Double parking and parking across a dropped curb

This is a relatively common problem that gets most residents hot under the collar.  A quick check on the internet will reveal a lot of angry talk, backed with little legal evidence.  The simple answer is, that it is an offence to park on a section of the carriageway which is designated as a crossing point or route to cross a footway or cycle path. This can be a crossing point for cyclists or pedestrians or a vehicular access to a dwelling such as a driveway. The various exceptions to this are quite specific.  Rather than me trying to explain please refer to the letter of the legislation listed below:


Prohibition of parking on a dropped footway:

Traffic Management Act 2004: Part 6 Civil enforcement of traffic contraventions; Additional contraventions in special enforcement areas, section 86: prohibition of parking on a dropped footway:

http://www.legislation.gov.uk/ukpga/2004/18/section/86

Prohibition of double parking etc:

Traffic Management Act 2004: Part 6 Civil enforcement of traffic contraventions; Additional contraventions in special enforcement areas, section 86: prohibition of double parking etc:

 http://www.legislation.gov.uk/ukpga/2004/18/section/85

Note that a "footway," is a path designed for pedestrians which runs parallel to the carriageway.  The term footway does not "specifically" mean "pavements" or "footpath".  The legal definition is quite precise, unlike my explanation.

Similarly a carriageway has a specific legal definition and does not mean road.  Colloquially, we often use the term road to mean carriageway and pavement for footway. When presenting in a court of law, these colloquial terms are far too vague, so more specific and precise terms are defined and used.

Just because the legislation exists does not mean you will have a resolution you want, as councils and police view the situation differently.  Sometimes the more slippery enforcement elements will suggest that there is nothing they can do as the legislation does not exist.  The above links prove this stance to be incorrect.

These aspects of the law are based on the fact that there is a Special Enforcement Area (SEA) and it has been created and implemented properly by the council.  To see how it can all go wrong have a look at this link:

 http://forums.pepipoo.com/index.php?showtopic=56032


More reading for the legal beavers:

Traffic Management Act 2004 summary: