Who is responsible for pedestrian safety in the UK? |
Summary table | |||||||||
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Role | Responses received to the question of "Is parking like this legal or illegal?" | ||||||||
Clear answer | No clear answer | Total | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||
Ministers and similar | 2 | 3 | 1 | 3 | 9 | ||||
National police | 1 | 2 | 3 | ||||||
House of Commons Transport Select Committee | 3 | 1 | 7 | 11 | |||||
Wirral Council | 9 | 1 | 2 | 12 | |||||
Merseyside Police | 5 | 5 | |||||||
Merseyside Police and Crime Commissioner and Merseyside Police and Crime Panel | 1* | 2 | 9 | 12 | |||||
Local Political Representatives | 1 | 1 | 3 | 5 | |||||
Merseyside Integrated Transport Authority | 1 | 2 | 1 | 14 | 18 | ||||
Others | 1 | 1 | 2 | ||||||
Total | 0 | 3 | 1 | 13 | 7 | 9 | 1 | 43 | 77 |
Individual responses | |||||||||||
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1. Ministers and similar | |||||||||||
Individual | Response received to the question of "Is parking like this legal or illegal?" | ||||||||||
Name | Role | Clear answer | No clear answer | Details | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||||
The Rt Hon David Cameron MP | Prime Minister | ✔ | letter forwarded to the Department for Transport - see letter sent on his behalf or the text: [1] | ||||||||
The Rt Hon Nick Clegg MP | Deputy Prime Minister | ✔ | letter forwarded to the Department for Transport - see letter sent on his behalf or the text: [2] | ||||||||
Mr Robert Goodwill MP | Parliamentary Under Secretary of State for Transport | ✔ | A letter on behalf of Robert Goodwill MP suggested seeking independent legal advice, and indicated that local authorities and the police have responsibility - see letter sent on his behalf . | ||||||||
The Rt Hon Patrick McLoughlin MP | Secretary of State for Transport | (✔) | No response by 6 weeks, but presumably covered by the response of the Under Secretary of State | ||||||||
The Rt Hon Theresa May MP | Home Secretary | ✔ | No response by 6 weeks | ||||||||
The Rt Hon Damian Green MP | Minister of State for Policing Criminal Justice and Victims | ✔ | No response by 6 weeks | ||||||||
The Rt Hon Eric Pickles MP | Secretary of State for Communities and Local Government | ✔ | No response by 6 weeks | ||||||||
Ms Jane Ellison MP | Parliamentary Under Secretary of State for Public Health | ✔ | "...not within the remit of the Department of Health..." Advised to contact the Department for Transport and Wirral Council - see letter sent on her behalf or the text: [3] | ||||||||
The Rt Hon Ed Miliband MP | Leader of the Opposition | ✔ | "We have noted your concerns regarding vehicles parking on footways ..." - see letter sent on his behalf or the text: [4] | ||||||||
Comments The letter was forwarded on behalf of each of David Cameron and Nick Clegg to the Department for Transport, with no indication that the possibility of asking for a joint response from the Home Office had been considered. The official who responded on behalf of Robert Goodwill did not dispute that Robert Goodwill has (with others) responsibility for pedestrian safety, that vulnerable pedestrians are being put at risk by footway parking, that they are asking for help, and that legal clarity would assist them, but she failed to provide a clear answer. She merely provided a two-page answer that suggested seeking independent legal advice, and indicated that local authorities and the police have responsibility. They might have the responsibility for implementation of the law, but they do not have responsibility for formulating national policy. The two Home Office Ministers have some responsibility for policing policy, and so might be expected to take an interest in roads policing and pedestrian safety. The Secretary of State for Communities and Local Government is involved in local authority parking policy, and so might be expected to take an interest in how parking affects pedestrian safety. | |||||||||||
2. National police | |||||||||||
Individual | Response received to the question of "Is parking like this legal or illegal?" | ||||||||||
Name | Role | Clear answer | No clear answer | Details | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||||
Chief Constable Suzette Davenport | ACPO National Lead for Roads Policing in England and Wales | ✔ | "...powers were transferred from the police to local authorities...I would advise that you engage with the local authority..." See her letter . | ||||||||
Mr Tom Winsor | Her Majestys Chief Inspector of Constabulary | ✔ | No response by 6 weeks | ||||||||
Chief Constable Alex Marshall QPM | Chief Executive College of Policing | ✔ | No response by 6 weeks | ||||||||
