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using a public footpath as a road for cars .... shouldn't the council do something about this?

9 replies

cutekids · 31/07/2006 16:18

my mum's house has a bit of green and a public footpath straight in front of her. she's lived there for 36 years and it's always had its fair share of kids playing and people walking their dogs etc.However,just recently,people have been using this footpath as a road - a lazy way to get home for many of them - and it's really quite dangerous. God forbid, anyone should ever get hurt there but it only takes someone to step out of their front doorstep and not look and who knows what could happen? Anyway, she reported this to the council-after having to put up with verbal abuse from one of the offenders and they said they would refer the problem to the correct people etc. She rang up today to see if anything could be done and she was told there was nothing she could do about it and that she musn't bother the council with this problem again....!? Oh, and if she was still worried,contact the police!She did. This morning and they seemed quite concerned that the council had referred this problem on to them. Surely the council have an obligation to ensure the safety of pedestrians-children;old people etc.?

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gigglinggoblin · 31/07/2006 16:19

i would write to the local paper, see if the council continue to deny its their problem

Whizzz · 31/07/2006 16:20

I'm not sure of all the legalities - I think the council have a right to maintain the right of way but they wont have any powers (I don't think) to stop vehicles unless they chooose to put up bollards or the like. The police however do have powers to stop those who are driving dangerously

cutekids · 31/07/2006 16:20

That's what I said to my Mum but she reckons she'd get a brick through her window if one of the offenders were to recognize her.

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cutekids · 31/07/2006 16:25

so what she really needs to do is take the vehicle numbers and then report to the police? trouble is, she told the policeman this morning that she wouldn't do that as there were more than one offender now and she didn't want any repercussions. presumably, this is the only way she could get anything done though, isn't it?

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Whizzz · 31/07/2006 16:28

yes just googled this
What powers does a member of the public have to stop or question a motorist believed to be acting unlawfully on a highway, or off-road?

Only a constable or traffic officer has the power to stop a highway user; anyone else trying to do so puts themselves at risk, both physically and legally (for obstructing the highway). Questions may be asked by anyone, but there is no obligation for a motorist to respond, except in the case that an accident has occurred that is covered by section 170 of the Road Traffic Act 1988. In this case, all drivers involved should stop and give their name and address and also the name and address of the owner and the identification marks of the vehicleto anyone with reasonable grounds for so requiring such information. Away from public roads (i.e. ?off road?), a landowner or occupier can ask a driver to leave at once ? even if permission has previously been given. If the instruction is not followed, reasonable force can be used ? depending on the circumstances ? to remove the driver and vehicle from the land. Unless a reportable accident has occurred, there is no obligation to give names, addresses, etc. Although provisions contained in the Serious Organised Crime and Police Act 2005 will, once in force, change the position slightly, as a general principle, except in limited circumstances, only a constable has the power to arrest a person.

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I would try & get a group of people together to lobby the council & police to try & get some barriers put up

Whizzz · 31/07/2006 16:30

Check you local council website to see what it says about their duties to protect footpaths. I am sure that they have a duty to ensure they are safe for use (or something along those lines).

edam · 31/07/2006 16:35

I'd report this to her councillor - council officials may take it more seriously if an elected member raises it. All it takes is for them to put up a few bollards, fgs. And ask the police to send a patrol car down for a few nights running.

cutekids · 31/07/2006 16:40

Thanks everyone! now i've got something to go on! i'll tell her what i've just read on here and,hopefully,she'll contact our local councillor. (mind you, one of the councillors lives on the same estate and he couldn't give a toss!)

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cutekids · 31/07/2006 16:59

apparently,police have rang and are coming to chat to her sometime this week...even now,they've got the wrong information to what she gave them.they've referred to another part of the same estate where there has been alot of trouble! anyway,i'm sure my Mum will get her point across....!

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