Stockton-on-Tees Borough Council

Parking on pavements

Pavement parking can cause damage, danger and obstruction to road users and pedestrians - and people with disabilities, visual impairments, older residents and those with prams or pushchairs are particularly vulnerable.

This sort of parking can not only damage grassed verges and pavements but the cables and pipes laid underneath, costing hundreds of thousands of pounds to repair each year.

People regularly ask the Council to take action on pavement parking, which is clearly an issue for many residents. The information here is intended both as a guide for vehicle owners and to inform other residents about what action the Council can reasonably take in various circumstances.

Parking enforcement agencies

SBC Civil Enforcement Officers (CEOs) have powers under the 2004 Traffic Management Act to issue penalty charge notices for contravention of yellow line parking and loading restrictions and certain instances of parking across dropped crossings.

SBC Neighbourhood Enforcement Officers (NEOs) have powers under the 1984 Road Traffic Regulation Act and the 1980 Highways Act to issue removal notices on vehicles deemed to be parked in an obstructive or dangerous position. Most have now been accredited to act as supplementary CEOs so they can also issue penalty charge notices for yellow line parking and loading offences. They are used particularly in isolated locations difficult for CEOs to reach.

NEOs have additional powers under the Clean Neighbourhoods Act to deal with instances of untaxed and other nuisance vehicles. They have also been granted certain Police powers under the Community Safety Accreditation Scheme.

Police officers can no longer enforce yellow line restrictions but still retain powers to deal with obstructive parking by issue of a fixed penalty notice.

Yellow line restrictions

Yellow line restrictions apply to the back of the highway boundary including footways and verges unless a parking area has been designated off the carriageway.

Where parking on the pavement (footway) coincides with a yellow line restriction then a penalty charge notice can be issued by a CEO.

Occasionally more than one contravention is committed simultaneously.

Obstruction

What happens:
Where insufficient room for a pedestrian, wheelchair or pushchair is left between a vehicle and the highway boundary (nominally 0.9m) then a vehicle parked on a pavement would be deemed to be causing an unnecessary obstruction.

Elderly, disabled and blind or partially sighted people are also presented with problems when this practice occurs.

What we can do:
If a complaint is received or a nuisance obstruction observed where no yellow lines are present then the Neighbourhood Enforcement Officers will assess the particular site circumstances following agreed guidelines and may issue a 24 hour removal notice to the vehicle. This normally serves to educate the vehicle owner and gain compliance. Out of approximately 2,500 such notices issued to date, only 20 have had to be followed up with removal action.

Road safety

What happens:
Obstruction can in many cases also lead to road safety issues. Where pedestrians and particularly wheelchair users are forced into the carriageway because the pavement is blocked then this can present an immediate danger, particularly on a busy road.

Parked vehicles can also obscure visibility and dangerously conceal pedestrians at crossing points.

What we can do:
Where in the opinion of the enforcement officer (or a Police Officer), the vehicle presents an immediate safety hazard to other road users particularly the disabled and other vulnerable pedestrians, then an immediate removal notice can be served. (NB. A Police Officer would issue a £30 fixed penalty notice in similar circumstances).

Damage to footways and verges

What happens:
Continual parking on pavements and verges causes problems for maintenance vehicles (grass cutting, sweeping etc) as well as leading to unsightly damage. It can also detract from the environmental quality of the neighbourhood.

Damage to flagstones creates tripping hazards leading to injuries and accident claims. This is especially so where light or heavy goods vehicles are involved since the damage can be as much as that caused by 10,000 instances of cars parking. The Road Traffic Act 1988 generally bans Heavy Goods Vehicles over 7.5T from parking on the pavement, with very few exceptions.

What we can do:
Depending on local circumstances a removal notice can be issued even if an actual
obstruction to pedestrians has not occurred. This will serve as advice to motorists that their parking habits are leading to costly and unsightly damage with follow up action usually unnecessary.

Cost of repairs

What happens:
The Council receives claims from pedestrians tripping on damaged pavements. Vehicle trespass can also lead to damage to underground services, therefore regular inspections and repairs take place costing the Council £300,000 annually.

What we can do:
Clearly there are cost implications in continually repairing damage to verges and pavements but where there are capital funds available and no obstruction or safety issues would result then a parking scheme may be provided as below. Alternatively physical measures can be used to prevent the trespass.

Key contacts

Surveillance centre - Nuisance or obstructive parking to raise issues requiring intervention, please e-mail the Enforcement Dispatch Team (enforcement.admin@stockton.gov.uk), or if urgent telephone 01642 528439 (24 hour answer service).

Parking office - Telephone: 01642 528499. E-mail: carparking@stockton.gov.uk. Office hours: 8.30am to 5pm Monday to Thursday and 8.30am to 4.30pm Friday.

Care For Your Area - If you discover a cracked pavement or damaged verge, you can report the damage by telephoning: 01642 391959. Office hours: 8am to 6pm Monday to Friday and 10am to 1pm Saturday. E-mail: careforyourarea@stockton.gov.uk

UNITE provides a local community mediation service (free to Stockton Borough residents including resolving neighbour disputes over parking issues. Residents can contact UNITE directly to refer their case or they may be referred by the Council or Tristar homes. Mediation is a way of helping people find a win/win situation to their issues. Website: www.unite-mediation.org. Telephone: 01642 311633 or 01642 327583 ext. 370 E-mail: enquiries@unite-mediation.org Address: UNITE Southlands Centre, Ormesby Road, Middlesbrough TS3 0HB. Office Hours: 9am to 5pm Monday to Thursday and 9am to 4.30pm Friday.

Stockton Communities and Residents' Group - Meets regularly and can discuss car parking issues with local residents organisations. Telephone: 01642 733912 Office hours: 9am to 5pm Monday to Thursday and 9am to 1pm Friday.