Is it illegal to park on the pavement during a breakdown?

Recently, there have been petitions to ban pavement parking due to the danger that it can cause to pedestrians. UK citizens have been urging the government to enforce strict measures against illegal parking.

Key facts at a glance:

• UK citizens have petitioned the government to ban pavement parking nationwide

• In Scotland, drivers can be fined £100 for pavement parking (reduced to £50 if paid quickly)

• The ban also applies to double parking and parking over dropped kerbs

• In London, pavement parking is illegal unless signs state otherwise

• The Highway Code states out side of London, motorists “should not” park on pavements unless permitted

• Parking on the pavement is not automatically illegal elsewhere in the UK, but local council rules vary

• During a breakdown, drivers should leave room for pedestrians, call roadside assistance, and leave a note on the car

• Under the Highways Act 1835, it is an offence to drive over a pavement, unless to access a property or in emergencies

• Parking on grass verges isn’t always illegal but can lead to fines if damage or obstruction occurs

• Pedestrians can report pavement parking to their local authority

• The safest advice for motorists is to avoid parking on pavements wherever possible

After a petition has reached 10,000 signatures, the government is required to respond. In this case, a representative from the Department of Transportation commented:

What does this mean for drivers?

The government’s response shows that a full ban on pavement parking isn’t straightforward. While the debate continues, motorists still need clear guidance on how to park responsibly and legally.

Pavement parking best practices:

At Warrantywise, we understand that sometimes parking on the pavement feels unavoidable. That’s why we’ve put together this guide to help you understand best practice and reduce risks when pavement parking is necessary. [1] 

Tips for when parking on the pavement is unavoidable:

• Leave enough room for pedestrians

• Avoid blocking entrances and exits

• Check for local restrictions

• Park considerately on narrow streets

• Be mindful of vulnerable road users

Pavement parking remains a hot topic, and with petitions gaining government attention, future legislation could introduce changes. In the meantime, following these best practice tips will help you stay considerate, reduce risks, and keep our roads safer for everyone.

Scotland’s pavement parking ban:

From 11th December 2023, new parking rules came into effect in Scotland under the Transport (Scotland) Act 2019. [2]

• Parking on pavements, double parking, and parking over dropped kerbs is now banned

• Offenders can face a £100 fine (reduced to £50 if paid within 14 days)

• Local councils may grant certain exemptions, but the law’s goal is clear: protect vulnerable groups such as

• wheelchair users, visually impaired pedestrians, and parents with prams

A nationwide awareness campaign launched in November 2023 highlighted the dangers of pavement parking. Groups like Living Streets Scotland have pushed for strong enforcement to ensure safer, more accessible pavements.

Is pavement parking illegal in the rest of the UK?

• London: Pavement parking is illegal unless signs specifically allow it

• Elsewhere in the UK: The Highway Code says drivers “should not” park on pavements, meaning it is not automatically illegal everywhere – however local councils can enforce local bans

Even if pavement parking is technically allowed, it can still result in fines if it:

• Blocks access

• Causes an obstruction

• Is considered unsafe by police or enforcement officers

This means that legally, outside the capital, you have the right to park on the pavement if doing so doesn’t break any other driving laws. However, to avoid confusion and potential penalties, it’s best to avoid pavement parking altogether.

Pavement parking during a breakdown:

Breaking down on the road is stressful, and sometimes moving your vehicle partly onto the pavement may feel like the safest option. However, councils take this seriously:

• Brighton and Hove Council: Broken-down vehicles must be removed as soon as possible. A penalty charge notice (PCN) may be issued for each day the vehicle remains [3]

• Southwark Council: Drivers should avoid putting a broken-down car on pavements or disabled bays. They generally allow up to 24 hours for removal if recovery proof is provided [4]

Best practice if you breakdown on or near a pavement:

• Switch on your hazard lights

• Leave at least 1.5m of pavement space for pedestrians

• Call a breakdown service immediately

• Leave a note on the dashboard with your contact details

Second-hand car warranty with breakdown assistance can save you time, stress, and money. Warrantywise provide extended car warranties that help protect against unexpected failures, which can include breakdown, and when this is the case there is the added benefit of breakdown assistance and car hire [5]. 

Pavement parking FAQs:

Is there a pavement parking ban across the UK?

No. Scotland has introduced a ban, London already enforces one, and elsewhere councils can choose to impose restrictions.

Can you get fined for parking on the pavement?

Yes. Fines vary by council, but many issue PCNs if your car causes an obstruction or breaches local rules

Can you park on a grass verge?

Not always. While it’s not outright illegal, you can face prosecution if your car causes damage, obstruction, or danger. Many councils have restrictions in place.

What about residential areas?

The same rules apply: illegal in London, discouraged elsewhere. Councils outside London may issue fines if pavement parking blocks access or creates hazards.

Can you park on a dropped kerb?

No. Dropped kerbs are for driveways and pedestrian access, including wheelchair users and prams. Blocking them can result in fines and cause serious inconvenience.

Is it illegal to drive over a pavement?

Yes. Under section 72 of the Highways Act 1835, it is an offence to drive onto or over a pavement, even if you’re not intending to park. The only exceptions are:

• To gain lawful access to property (e.g. a driveway)

• In an emergency

Driving on pavements can endanger pedestrians, especially children, wheelchair users, and people with visual impairments. If you see someone doing this unlawfully, you can report it to your local council.

Breakdowns happen – we’re here to help:

Parking laws can feel complicated, especially when rules differ across regions. What doesn’t change is the need to protect pedestrians, avoid fines, and stay safe on the roads.

When it comes to unexpected breakdowns, a comprehensive car warranty with breakdown assistance can give you peace of mind. At Warrantywise, we take the stress out of motoring problems, so you can focus on staying safe.

Sources

[1] Major driving law changes being ‘carefully considered’ to crack down on parking issues (GB News) Accessed 31^st October 2023 

[2] Pavement parking ban Scotland Accessed 11th December 2023

[3] Brighton and Hove – Broken down vehicles Accessed 18th September 2025

[4] Southwark Council – Vehicle breakdowns Accessed 18th September 2025

[5] Subject to your Warranty Plan