavement or double yellow lines can be reported to the Police via the non emergency number 0845 8 505 505. If it bothers you, report it!