Comments Suzette Davenport is the national lead for roads policing for the Association of Chief Police Officers. The text her letter is as follows: The safety of all road users is vitally important and underpins our national roads policing strategy 2011-2015 as we work to continue to reduce the numbers of persons killed and seriously injured on our roads. Reducing the risks associated with all pedestrians as road users is especially important as they are particularly vulnerable if they come into contact with moving vehicles. We live and work in busy and congested towns and cities across the UK and we are all responsible for ensuring that the available space is shared, in such a manner, as to be safe for all citizens to go about their daily business. Clearly, unlawful parking can exacerbate this situation. In 2007 parking enforcement powers were transferred from the police to local authorities, in line with each authorities statutory duty to provide road safety in their local area (s39 Road Traffic Act 1988). Therefore the responsibility for regulating the parking of vehicles on roads falls on local authorities. In addition, the Government have just concluded a consultation on parking with the aim of ensuring that parking strategies complement and enhance the attractiveness of our high streets and town centres. I would advise that you engage with the local authority in the Wirral in order to progress your campaign. Suzette Davenport's statement that the police no longer have any responsibility for parking enforcement is not correct. The Traffic Management Act 2004 allows for Civil Parking Enforcement for some contraventions (such as parking on double yellow lines) [5] but the offence of obstruction of the highway (including obstruction of a footway) and the offence of driving on a footway remain the responsibility of the police. If Suzette Davenport does not know the law, she cannot effectively coordinate measures to ensure pedestrian safety. Her reference to progressing "your campaign" suggests that she des not feel any responsibility for the safety of pedestrians attempting to make their way along footways. | |||||||||||
3. House of Commons Transport Select Committee | |||||||||||
Individual | Response received to the question of "Is parking like this legal or illegal?" | ||||||||||
Name | Role | Clear answer | No clear answer | Details | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||||
Mrs Louise Ellman MP | Chair Transport Select Committee | ✔ | No response by 6 weeks | ||||||||
Ms Sarah Champion MP | Member Transport Select Committee | ✔ | Advised to contact own MP [6] | ||||||||
Mr Jim Dobbin MP | Member Transport Select Committee | ✔ | No response by 6 weeks | ||||||||
Mr Jim Fitzpatrick MP | Member Transport Select Committee | ✔ | No response by 6 weeks | ||||||||
Ms Karen Lumley MP | Member Transport Select Committee | ✔ | Advised to contact own MP [7] | ||||||||
Mr Jason McCartney MP | Member Transport Select Committee | ✔ | No response by 6 weeks | ||||||||
Mr Karl McCartney MP | Member Transport Select Committee | ✔ | No response by 6 weeks | ||||||||
Mr Adrian Sanders MP | Member Transport Select Committee | ✔ | "...you should take this up with your local authority and constabulary" [8] | ||||||||
Ms Chloe Smith MP | Member Transport Select Committee | ✔ | No response by 6 weeks | ||||||||
Mr Graham Stringer MP | Member Transport Select Committee | ✔ | No response by 6 weeks | ||||||||
Mr Martin Vickers MP | Member Transport Select Committee | ✔ | "...the police and the local authorities have adequate powers..." see his letter or the text: [9] | ||||||||
Comments The 2013 Report of the House of Commons Transport Committee "Local authority parking enforcement" concluded that "in areas such as pavement parking, where there is a confusing patchwork approach across the country, local authorities must ensure that they communicate clearly to motorists" So it might be expected that the members of the Committee would either know what the law is, or say that it is unclear. | |||||||||||
4. Wirral Council | |||||||||||
Individual | Response received to the question of "Is parking like this legal or illegal?" | ||||||||||
Name | Role | Clear answer | No clear answer | Details | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||||
Cllr Phil Davies | Leader of Wirral Council | ✔ | No response by 6 weeks | ||||||||
Cllr Harry Smith | Cabinet Member - Highways and Transportation | ✔ | No response by 6 weeks | ||||||||
Mr Graham Burgess | Chief Executive Wirral Council | ✔ | Mark Smith will reply on his behalf. See his letter | ||||||||
Mr Kevin Adderley | Strategic Director: Regeneration and Environment | ✔ | Mark Smith will reply on his behalf. See his letter | ||||||||
