In common law under the Highways Act 1980, the public have the right to pass and repass over the full width of the highway (includes roads, pavements and verges). There is no legal right to park on a road, verge or footway.
Waiting restrictions (shown by yellow lines) apply to the entire width of the public highway from the centre of the road to the boundary on the same side of the road. Therefore parking on a verge or pavement adjacent to a carriageway where a waiting restriction applies could result in a driver being issued a parking ticket even if their vehicle is not encroaching onto any waiting restriction road markings.
Where no waiting restrictions are present on the road, parking on a grass verge or pavement is not illegal. However, a driver may be open to prosecution if their vehicle is persistently damaging a verge, parked dangerously or causing an obstruction.
Under national legislation, goods vehicles weighing 7.5 tonnes or over are prohibited from parking on grass verges, and Civil Enforcement Officers can issue Penalty Charge Notices (PCNs) to offending vehicles.
From 1 April 2023, Hampshire County Council will take responsibility for on-street parking enforcement. This does not include council owned and managed car parks. Hampshire County Council will also be responsible for residents' parking permits, parking controls including yellow lines, disabled parking bay applications and access protection markings. More information at www.hants.gov.uk/transport/parking