Anyone know anything about footpaths?

[HeyWayne]

I mean public footpaths.

We have a numpty neighbour who owns a chuffin great big camper van thing - motorhome they call it. Anyway, it sticks out off from his drive, completely blocks the footpath and sticks out onto the road by about 1-2ft. They also have about 10-15 cars/vans that come and go (they run some kind of chauffeuring/courier business from home) and are often parked quite inconsiderably. At any one time they have at least 4-5 cars parked all over.

We along with a couple of other neighbours have had polite words, but they seem to have fallen on deaf ears.

Before I do something I regret I thought I'd better officially report it - but the council said it's nothing to do with them as there are no parking restrictions on the road. I thought blocking a footpath was against the law - along with parking cars two wheels on, two wheels off the path?

Anyone have any suggestions about what to do?

[Winged one]

We were getting tickets for doing that outside our lotties (the 2 wheels on the grass thing I mean). So everyone now parks 4 wheels on road.

Can't help on the general question though, as our laws are strangely similar but usually different in the detail.....

[Starchild]

Lord Laird asked Her Majesty's Government:

How many people have been charged with parking their cars on the footpath in Belfast in each year since 2003. [HL1225]

Lord Rooker: The information requested is not available.

The specific offence of parking on the footpath does not exist. In recording offences, no distinction is made between offences committed on the road or on the footway.

Lords Hansard text for 22 Feb 200722 Feb 2007 (pt 0002)

[armadillo]

It's definitely illagal to block the pavement- a friend of my dad's had similar problem, andcomplained - the offending parker had to stop doing it. No parking restrictions on the road meansthey can park as many vehicles as they like ON THE ROAD- not the pavement!

[Two_Sheds]

Here's what the Dept for Transport say: "Parking on the pavement can cause inconvenience to pedestrians. It can create hazards for visually impaired, disabled and elderly people or those with prams or pushchairs. It may also cause damage to the kerb, the pavement, or the services underneath. Repairing such damage can be costly and local authorities may face claims for compensation for injuries received resulting from damaged or defective pavements.

In some areas pavement parking is prohibited by a local Act of Parliament, and it may be prohibited elsewhere in particular streets or parts of streets by traffic regulation orders. But enforcement may be a problem unless the local authority is able to take on the responsibility through the arrangements being developed under the Road Traffic Act 1991".

[Two_Sheds]

check this out: Pavement Parking Campaign :: Living Streets ::
there's a handy print-off flyer on it, you can put on their windscreen.

[quark1]

Your driveway may also not be obstructed - irrelevant if on a terraced street - but having lived for many years in the centre of Brighton where a double yellow was nicley cratfed outside my property - I never had the privilege of parking directly outside - except for v.rare offloading of heavy objects - literally minutes only. I am now fiercely protective of my driveway access whether I use it myself or as parking for visitors/workmen to my address.

I have often had to leave notes on cars - usually associated with next door house which is rented out for 6-8 months each year. This year there were 4 cars at the one address - more if they had visitors. The last straw was when one of them partially obstructed by access by half the length of a company logo'd car. I couldn't resist and emailed the company and complained. The girl knocked the door the next working day - but instead of just saying sorry - won't happen again - insisted I had exaggerated the extent of the obstruction and made a bad neighbour of herself in the process - stupid girl. However the car was always parked along the road afterwards.

Apart from the camper-monstrosity taking up far too much legal/illegal space - if there are that many vehicles coming and going as to be causing a nuisance - whether parked legally or not - I wonder if the question to the council ought to be - is there effectively a change-of-use of residential property to business use? Of interest to the council as they will derive extra business rates from such a property.

How long have you lived there? Was this 'business' active when you bought/rented your home? If it has grown over a period - then has an application for change-of-use and the necessary public consultation taken place?

You have my sympathies.

[zazen999]

On another forum someone got a ticket for just that. They quoted the London Borough of Sutton Website which says...

Footway Parking
9.12.17 Under the Road Traffic Act 1991, the parking of vehicles on the
footway became a decriminalised offence and the Council is therefore
able to enforce the footway parking ban. Any vehicle parked with one
or more wheels on any of these areas is liable to receive a PCN unless
fully parked within an exempted footway parking area. The ban covers
any part of the public highway that is not carriageway. This includes:
• pavements,
• grass verges,
• central reservations,
• traffic islands, and;
• the link between private property with the road (crossovers).