Ms Clare Fish | Strategic Director for Families and Wellbeing | ✔ | See response from Fiona Johnstone | ||||||||
Mr Joe Blott | Director for Legal Services | ✔ | See response from Fiona Johnstone | ||||||||
Dr Fiona Johnstone | Head of Policy and Performance/Director of Public Health | ✔ | Kevin Adderley will reply on her behalf and on behalf of other Council staff. See her letter | ||||||||
Mr Mark Smith | Head of Environment and Regulation for Wirral Council | ✔ | "... I do not consider it appropriate for the officers of the Council to comment on the legality of issues which are beyond our legislative scope and will therefore refrain from completing your survey." See his letter or text: [10] | ||||||||
Mr Michael Peet | Traffic & Transportation Service Manager for Wirral Council | ✔ | See response from Fiona Johnstone | ||||||||
Mr Steve Atkins | Parking Manager for Wirral Council | ✔ | See response from Fiona Johnstone | ||||||||
Mr Shaun Brady | Highway Asset Manager | ✔ | See response from Fiona Johnstone | ||||||||
Mr David Rees | Road Safety Manager | ✔ | See response from Fiona Johnstone | ||||||||
Comments see Mark Smith's scanned letter here. | |||||||||||
5. Merseyside Police | |||||||||||
Individual | Response received to the question of "Is parking like this legal or illegal?" | ||||||||||
Name | Role | Clear answer | No clear answer | Details | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||||
Chief Constable Jon Murphy | Chief Constable Merseyside Police | ✔ | No response by 6 weeks | ||||||||
Chief Inspector John Hogan | Head of Roads Policing | ✔ | No response by 6 weeks | ||||||||
Sgt Paul Mountford | Roads Policing Department (Collision Reduction) | ✔ | No response by 6 weeks | ||||||||
Chief Supt John Martin | Wirral Area Police Commander | ✔ | No response by 6 weeks | ||||||||
Insp Brian Griffiths | Neighbourhood Police Inspector | ✔ | No response by 6 weeks | ||||||||
Comments Merseyside has the worst rates for KSI pedestrian casualties per 100,000 population so it might be expected that Merseyside Police would have a keen interest in promoting pedestrian safety. | |||||||||||
6. Merseyside Police and Crime Commissioner and Merseyside Police and Crime Panel | |||||||||||
Individual | Response received to the question of "Is parking like this legal or illegal?" | ||||||||||
Name | Role | Clear answer | No clear answer | Details | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||||
Ms Jane Kennedy | Merseyside Police and Crime Commissioner | ✔ | receipt of correspondence acknowledged - "Your correspondence will be considered as soon as possible..." - no further response by 6 weeks - see letter sent on her behalf | ||||||||
Cllr William Weightman | Chairperson of Merseyside Police and Crime Panel | ✔ | No response by 6 weeks | ||||||||
Mayor Joe Anderson OBE | Member of Merseyside Police and Crime Panel | ✔ | "I am not able to comment on the specific photographs as there are numerous factors and circumstances that would need to be taken into consideration ..." See letter or text: [11] | ||||||||
Cllr William Anderton | Member of Merseyside Police and Crime Panel | ✔ | No response by 6 weeks | ||||||||
Cllr Peter Brennan | Member of Merseyside Police and Crime Panel | ✔ | No response by 6 weeks | ||||||||
Cllr Keith Deakin | Member of Merseyside Police and Crime Panel | No longer a Member of the Panel [12] | |||||||||
Mr Joseph Edwards | Member of Merseyside Police and Crime Panel | ✔ | No response by 6 weeks | ||||||||
Cllr John Hale | Member of Merseyside Police and Crime Panel | (✔) | ✔ | "illegal: nearly always; legal: where specifically permitted ..." [13] | |||||||
Cllr Doreen Kerrigan | Member of Merseyside Police and Crime Panel | ✔ | No response by 6 weeks | ||||||||
Cllr Moira McLaughlin | Member of Merseyside Police and Crime Panel | ✔ | No response by 6 weeks | ||||||||
Ms Emma Powell | Member of Merseyside Police and Crime Panel | ✔ | All documents returned without a letter or any other marking | ||||||||
Cllr Frank Prendergast | Member of Merseyside Police and Crime Panel | ✔ | No response by 6 weeks | ||||||||
Cllr Simon Shaw | Member of Merseyside Police and Crime Panel | ✔ | No response by 6 weeks | ||||||||
Comments The letter to Mayor Joe Anderson asked in what circumstances footway parking is legal and in what circumstances illegal, but the response failed to give a clear answer - see scanned letter here. | |||||||||||
7. Local Political Representatives | |||||||||||
Individual | Response received to the question of "Is parking like this legal or illegal?" | ||||||||||
Name | Role | Clear answer | No clear answer | Details | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||||
