Pavement parking: why England won’t ban it

Pavement parking is more than antisocial. It creates danger. People are forced into the road, which is especially perilous for children, wheelchair users, parents with buggies, and blind or partially sighted people.

It's why the government’s response to the 2020 consultation on pavement parking in England has been so eagerly awaited. And why the policy announcement earlier this month feels lacklustre.

While councils in England are to be given new powers to restrict pavement parking, the nationwide ban so many had called for is missing. Instead, the government says it will introduce secondary legislation in 2026 so local authorities with civil enforcement powers can act against “unnecessary obstruction” of the pavement.

The policy announcement seems at odds with public sentiment. The Department for Transport consultation received over 15,000 responses: 92% of local authorities, 80% of businesses, and 82% of individuals said pavement parking was a problem in their area.

Living Streets, the walking charity, has welcomed the fact that something is finally happening, but believes the new powers do not go far enough. Its chief executive, Catherine Woodhead, warns that leaving the decision to local leaders will lead to inconsistency, which increases risk for everyone using the streets.

The problem with the local option is one council might enforce, the next might not. Meanwhile people keep getting forced into the road.

A national ban would signal clearly that pavements are for people. Streets that meet certain requirements can get an exemption, as already happens in London where a blanket ban on pavement parking has existed for over half a century.

Scotland has also taken the national ban route. Since 11 December 2023, Scottish local authorities have had the tools to enforce a pavement parking prohibition with a £100 penalty charge notice.

Demand action on pavement parking

If you’re wondering why an issue that’s important to so many people keeps being kicked down the road, it’s because the car lobby holds greater sway than the groups representing pedestrians. If you want to help redress this imbalance, there are things you can do.

Living Streets has been collecting evidence for years, including a map where people have added photos of pavement parking hotspots. If your area is affected, reporting helps get the issue recognised.

For our part, we used a radical approach to get pavement parking further up the news agenda. We dreamt up the “Catclaw”, a fictional device designed to be installed on the kerb to puncture the tyres of cars that drive onto pavements, while remaining safe for other users. The project allowed us to address pavement parking on television and radio.

Does the new policy on pavement parking affect the UK as a whole?

No, the other UK nations have their own arrangements. Scotland already has a nationwide pavement parking ban, enforceable by councils from 11 December 2023. Wales has worked on policy and proposals, but it is not the same DfT England scheme. Northern Ireland is separate again. It already has some specific restrictions and has been developing its own approach through the Department for Infrastructure.

Is driving on the pavement illegal?

Yes. In England and Wales, section 72 of the Highway Act 1835 makes it an offence to “ride or drive” a vehicle on a footway. In Scotland, the equivalent offence is in the Roads (Scotland) Act 1984, section 129(5), which covers driving a vehicle on a footpath or cycle track.

How can it be illegal to drive on the pavement and yet legal to park on it?

The problem is that the two things are treated separately and by different enforcers. The “driving on the footway” offence is dealt with by police while routine parking enforcement is usually a civil matter. The police use discretion, and cases that are not dangerous, and not witnessed by them, are rarely pursued.

What is the penalty of pavement parking in the UK?

It depends where you are. In Scotland it’s a £100 penalty charge notice (reduced to £50 if paid within 14 days). In London, pavement parking is enforced with a parking penalty charge notice (contravention code 62: one or more wheels on the footway). The PCN is £160 in Band A boroughs, reduced to £80 if paid within 14 days. £140 in Band B boroughs, reduced to £70 if paid within 14 days. Band A boroughs are Barnet, Brent, Camden, City of London, Croydon, Ealing, Enfield, Greenwich, Hackney, Hammersmith and Fulham, Haringey, Hounslow, Islington, Kensington and Chelsea, Merton, Newham, Redbridge, Tower Hamlets, Waltham Forest, and Westminster.

Is the “Catclaw” a real thing?

Yes and no. We devised the Catclaw as a way of highlighting the inconvenience and danger caused by pavement parking. We built a working prototype to demonstrate the concept, but it is not a commercially available product. There’s more about the Catclaw here.

How can I report pavement parking?

Many councils have an online form for reporting illegal or obstructive parking. You can also report through FixMyStreet, which sends reports to the relevant council. If the pavement parking is putting pedestrians in immediate danger (for example by forcing them onto a busy road) call 999 as this is a police matter.

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