Parking on the pavement

Many local residents are aware of the problems caused by inconsiderate parking in the Birling Road / Recreation Avenue area.

We'd like to thank the Police, Fire Brigade and Town Council for their efforts in trying to combat the problem by doing leaflet drops, keeping track of persistent offenders, and putting up signs to discourage this dangerous parking.

Despite there being some improvement, sadly some people continue to park dangerously.

The legal position here is complicated, not least because of the decriminalised parking legislation which means that, in our area, Tonbridge and Malling Borough Council is responsible for enforcing some off-street parking (e.g. in council car parks) and some on-street parking (waiting restrictions, double-yellow lines etc). Some of the responsibility for on-street parking (e.g. hazardous parking) remains with the Police.

With particular regard to parking on the pavement, the situation is as follows:

• There is no law that prevents parking on the pavement (unless it's a vehicle over 7.5 tonnes - The Road Traffic Act 1988 - section 19)
• It is an offence to drive ONTO the pavement under section 72 of The Highways Act 1835.
• It is an offence to "wilfully cause an obstruction" on a "public thoroughfare" under section 28 of The Town Police Clauses Act 1847 
• It is an offence to "wilfully obstruct the free passage of a highway" under section 137 of The Highways Act 1980.
• Under section 22 of The Road Traffic Act 1988, it is an offence “if a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road.”

The local Conservative team surveying parking problems in the area.

The main problem preventing the Police from acting is that there is a very high threshold of evidence to ensure a successful conviction under the above legislation. Unlike the legislation in regard to speeding, the Police are unable to force the registered owner of a vehicle to tell them who was driving at the time the offence occurred. This, realistically, means that the Police need to witness an offence as it occurs in order to prosecute successfully.

Despite this complicated position, we continue to urge the Police, TMBC and Kent Highways to work together in order to keep the residents of Snodland safe on the roads (and pavements!).