Ms Esther McVey MP | MP for West Wirral | ✔ | She wrote to Wirral Council and Merseyside Police and forwarded a letter from Mark Smith (Wirral Council) in which he refused to comment. No forwarded letter from Merseyside Police received. | ||||||||
Cllr David Elderton | Councillor for West Kirby and Thurstaston | ✔ | Responded by email [14] | ||||||||
Cllr Jeff Green | Councillor for West Kirby and Thurstaston | ✔ | "As you are aware the Wirral West Constituency Committee had a discussion about this and have agreed to incorporate this issue into the Constituency Plan." | ||||||||
Cllr Geoffrey Watt | Councillor for West Kirby and Thurstaston | ✔ | Responded by email [15] | ||||||||
Cllr Alan Brighouse | Chair of Regeneration and Environment Policy and Performance Committee | ✔ | "The law is not clear. Driving on a pavement is an offence, but exactly what constitutes 'driving on a pavement' has probably not been tested. ..." [16] | ||||||||
Comments | |||||||||||
8. Merseyside Integrated Transport Authority | |||||||||||
Individual | Response received to the question of "Is parking like this legal or illegal?" | ||||||||||
Name | Role | Clear answer | No clear answer | Details | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||||
Cllr Liam Robinson | Chair of Merseyside Integrated Transport Authority | ✔ | "...I am not in a position to comment on the legality of footway parking ... I have forwarded your letter to ... each local authority ..." see his letter or the text: [17] | ||||||||
Cllr Marlene Quinn | Vice-Chair of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Ron Abbey | Member of Merseyside Integrated Transport Authority | ✔ | The area Police Inspector (Insp Kolokotroni) will respond on his behalf [18] - no response from Insp Kolokotroni by 6 weeks | ||||||||
Cllr Joanne Calvert | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Anthony Carr | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr John Dodd | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Steve Foulkes | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Gordon Friel | Member of Merseyside Integrated Transport Authority | ✔ | "I am advised that a collective answer is forthcoming from Merseytravel." - no response from Merseytravel received by 6 weeks | ||||||||
Cllr John Fulham | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Stephen Kermode | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Ken McGlashan | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Mark Norris | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Mary Rasmussen | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Les Rowlands | Member of Merseyside Integrated Transport Authority | ✔ | "To the best of my knowledge mounting the pavement with a vehicle is against the law ..." [19] | ||||||||
Cllr John Salter | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Malcolm Sharp | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Hayley Todd | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Cllr Jeremy Wolfson | Member of Merseyside Integrated Transport Authority | ✔ | No response by 6 weeks | ||||||||
Comments | |||||||||||
9. Others | |||||||||||
Individual | Response received to the question of "Is parking like this legal or illegal?" | ||||||||||
Name | Role | Clear answer | No clear answer | Details | |||||||
"legal" | "illegal" | "don't know" | Delegated to someone else | Advised to contact someone else | Response contained no clear answer | Refused to respond | No response received | ||||
Ms Claire Lindley | Chief Crown Prosecutor CPS Mersey-Cheshire | ✔ | "Parking on the pavement is not, in itself, illegal. ... possibility for proceedings for obstructing the highway ..." see letter sent on her behalf or the text: [20] | ||||||||
Mrs Ruth Shaw | Chair of the Magistrates Bench | ✔ | No response by 6 weeks | ||||||||
Comments |
[1] | Letter on behalf of the Rt Hon David Cameron MP: Mr Cameron is grateful for the time and trouble you have taken to get in touch. Because the Department for Transport is best placed to respond to the matters you raise, he has asked me to forward your letter to the Department so that they may reply to your concerns directly. |
[2] | Letter on behalf of the Rt Hon Nick Clegg MP: It is good of you to take the time to write to Mr Clegg. I hope you will understand that as the points you raise are a matter for the Department for Transport, he has asked me to forward your correspondence to them so that they may respond directly. |
