Road Markings And Enforcement Q

[cassa333]

Hi,

I have been trying to find out who enforces praking in my area and am being pushed from pillar to post.

We have a new shared pedestrian and cycle way and according to section 21 of the rta 1988 it says the following

(((Subject to the provisions of this section, any person who, without lawful authority, drives or parks a [F1mechanically propelled] vehicle wholly or partly on a cycle track is guilty of an offence.)))

Because of other issues with parking and traffic the local beat bobby (PCSO) have said we need to contact highways and higways say parking enforcement and parking enforcement say police. None of them are willing to take responsibility for who does what so wondered if any of the good people on here would have any insights :)

I have been told that parking enforcement are shared between ehdc and local havant council but can't get any sence out of any of them :(

There are no lines or parking restrictions other than the shared path.

Thank you

[Buenchico]

Parking incorrectly was (and in some areas remains) a criminal offence, dealt with by the police (or traffic wardens and.or PCSOs working on behalf of the them).

However the Road Traffic Act 1991 gave councils the power to apply for the decriminalisation of routine parking offences within their areas, making the parking violations civil matters, dealt with by 'penalty charges' rather than 'fines. Where that has happened, the police no longer have anything to do with routine parking enforcement (although they can, of course, still prosecute drivers for criminal offences such as obstructing the public highway).

Your local councils have taken up the option to decriminalise parking violations, so the police are no longer involved. Control has passed to the Shared Parking Service, whose address is
Parking Office
PO Box 238
Havant
PO9 9EA
(Tel: [phone]).

If a vehicle is parked "with one or more wheels on any part of an urban road other than a carriageway" (e.g. on a footpath, cycle path or verge) a 'Code 62' Penalty Charge Notice can be issued:
http://www.newparkinglaws.co.uk/post/PCN-Contravention-Codes.aspx

If the path forms part of (or links into) the Hayling Billy Trail, it was probably partly-funded by the charity Sustrans. They welcome feedback about the routes they help to develop, and will look into any problems associated with their use:
http://www.sustrans.org.uk/

Chris

[ABerrant]

As per my previous reply, unfortunately 'Code 62' offences do not fall within the remit of HBC & EHDC Civil Enforcement powers.

http://www.theanswerbank.co.uk/find_content.php?type=3&content_id=7251384

http://www-old.havant.gov.uk/havant-12261

[ABerrant]

Having scanned through the PCN Codes, isn't this matter better served by 'Code 49' - Parked wholly or partly on a cycle track or lane - which definitely is an HBC & EHDC Civil Enforcement matter?

Shared use cycle ways must be legally designated as cycle tracks [upon which there is a continued right of way on foot] rather than designated footways or footpaths.

If the cycle track and footway are segregated, each width retains its legal status e.g. cyclists would commit an offence if they strayed onto the footway. It would then be pertinent as to whether the parked vehicle encroached onto the cycle track (Code 49) or footway (Code 62) or both.