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#Post#: 62445--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: mkdon
Date: March 13, 2025, 11:37 pm
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Ps does anyone know any legitimate reasons if and when someone
can park/stop on pavement?
#Post#: 62456--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: Dave Green
Date: March 14, 2025, 5:06 am
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--- Quote from: mkdon link ---
>
> Ps does anyone know any legitimate reasons if and when someone
can park/stop on pavement?
>
--- End Quote ---
--- Quote ---
> Save as provided in subsections (3), (4), (7) and (11), any
person who causes or permits any vehicle to be parked in Greater
London with one or more wheels [F2on or over any part of a road]
other than a carriageway [F3, or on or over a footpath,] shall
be guilty of an offence
--- End Quote ---
You can find the relevant exemptions here:
HTML https://www.legislation.gov.uk/ukla/1974/24/section/15
#Post#: 62458--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: mkdon
Date: March 14, 2025, 5:17 am
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--- Quote from: Dave Green link ---
>
> [quote author=mkdon link=topic=5524.msg62445#msg62445
date=1741927026]
> Ps does anyone know any legitimate reasons if and when someone
can park/stop on pavement?
>
--- End Quote ---
--- Quote ---
> Save as provided in subsections (3), (4), (7) and (11), any
person who causes or permits any vehicle to be parked in Greater
London with one or more wheels [F2on or over any part of a road]
other than a carriageway [F3, or on or over a footpath,] shall
be guilty of an offence
--- End Quote ---
You can find the relevant exemptions here:
HTML https://www.legislation.gov.uk/ukla/1974/24/section/15
[/quote]
thanks for that, it says on the site you wont be penalised if
"the vehicle was not left unattended at any time while it was so
parked; or". As my wife was also in the car and had the keys
plus i was only metres away and had constant view of the car,
will this be sufficient? had there been a need to move either of
us would have been able to move the car in matter of seconds
#Post#: 62461--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: john_s_wf
Date: March 14, 2025, 5:34 am
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Did you satisfy all corresponding parts of 3c or 3d?
Also, I have to ask, if your wife was in the car & you had a
blue badge, why didn't you just legally park in the road or one
of the many parking spots or blue badge spots within a few tens
of metres?
Those of us who walk to these shops and have children who walk
along here hate all of the pavement parking.
#Post#: 62464--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: mkdon
Date: March 14, 2025, 5:52 am
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honestly? because i didnt know it was illegal to park there. id
been doing it for years as have 100s of others. even yesteday
and this morning cars were parked there. plus i was literally
only out the car for 2mins, the road is a bus main road and if
parked on the double yellows then it would cause traffic as 1
lane would be blocked
#Post#: 62466--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: H C Andersen
Date: March 14, 2025, 6:08 am
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Sorry to cut to the chase, but will you pl get away from
exemptions to 'footway parking', they're irrelevant in this
case. That offence is statutory and doesn't require any signs, a
driver is presumed to know as a condition of holding a licence.
The allegation here is that you committed an offence under s137
HA.
137 Penalty for wilful obstruction.
(1)If a person, without lawful authority or excuse, in any way
wilfully obstructs the free passage along a highway he is guilty
of an offence and liable to [F1imprisonment for a term not
exceeding 51 weeks or] a fine [F2or both].
Local authorities are able to deal with this under Deregulation
Powers i.e. FPN, but the offence remains the same. So IMO the
question is: who is liable?
And IMO it's only the 'person[who] without lawful
authority....obstructs free passage..'.
IMO, don't argue the toss about what is a subjective matter, why
are YOU being deemed liable? The events happened 5 months ago.
Assuming that this is absolutely the first you've heard of this
matter, I'd go back to the named person and:
Refer to their letter;
Say you've looked up the relevant section and ask why the
council think you caused or permitted the car to be parked in
this way. The events took place over 5 months ago and this is
the first you've heard of the matter. You cannot be expected to
know who was driving at that time on that day (does your wife
drive the car) any more than the council does. In addition, even
the events as set out seem conflicting because the location
looks like if it's situated in *** Road whereas .......
You'd like clarification.
And stop* parking there unless you want to risk a PCN for
footway parking.
*- you or anyone else driving your vehicle because footway
parking is keeper liability, not 'person' (driver) as in HA.
Are you the registered keeper of the vehicle.
#Post#: 62469--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: mkdon
Date: March 14, 2025, 6:17 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Sorry to cut to the chase, but will you pl get away from
exemptions to 'footway parking', they're irrelevant in this
case. That offence is statutory and doesn't require any signs, a
driver is presumed to know as a condition of holding a licence.
>
> The allegation here is that you committed an offence under
s137 HA.
>
> 137 Penalty for wilful obstruction.
> (1)If a person, without lawful authority or excuse, in any way
wilfully obstructs the free passage along a highway he is guilty
of an offence and liable to [F1imprisonment for a term not
exceeding 51 weeks or] a fine [F2or both].
>
> Local authorities are able to deal with this under
Deregulation Powers i.e. FPN, but the offence remains the same.
So IMO the question is: who is liable?
>
> And IMO it's only the 'person[who] without lawful
authority....obstructs free passage..'.
>
> IMO, don't argue the toss about what is a subjective matter,
why are YOU being deemed liable? The events happened 5 months
ago.
>
> Assuming that this is absolutely the first you've heard of
this matter, I'd go back to the named person and:
>
> Refer to their letter;
> Say you've looked up the relevant section and ask why the
council think you caused or permitted the car to be parked in
this way. The events took place over 5 months ago and this is
the first you've heard of the matter. You cannot be expected to
know who was driving at that time on that day (does your wife
drive the car) any more than the council does. In addition, even
the events as set out seem conflicting because the location
looks like if it's situated in *** Road whereas .......
>
> You'd like clarification.
>
> And stop* parking there unless you want to risk a PCN for
footway parking.
>
>
> *- you or anyone else driving your vehicle because footway
parking is keeper liability, not 'person' (driver) as in HA.
>
> Are you the registered keeper of the vehicle.
>
--- End Quote ---
hi yes i am the registered driver and my wife drives it too.
#Post#: 62472--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: ManxTom
Date: March 14, 2025, 6:33 am
---------------------------------------------------------
--- Quote from: mkdon link ---
>
> Hi
>
> Below is the link
>
>
HTML https://maps.app.goo.gl/r3ogYVYkX5efyeia6
>
> I dnt get it. Every day all day people are stopping there. In
past week or so they've harder yellow blips on curb but that
will only mean no parking on curb/road no?
>
--- End Quote ---
Apologies if you have already answered this, but where exactly
were you parked?
Was it outside Hot wings, or Billet Fish bar, or B's Barber, or
where?
Which side of the road were you on?
Were you parked on the pavement?
The photo from the council seems to show zig-zag lines for a
pedestrian crossing which suggest you were parked on the
pavement right at the junction with Guildsway.
#Post#: 62475--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: mkdon
Date: March 14, 2025, 6:41 am
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I was between hot wings and nimika best food and wines
#Post#: 62481--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: john_s_wf
Date: March 14, 2025, 7:11 am
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From the council photo between where the old single yellow and
white zigzag line was (if this helps)
[attachment deleted by admin]
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