[3] | Letter on behalf of Jane Ellison MP: Whilst I understand your concerns about road safety as a public health [sic], the matters you raise are not within the remit of the Department of Health. Road safety campaigns and the expansion of public and private transport are matters for the Department for Transport. You may therefore wish to contact that Department directly with your concerns. The contact details are: ... With regards to the implementation of parking restrictions, this is a matter for local authorities and you should continue to pursue your concerns with Wirral Council directly. I am sorry I cannot be more directly helpful. |
[4] | Letter on behalf of the Rt Hon Ed Miliband MP: We have noted your concerns regarding vehicles parking on footways. Mr Milliband is always grateful to hear people's views and suggestions as to how matters can be improved and believes that people such as you, who take the time to write in, provide a crucial input to the politicial process. Thank you again for taking the time to get in touch with Mr Milliband to share your views. |
[5] | Department for Transport: Traffic Management Act 2004 The Secretary of States Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions http://assets.dft.gov.uk/publications/tma-part-6-cpe-statutory-guidance/betterprkstatutoryguid.pdf |
[6] | Letter on behalf of Sarah Champion MP: ...as Sarah is not your MP, Parliamentary Protocol prevents her from acting on your behalf. Your Member of Parliament is Esther McVey ... You may like to contact her on this issue. |
[7] | Email on behalf of Karen Lumley MP: Thank you for your letter to Karen Lumley MP of 27th February which she read with interest as a member of the Transport Committee. Members of Parliament are only able to correspond with their own constituents, and so should you require a response to your letter or any action taken then please address any further correspondence to your own member of Parliament who, from your address, I believe is Esther McVey MP. |
[8] | Adrian Sanders MP wrote: Whether there's a consensus or not it will be a court that ultimately determines what is or isn't legal so the [?] is one of enforcement and you should take this up with your local authority and constabulary. |
[9] | Letter from Martin Vickers MP: I have made enquiries and I have been assured that both the police and the local authorities have adequate powers to deal with all issues relating to illegal parking. |
[10] | Letter from Mr Mark Smith: As far as I am aware, unless there are specific Traffic Regulation Orders in place, or that a specific driver is witnessed causing specific damage, the Council is not formally able to take legal action. Issues such as driving onto footways or obstruction of these are matters for the Police and I understand that the Police have been in correspondence with you over this on a number of occasions over recent years. The Council takes its responsibility for road safety seriously ... The overall number of pedestrian road casualties has reduced significantly ... I do not consider it appropriate for the officers of the Council to comment on the legality of issues which are beyond our legislative scope and will therefore refrain from completing your survey. |
[11] | Letter from Mayor Joe Anderson: I am not able to comment on the specific photographs as there are numerous factors and circumstances that would need to be taken into consideration. However in terms of pavement parking in Liverpool I would make the following general comments:-
|
[12] | Letter from Cllr Keith Deakin: He had retired from the Panel in September 2013, but the website (accessed February 2014) had not been updated |
[13] | Cllr John Hale responded: illegal: nearly always; legal: where specifically permitted - where pavements are wide enough and have been constructed in order to facilitate such parking i.e. Dovedale Rd and Avondale Rd in Hoylake. |
[14] | Email from Cllr David Elderton: Unusually for me, I am going to have to give you a bit of a politician's answer...! (We have discussed previously many of issues detailed below) 1. The Highway Code appears to state that DRIVING ON to a pavement is 'illegal' - but being parked on one is not. (The answer to this could be to create a law that prosecuted the OWNER of any vehicle that was on the pavement without just cause) 2. If parking on pavement was banned on both sides of many of the narrow roads in the borough, it would prevent the passage of emergency, service and HGV vehicles. 3. If parking was only to be allowed on one side of the road, it would immediately halve the parking provision in many areas - including parts of West Kirby. This would be practically, politically and democratically unacceptable to many residents. 