Discussion
PETER MARTIN said:
Hi, does anyone know how you stand when a mobile speed camera is ilegally parked on a pavement.
Are they allowed to do that? Just got flashed! Thanks.
Are they allowed to do that? Just got flashed! Thanks.
I thought there was something about the law enforcers not being allowed to break the law in the course of them enforcing the law, but I don't know if that is sufficient to enable you to escape prosecution. IMHO if they are acting illegally they should not be able to pursue any form of charge against you.
Good luck anyhow.
Best wishes all,
Dave.
PETER MARTIN said:
Hi, does anyone know how you stand when a mobile speed camera is ilegally parked on a pavement.
Are they allowed to do that? Just got flashed! Thanks.
Are they allowed to do that? Just got flashed! Thanks.
Strangely it's not illegal to park on the pavement unless you're more or less completely blocking it. Personally I think you should have to leave at least a metre width free.
Edited by herewego on Tuesday 26th September 09:24
Generally the scammers organise exemption from the Local Authority to park illegally.
In Reading they park in one spot which is over chevrons with a solid line bordering the road AND double yellows - oh and blocking a sign warning of a deviation in the road...
They can do what they like - all in the persuit of money!
In Reading they park in one spot which is over chevrons with a solid line bordering the road AND double yellows - oh and blocking a sign warning of a deviation in the road...
They can do what they like - all in the persuit of money!
herewego said:
Strangely it's not illegal to park on the pavement unless you're more or less completely blocking it
Hmm. I was done many years back when (like everyone else in the town centre) I was parked just up on the pavement (plenty of room left for pedestrians). I was done for "DRIVING on the pavement" which sounded a lot worse to me. When I contested it, I was told that in order to get the car up on the pavement I must have been driving in on the pavement, even if only for a few inches.
zadumbreion said:
herewego said:
Strangely it's not illegal to park on the pavement unless you're more or less completely blocking it
Hmm. I was done many years back when (like everyone else in the town centre) I was parked just up on the pavement (plenty of room left for pedestrians). I was done for "DRIVING on the pavement" which sounded a lot worse to me. When I contested it, I was told that in order to get the car up on the pavement I must have been driving in on the pavement, even if only for a few inches.
I lot of us have to do that to get into our driveways and it isn't illegal so I don't know how they got away with that one.
herewego said:
zadumbreion said:
herewego said:
Strangely it's not illegal to park on the pavement unless you're more or less completely blocking it
Hmm. I was done many years back when (like everyone else in the town centre) I was parked just up on the pavement (plenty of room left for pedestrians). I was done for "DRIVING on the pavement" which sounded a lot worse to me. When I contested it, I was told that in order to get the car up on the pavement I must have been driving in on the pavement, even if only for a few inches.
I lot of us have to do that to get into our driveways and it isn't illegal so I don't know how they got away with that one.
Sec 72 Highways Act 1835 makes it illegal to drive on the footway.
As for parking on the footway. In London it is illegal to park on the footway unless it is expressly signed that you can. Elsewhere it is generally that you can unless expressly prohibited by signage. It not being expressly prohibited doesn't mean that you can obstruct the footway.
What constitutes an obstruction will be a matter of fact for a magistrate to decide (Wade v Grange 1977).
Section 28 of the Town Police Clauses Act 1847 also makes it an offence to drive on the footway (as well as to obstruct the footway)
The Road Vehicle (Con & Use) Regs 1986 & The Highways Act 1980 & the Road Traffic Act also deal with obstruction offences.
Highway code
123: You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property.
Laws HA 1835 sect 72 & RTA sect 34
SCP vans (I would imagine) have obtained a dispensation in order to park in contravention of markings where necessary.
Edited by vonhosen on Tuesday 26th September 19:08
How do you park on the footpath without driving on the footpath to do so? I remember a post on this forum from a guy who parked near to Loyds insurance at the weekend on Loyds land which he accessed by driving over the footpath. I think he was prosecuted for that.
Worth dgging a little.
Worth dgging a little.
vonhosen said:
herewego said:
zadumbreion said:
herewego said:
Strangely it's not illegal to park on the pavement unless you're more or less completely blocking it
Hmm. I was done many years back when (like everyone else in the town centre) I was parked just up on the pavement (plenty of room left for pedestrians). I was done for "DRIVING on the pavement" which sounded a lot worse to me. When I contested it, I was told that in order to get the car up on the pavement I must have been driving in on the pavement, even if only for a few inches.
I lot of us have to do that to get into our driveways and it isn't illegal so I don't know how they got away with that one.
Sec 72 Highways Act 1835 makes it illegal to drive on the footway.
As for parking on the footway. In London it is illegal to park on the footway unless it is expressly signed that you can. Elsewhere it is generally that you can unless expressly prohibited by signage. It not being expressly prohibited doesn't mean that you can obstruct the footway.
What constitutes an obstruction will be a matter of fact for a magistrate to decide (Wade v Grange 1977).
Section 28 of the Town Police Clauses Act 1847 also makes it an offence to drive on the footway (as well as to obstruct the footway)
The Road Vehicle (Con & Use) Regs 1986 & The Highways Act 1980 & the Road Traffic Act also deal with obstruction offences.
