Is this really parking on a footway/pavement?? :os ** resolved **

[Mr Government]

Surely the simple solution is too request a copy from the local authority of its adopted footways at this location! The photo is not great as you could interpret it that the public highways ends at the footway edge before the vehicle access, or most likely that original footway extended much further, but was at some point reconstructed to facilitate the vehicle access, however it would still remain a footway but one that has been partailly reconstructed to allow vehicles to pass over it without causing any damage.

[green_and_mean]

The difference between a footway and carriageway is down to a right of way for either vehicles or foot traffic, the RTRA 1984 has nothing to do with 'rights of way'.

[Mr Government]

The difference between a footway and carriageway is down to a right of way for either vehicles or foot traffic, the RTRA 1984 has nothing to do with 'rights of way'.

 

What about section 137 Highways Act?

 

A highway obstruction has been defined by the courts as 'something which permanently or temporarily removes the whole or part of the highway from the public's use altogether'. Under the Highways Act 1980 s137, any person who, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway is guilty of an offence.

[Jamberson]

What about section 137 Highways Act?

 

A highway obstruction has been defined by the courts as 'something which permanently or temporarily removes the whole or part of the highway from the public's use altogether'. Under the Highways Act 1980 s137, any person who, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway is guilty of an offence.

 

You seem to be talking about obstruction. How does that relate to the definition of footway/carriageway?

[Frustrated_Fred]

I wasnt obstructing anyone though? This is confirmed in the reply from the council who in their letter stated that I wasnt blocking anyones way including pedestrians, wheelchair access and so on. My argument is that the part of the road my wheels was on were infact the road and not a footway.

[Jamberson]

Technically any parked vehicle is obstructing - but it's not relevant to your case.

[Frustrated_Fred]

Thought I would provide an update on this...fortunately I the local council have dropped the case. It was due to go before an adjudicator tomorrow however Tuesday I received a phone call informing me they wouldnt be going ahead.

 

I can only think that this is due to the area I parked not clearly being a footpath, I havent receieved any info on this so am just assuming. I would also guess that due to the lack of road markings and signs also may have been a factor.

 

So my adviced to anyone is that if like me they feel strongly in their case, then fight it all the way as more often than not the council will back down at the last minute.

[honeybee13]

Hello again, what a good result!

 

Thank you for coming back to tell us. I'll change your thread title.

 

My best, HB

[sailor sam]

Can I suggest you ring them back and ask them to confirm in writing?

[crem]

If they have only advised you it is dropped by phone, I would insist on an email and/or ring the court yourself to confirm it is withdrawn.

 

Not that I am suggesting they may go ahead without you there as an undefended case.

[Frustrated_Fred]

Yeah thanks for the advice...I receieved a letter confirming it in the post this morning.

 

Would have been nice to know why the havent contested it...but thats just wishful thinking!

[Tony P]

Would have been nice to know why the havent contested it...but thats just wishful thinking!

Ever played Poker?

A great move when you suspect you are not or cannot win the bluff is to fold without showing your cards - the opposition never knows and learns nothing of your strength or weakness limits!!

 

Well done.