4. In other words, we inevitably and regrettably need a compromise solution (that I have been pursuing all along) It should be clearly deemed illegal to cause OBSTRUCTION to the extent that pedestrians or permitted wheeled vehicle users (push chairs and mobility scooters etc) are forced off the pavement into the road. 5. And the Council should ALWAYS prosecute those causing damage to pavements - including the residents of properties where THEY allow workman to block or damage pavements and grass verges with their heavy vehicles. SUMMARY Clearly my conclusion is that parking on pavements is illegal in principle - but the practicality of enforcing it MUST take into consideration the issues outlined above. My position on all this has not changed since I first raised this parking issue in committee and at Council. The devil is in the detail of how to develop appropriate unambiguous laws - that are enforceable. Hope that clarifies my opinions |
[15] | Email from Cllr Geoffrey Watt: Apologies for my non-reply to your survey letter. I had put it aside for a more detailed response and since your recent exchanges with David; I have just uncovered it again. Much as I would have liked to simply tick the first (illegal) box, for reasons explored in various reports including your own, I do not believe that would be correct. My understanding is that (regrettably) parking on the footway (apart from some specified and signed verges) is not currently illegal in Wirral; but the act of driving onto and off the footway would be an offence if witnessed by a police officer - hence your use of the second photo. It would be my wish that for reasons of pedestrian safety and costly surface repairs, parking on the footway should become just as universally unacceptable as smoking in enclosed public places has become. Those with off-street space should use it and, where possible, create more (as I have done) thus leaving on-street space for temporary visitors. Those who cannot park fully on the carriageway without causing obstruction should be obliged to park elsewhere and, if inconvenient, consider the long-term suitability of their accommodation for their vehicle usage. For the time being and to avoid significant extra expenditure by the police and council, the use of windscreen stickers and a database to record repeat 'offenders' together with an ongoing publicity campaign seems to me to be the best way of achieving the goal of 'universal unacceptability'. I strongly support David's continuing efforts to get the police and council officers to use the stickers. From the exchanges at the latest West Wirral Constituency Committee, it would appear that this has unanimous support. I hope this helps and I shall be returning the unused s.a.e.! |
[16] | Cllr Alan Brighouse responded: The law is not clear. Driving on a pavement is an offence, but exactly what constitutes 'driving on a pavement' has probably not been tested. It is further confused by the decriminalisation of parking enforcement. Use of signs to indicate a local ban is a possible option for specific problem areas. |
[17] | Letter from Cllr Liam Robinson: Unfortunately, I am not in a position to comment on the legality of footway parking as this is a matter for each local authority to determine. Therefore, I have forwarded your letter to the Merseyside Road Safety Partnership for each local authority partner to respond directly to you so that they can explain their approach to the matter. However, in the meantime, I would draw your attention to the Merseyside Local Transport Plan ... |
[18] | Cllr Ron Abbey telephoned initially, and then emailed: I will confirm with you that my answer that I gave you is because I do not have the expertise on what is or is not Legal parking so to get a definitive answer I have asked Inspector Kolkotroni to respond as to what is enforcement and what is not I think this is appropriate the you have a Legal and expert opinion rather than a incorrect one from a Councillor that is off the cuff |
[19] | Cllr Les Rowlands wrote: To the best of my knowledge mounting the pavement with a vehicle is against the law unless an access to driveways is available Parking on footpaths is illegal and should be enforced |
[20] | Letter on behalf of Ms Claire Lindley: Parking on the pavement is not, in itself, illegal. Most parking matters have been decriminalised and are now enforced by the local authority rather than the police. Local signage should indicate any restrictions which are in place. There remains the possibility for proceedings for obstructing the highway (including pavement or footpath) under the Highways Act 1980, Town Police Clauses Act 1847 and the Road Vehicles (Construction and Use) Regulations 1986, depending on the circumstances. The investigation of any alleged offences is the responsibility of the police. I hope that this letter assists you in understanding the law and our position in respect of such matters. |