Highway code
123: You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property.
Laws HA 1835 sect 72 & RTA sect 34
SCP vans (I would imagine) have obtained a dispensation in order to park in contravention of markings where necessary.
Edited by vonhosen on Tuesday 26th September 19:08
Isn't that contradictory? You said "Elsewhere it is generally that you can" then Highway Code 123 You MUST NOT drive on or over a pavement.
If it's illegal why does nobody enforce it?
herewego said:
vonhosen said:
herewego said:
zadumbreion said:
herewego said:
Strangely it's not illegal to park on the pavement unless you're more or less completely blocking it
Hmm. I was done many years back when (like everyone else in the town centre) I was parked just up on the pavement (plenty of room left for pedestrians). I was done for "DRIVING on the pavement" which sounded a lot worse to me. When I contested it, I was told that in order to get the car up on the pavement I must have been driving in on the pavement, even if only for a few inches.
I lot of us have to do that to get into our driveways and it isn't illegal so I don't know how they got away with that one.
Sec 72 Highways Act 1835 makes it illegal to drive on the footway.
As for parking on the footway. In London it is illegal to park on the footway unless it is expressly signed that you can. Elsewhere it is generally that you can unless expressly prohibited by signage. It not being expressly prohibited doesn't mean that you can obstruct the footway.
What constitutes an obstruction will be a matter of fact for a magistrate to decide (Wade v Grange 1977).
Section 28 of the Town Police Clauses Act 1847 also makes it an offence to drive on the footway (as well as to obstruct the footway)
The Road Vehicle (Con & Use) Regs 1986 & The Highways Act 1980 & the Road Traffic Act also deal with obstruction offences.
Highway code
123: You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property.
Laws HA 1835 sect 72 & RTA sect 34
SCP vans (I would imagine) have obtained a dispensation in order to park in contravention of markings where necessary.
Edited by vonhosen on Tuesday 26th September 19:08
Isn't that contradictory? You said "Elsewhere it is generally that you can" then Highway Code 123 You MUST NOT drive on or over a pavement.
If it's illegal why does nobody enforce it?
Parking on the footway is generally OK where no obstruction & not forbidden.
Driving on it other than what is necessary to gain legal access is not allowed.
Driving on the footway does get enforced, as does parking on it where prohibited or causing an obstruction.
Edited by vonhosen on Tuesday 26th September 19:18
vonhosen said:
herewego said:
vonhosen said:
herewego said:
zadumbreion said:
herewego said:
Strangely it's not illegal to park on the pavement unless you're more or less completely blocking it
Hmm. I was done many years back when (like everyone else in the town centre) I was parked just up on the pavement (plenty of room left for pedestrians). I was done for "DRIVING on the pavement" which sounded a lot worse to me. When I contested it, I was told that in order to get the car up on the pavement I must have been driving in on the pavement, even if only for a few inches.
I lot of us have to do that to get into our driveways and it isn't illegal so I don't know how they got away with that one.
Sec 72 Highways Act 1835 makes it illegal to drive on the footway.
As for parking on the footway. In London it is illegal to park on the footway unless it is expressly signed that you can. Elsewhere it is generally that you can unless expressly prohibited by signage. It not being expressly prohibited doesn't mean that you can obstruct the footway.
What constitutes an obstruction will be a matter of fact for a magistrate to decide (Wade v Grange 1977).
Section 28 of the Town Police Clauses Act 1847 also makes it an offence to drive on the footway (as well as to obstruct the footway)
The Road Vehicle (Con & Use) Regs 1986 & The Highways Act 1980 & the Road Traffic Act also deal with obstruction offences.
Highway code
123: You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property.
Laws HA 1835 sect 72 & RTA sect 34
SCP vans (I would imagine) have obtained a dispensation in order to park in contravention of markings where necessary.
Edited by vonhosen on Tuesday 26th September 19:08
Isn't that contradictory? You said "Elsewhere it is generally that you can" then Highway Code 123 You MUST NOT drive on or over a pavement.
If it's illegal why does nobody enforce it?
Parking on the footway is generally OK where no obstruction & not forbidden.
Driving on it other than what is necessary to gain legal access is not allowed.
Driving on the footway does get enforced, as does parking on it where prohibited or causing an obstruction.
Edited by vonhosen on Tuesday 26th September 19:18
So driving on the pavement in order to park there is not illegal and the HC is wrong?
Edited by herewego on Tuesday 26th September 22:07
Sounds like a good photo opportunity.
1) Get mother with double buggy and kids
2) Take picture of mother not being able to pass 'road safety van' on the pavement
3) Take another picture of mother pushing buggy into the road to get by
4) Take pictures of trucks bearing down on mother and kiddies
5) Send pictures to local papers
1) Get mother with double buggy and kids
2) Take picture of mother not being able to pass 'road safety van' on the pavement
3) Take another picture of mother pushing buggy into the road to get by
4) Take pictures of trucks bearing down on mother and kiddies
5) Send pictures to local papers
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