The council has a responsibility to keep the roads and footpaths safe to use.
Illegally parked vehicles cost the council thousands of pounds a year in damaged paving, damaged grass verges, and cause serious problems for pedestrians particularly the disabled.
Vehicles parked on pavements are:
- A hazard to pedestrians causing an obstruction which may result in them having to step off the pavement onto the highway thus putting themselves in danger.
- A hazard by restricting the width of the pavement making it difficult for someone with a pushchair of wheelchair to pass safely.
- A hazard due to the damage caused by driving on and off the pavement - broken flags etc.
The council cannot take any legal action against such pavement parking as it has no enforcement powers, however, if there are waiting restrictions (yellow lines) on the highway adjacent to the pavement then a Penalty Charge Notice (PCN) may be issued by the Enforcement Contractor acting on behalf of the Council since a vehicle parked in this manner is in contravention of the traffic regulation order. Waiting restrictions cover the highway from centre of highway to the boundary of the adopted highway.
If there are no waiting restrictions on the highway adjacent to the pavement, then the Police could charge the offending motorist with obstruction.
Where there are persistant pavement parking problems the council could, subject to investigating the problem consider installing bollards at the kerb edge.