Pavement Parking

1st reading
Wednesday 29th January 2025 Commons Chamber

Motion for leave to bring in a Bill (Standing Order No. 23)

13:56

[Marsha De Cordova (Battersea) (Lab)]

I beg to move,

That leave be given to bring in a Bill to amend the law relating to parking on verges and footways in England outside of Greater London and in Wales.

The Bill would give local authorities power to enforce against anti-social and hazardous pavement parking, and associated powers to enforce against obstructive parking of rental micromobility devices, including e-scooters and e-bikes.

Across much of the country, cars blocking pavements are one of the most common problems faced by pedestrians. Pavement parking can be especially dangerous for wheelchair users and those using other mobility devices, people with pushchairs and young children, and people with sight loss, like me, who can be forced into the road with traffic that they cannot see. Helen, a guide dog owner, described the impact of pavement parking when she came to Parliament to speak on the issue at the end of last year:

“My life hinges on my ability to trust in the safety of my surroundings, but when pavement parking obstructs the path, it robs me of my independence, confidence, and my trust in the world around me. Each time my trusted path is blocked, I lose a little more of my autonomy.”

Helen is not alone. According to research conducted by the charity Guide Dogs, four out of five blind or partially sighted people said that pavement parking made it difficult to walk on the pavement at least once a week, and nearly 95% of people living with sight loss have been forced to walk in the road owing to vehicles parked on pavements. That number rose to 99% for wheelchair or mobility scooter users.

As well as causing an obstruction, cars parked on pavements damage the surface, creating trip hazards, and one in five people with sight loss said they had been injured as a result. However, it does not have to be this way. In London, a law prohibiting pavement parking has been in place since 1974. Progress has also been made in Scotland, where the Transport (Scotland) Act 2019 enabled local councils to enforce against pavement parking. So while progress has been made in some parts of the country, in many others pavement parking continues.

My constituent Kimberley spoke of the contrast when travelling outside London:

“I don’t encounter much pavement parking in London… But when I visit family elsewhere it is a different story. People park everywhere, and don’t leave enough space for me, my guide dog and my young son to pass. It means we have to step out into busy roads…I have to concentrate to make sure none of us gets run over.”

While we should commend the progress made on pavement parking in London, increasingly we are seeing abandoned rental e-scooters and e-bikes obstructing pavements. That remains a problem in my constituency. This Bill would increase the power of local authorities to introduce penalties for operators and riders of e-bikes and e-scooters left on pavements. It would replicate the existing offence of parking heavy goods vehicles on pavements or kerbs, and extend it to all motor vehicles. Civil enforcement officers could actually enforce that.

Although it has long been a specific offence to drive on pavements outside London and Scotland, it is not a specific offence to park on pavements in most circumstances. That is reflected in highway code rule 244, which states:

“You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it.”

Civil traffic enforcement is possible in some limited cases, such as for parking over dropped kerbs or adjacent to double yellow lines, but in most cases local traffic wardens do not actually have powers to act. Councils can use traffic regulation orders or install physical barriers to prevent pavement parking, but TROs are not designed to be used to cover wide areas and require considerable signage and street markings, making their widespread use expensive.

In some cases, cars blocking pavements can be considered an obstruction under the Highways Act 1980. However, as this is a criminal offence, it can be enforced only by police. Given the lack of a clear definition of what constitutes an obstruction, and the lack of police resources, relying on police enforcement has not proven effective. There is a clear need for a law that brings the rest of England in line with London and Scotland. Councils need to be empowered to take action, as they know their areas best. This Bill would give them the flexibility to create limited exemptions in response to consultation with their local communities.

A change in the law has widespread support, including from over 65% of the public and 74% of councillors in England. Sustrans, Guide Dogs, Living Streets, Transport for All, the Royal National Institute of Blind People and the Thomas Pocklington Trust all support a new law. This morning, I was delighted to join a group of campaigners in supporting an open letter, signed by almost 20,000 people, that urges party leaders to support a change in the law.

This is not a new debate; indeed, the measures introduced in London in 1974 were originally intended to apply to the rest of the country. In 2020, the then Conservative Government consulted on tackling pavement parking. That consultation considered a range of options, but today marks 1,530 days since it closed. Indeed, on 8 February last year, I called on the then Government to get on and publish their response.

I welcome the Roads Minister’s commitment that this Government are looking at all options and will come forward with a response to the consultation in due course, and I look forward to working with her on that. I understand that she is due to meet some of the charities and groups campaigning on this issue, and I know that they hope to speak to her before any final decisions are made. I also welcome the references to pavement parking in the White Paper on the English devolution Bill, and the consideration of licensing for micro-mobility devices. However, there needs to be an explicit commitment, and a clear timetable, to address these problems.

The Government are rightly committed to delivering record investment in infrastructure and transport projects, but it is important that we get the fundamentals right and make sure that our streets are safe for everyone. Pavement parking prevents many people from living their lives, working, socialising, taking their children to school or getting to a vital appointment, and that has to change. We have clear evidence that laws like this can and do work, and I urge the House to support this Bill.

Question put and agreed to.

Ordered,

That Marsha De Cordova, Kate Osamor, Steve Darling, Jim Shannon, Daniel Francis, Shockat Adam, Martin Vickers, Dr Scott Arthur, Jen Craft, Florence Eshalomi, Rosie Duffield and Dr Rosena Allin-Khan present the Bill.

Marsha De Cordova accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 16 May, and to be printed (Bill 170).