Drivers could get £100 fine depending on where you position your car when parking

Drivers have been urged to be mindful of where they park their car as they could get a surprise £100 fine. Parking on the pavement could land you a fine or your vehicle could even be towed away. Yet the rules around the practice are unclear and can vary depending on which part of the UK you are in.

Rachel Mason, solicitor in the crime and regulatory team at Slater Heelis Solicitors, warned that drivers should be careful given the regulations can vary. She said: "The rules regarding pavement parking are unclear and fragmented.

"They vary between London and other areas of England, understandably leading to confusion amongst motorists. Under the Greater London (General Powers) Act 1974, it is illegal to park on the pavement in London unless signs specifically state that you can."

She said that penalties for breaking this law include fines or your vehicle being towed away. Pavement parking is also generally banned in Scotland. But there is no such blanket ban for the rest of England outside London.

Ms Mason explained: "Local authorities can make a Traffic Regulation Order (TRO) to prohibit parking on the pavement which, if in force, would require clear signage or markings to indicate where parking is prohibited. Where vehicles are parked in contravention with a TRO, drivers could receive a penalty charge notice."

She said one case where you could get a fixed penalty notice for pavement is if you park in what is deemed to be a dangerous position. Ms Mason said: "This may include instances of pavement parking where pedestrians are forced to walk on the road.

"If a police officer considers a vehicle to be parked in a dangerous position causing an ‘unnecessary obstruction’, they can issue a fixed penalty of 3 penalty points and a £100 fine under section 22 of the Road Traffic Act 1988."

There was recently a debate in Parliament about the restrictions on pavement parking and whether they should be expanded. Liberal Democrat MP Helen Maguire said it's a common problem in her consituency of Epsom and Ewell, and said that councils should be given more powers to clamp down on the practice.

Ms Mason said: "The Government consulted on the issue in 2020 with no real resolution and it remains unclear. We may see the Government re-visit the issue and introduce a clearer framework for local authorities to enforce."

The solicitor urged motorists to be careful when choosing where they park. She said: "Motorists should stay informed about changes to local legislation and pay close attention to parking signs.

"Wherever they park, drivers have a responsibility to ensure pavements remain accessible - leaving enough space for pedestrians, wheelchair users, and those with pushchairs to pass safely. Pavements must never be fully obstructed."