9.12.20 Except in special circumstances, the following clearance widths are to
be maintained when considering Footway and Verge Parking
exemptions:
• 1.2m Minimum clear footway width to be retained
• 1.8m Assumed width for parked vehicles (standard bay width)
Clear carriageway width (i.e. excluding parked vehicles): -
• 6.0m Strategic Roads and Industrial Estate Roads
• 5.0m Borough Distributor Road
• 4.0m Local Distributor Roads
• 3.5m Local Roads This is sufficient for emergency vehicles but
would not allow moving vehicles to pass without giving way, i.e.
effectively alternate one-way working past parked vehicles.

9.12.21 Exemptions from the ban on footway parking are only introduced if the
following criteria are met:
• Carriageway widths will not accommodate vehicles parked wholly
on the carriageway, on both sides, and still retain the clear width set
out above.
• The footway width is sufficient to permit exemptions and retain the
minimum clear distances as set out above.
• There is a history of parking over the footway by a significant
number of vehicles.

I'd definitely look into the change of use issue though.

[Two_Sheds]

I bet the people who park on pavements are the same people who moan like feck about cyclists on the (same) pavement.

[Pootle]

Try pushing a double pushchair and holding a toddler on reins whilst avoiding the cars parked across the pavement and the dog s**t!

[HeyWayne]

The dude already pays business rates - we know this because LadyWayne was outside one day tending our "mound" and numpty neighbour had his hosepipe running as usual (just left lying in the road, water running out), and she said about turning it off. He then stated he "paid enough" as his water was charged at business rates. I'd guess that would suggest he's legit on that front.

I spoke to the local council yesterday and they said it is a matter for the police. Now, as far as I'm concerned, the police have enough to deal with already - so I'm going to try the parish council today. At another part of the village they place a-frame signs asking people not to park on the grass verges (outside a school).

One of the dudes on the allotment is a parish councillor and he suggested that such large camper/motorhomes often come with a local storage space included to avoid this very situation where vehicles cannot reasonably be kept at the owners residence.

We've only been there three years, but when we first moved in, although the road was busy (in terms of amount of cars parked) - it was nowhere near what it is now, and the camper/motorhome only makes things worse.

The volume of cars doesn't trouble me too much (although theirs are excessive), it's the lack of consideration for anyone else. If we have a barbecue/party we let the neighbours know that there will be quite a few cars parked out on that given day, and we try and get as many on our drive as possible - 4 at a push.

We're not the only ones that feel this way by the way. It's quite a peaceful area and I'm not keen on causing unnecessary aggravation, but it's getting ridiculous.

Thanks for all the pointers.

[Mikey]

I remember a similar situation back home with my parents, where a taxi firm had gone from running a couple of taxis to about a dozen. I am sure the council restricted him to 4 cars parked on the highway around his residential home, and all others had to be stored elsewhere.

I think you need your local neighbourhood watch onto this, as it is a public nuisance, they are capable of getting people to remove rubbish left lying around I am sure they could get their teeth into a business becoming oversized for its location.

[Pootle]

Check your deeds (would have been flagged by your solicitor when moving in) - often they'll say no business to be conducted from the premises, if yours say that and your neighbour's house is of a similar age its a good bet that his do too. These terms are for the very reasons you have pointed out - a residential area is not designed for the traffic caused by a business.

So, even though he is paying business rates, has he had the terms of the deeds set aside? If not, well it might be another weapon in your arsenal...terms are usually enforceable by any interested party. Perhaps he would prefer to find some legitimate business premises rather than face a court case?

Another tack would be to check with him that he has had approval of the council planning department for change of use and a current fire inspection report.

This is bringing out my evil side and I don't even live there! Let us know how you get on!

[SlugLobber]

Some residential areas even specify 'no mobile homes or caravans to be parked in the drive'. I kid ye not - I live in one! Too posh for pikeys, we is! The business agreement will have conditions attached. Number of vehicles, hours in which business may be conducted.

I thought it was illegal to block a footpath under the Rights of Way Act? Also to park with two wheels on the kerb unless the pavement is 'two-part', with tarmac and a flagstone paving on the side furthest from the road. I do seem to remember that it depends on the Local Authority, though.

[HeyWayne]

Well, seems like nobody wants to know.

Lady at Parish council said she'd bring it up in the next meeting - nothing heard yet (this was 6 or so weeks ago now). She said to speak to the local bobbie, but when I spoke to him he sounded completely apathetic and said he deal with it "accordingly".

Needless to say, I haven't heard a sausage and the camper wagon/truck/behemoth is still there.

Once I start pushing a pram about and have to skirt round his various cars/trucks, I think I'll not be able to refrain from stern words.

Grr!