parking ticket for parking across my own drive

terriandaaron

Can somene help me with advice please, today it was pouring with rain and my son is ill,we had a docs appointment for him and i had to run back into the house to change the baby who had been sick, while i was in the house (10 mins max) i got a ticket, my car was parked across my own drive(i couldnt be bothered to park properly knowing i was going out agin soon, and my drive is tight to park on so didnt seem worth it~ i often do this!)
Can they do this?? my son is disabled and gets high rate mobility etc, i cant believe it, what do i do next, its £100!

peter_the_piper

Assuming there are no yellow lines, is the pcn for parking over a dropped kerb?
Photo the pcn and host it on tinypic. copy the url and paste into here then put a gap between the http:// and the writing.

DaveF327

Was the ticket issued under the Traffic Management Act 2004 for a "special enforcement area"? If so, I may have a defence for you.

If there were other parking restrictions such as yellow lines, red route etc. then I can't help other than advise you to post the PCN so that other posters here can pick holes in it.

terriandaaron

yes for parking on my own drop kerb!

DaveF327

terriandaaron wrote: »

yes for parking on my own drop kerb!

Okaaaay, well still no photo of PCN, but assuming that's all you're charged with, here goes:

Traffic_Management_Act_2004 wrote:

86 Prohibition of parking at dropped footways etc.
(1) In a special enforcement area a vehicle must not be parked on the carriageway
adjacent to a footway, cycle track or verge where—
(a) the footway, cycle track or verge has been lowered to meet the level of
the carriageway for the purpose of—
(i) assisting pedestrians crossing the carriageway,
(ii) assisting cyclists entering or leaving the carriageway, or
(iii) assisting vehicles entering or leaving the carriageway across the
footway, cycle track or verge; or
(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been
raised to meet the level of the footway, cycle track or verge.
This is subject to the following exceptions.

(2) The first exception is where the vehicle is parked wholly within a designated
parking place or any other part of the carriageway where parking is specifically
authorised.
A “designated parking place” means a parking place designated by order
under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

(3) The second exception is where the vehicle is parked outside residential
premises by or with the consent (but not consent given for reward) of the
occupier of the premises.
This exception does not apply in the case of a shared driveway.

There are other exceptions which I won't include as they are irrelevant to your case, but note the blue underlined text in particular. You are the occupier of the premises, right? You gave consent for the driver of the vehicle to park there, right? As long as it's not a shared driveway, then no contravention has been committed.

Wait for the Notice to Owner to arrive in the post, then simply tick the little box that usually says "no contravention took place" or similar and quote section 86(3) of the Traffic Management Act with a statement of consent from you (the occupier of the premises) to yourself (the driver of the vehicle). If you're concerned about making a statement to yourself, ask your OH to make it instead, assuming they're a joint occupier of the same premises.

Good luck!

(do still post the ticket, though)

P.S. I also need to check whether your area is a special enforcement area. Which council issued the ticket?

Coblcris

DaveF327 is correct. Is it a a shared drive ?

richp999

Hi,

We have a similar problem at our house, I am wondering if anyone can answer this question for us, and point me to the particular area of law/act that concearns it.
We have a garage, with a short driveway, (about enough for 1 1/2 cars) and then a dropped kerb leading to to the road.
I understand from the previous post that I can park in front of the dropped kerb with my own permission. So thats fine.
But can I park with my front 2 wheels on my drive, and the back 2 on the road, with my car spanning the pathway ?
Is it illegal to block the pathway with my car over it ? I know this is the case normally, but does the fact that it is a dropped kerb change this ?

Thanks for any help...

Neil_B

richp999 wrote: »

But can I park with my front 2 wheels on my drive, and the back 2 on the road, with my car spanning the pathway ?
Is it illegal to block the pathway with my car over it ? I know this is the case normally,

Apart from interrupting someone else's case

---

this has got to be a wind-up!!.

Is that a serious question?

Yeah mate, it's fine. You can park in school playgrounds too. Also on top of other peoples' cars, bicycles, prams or anyone you run over in the process of parking.

---

--and to OP -- I also agree with 'Dave'. Personally I would make an informal appeal first to try and cut the process short rather than waiting for the NtO.
You have done nothing wrong and they should not normally enforce without a complaint from the resident (you). Query the training of the CEO responsible -- always rattles them.

richp999

Neil B,

Yes it is a serious question.

And for interrupting someone else's case it doesnt interrupt , merley adds another question which is entirley relevant.

If you knew the layout of the problem you whould know it isnt quite as clear cut as you think, and hence isnt such a simple answer. The area of pavement is not in the middle of a throughfare, it is not used by anyone other than the resident

I was asking for some advice ont he legallitys of droped kerbs.

You take a quite hostil approach in your reply, suggesting that it is a 'stupid' question.

However an earlier posts suggests I am quite within my rights to park in front of my own dropped kerb, but not actually on it. I see this as a 'stupid' situation.

I think you should reply to posts when you have something relevant and intelligent to say, which you are quite clearly struggling with.
But then you are described as a 'Serious MoneySaving Fan' which really says it all, doesnt it?

peter_the_piper

Rich999. In answer to your "question" about parking over a footway and blocking it. Apart from the daftness of it, a dropped kerb is there to allow you Access over it to your own drive/parking space. As in most places, parking with 1, 2, 3 or 4 wheels on the footway will get you a ticket,. Even if the tail end of your car protudes and blocks pedestrians you will get one and probably rightly. There are two different points here, one of access and your one of parking, its just common sense really.
Regarding Neils reply to the posts, he has helped many posters with genuine questions, I can understand his being "hostile" to what he (and others) would see as a pointless and non helpful post.

oldone_2

peter_the_piper wrote: »

Rich999. In answer to your "question" about parking over a footway and blocking it. Apart from the daftness of it, a dropped kerb is there to allow you Access over it to your own drive/parking space. As in most places, parking with 1, 2, 3 or 4 wheels on the footway will get you a ticket,. Even if the tail end of your car protudes and blocks pedestrians you will get one and probably rightly. There are two different points here, one of access and your one of parking, its just common sense really.
Regarding Neils reply to the posts, he has helped many posters with genuine questions, I can understand his being "hostile" to what he (and others) would see as a pointless and non helpful post.

I agree with this. If you block the footpath how will blind people, disabled people in wheel chairs and mothers with prams get past your car without stepping into the road.
As a general rule of thumb, pathways are for pedestrians, and roads are for cars. It is arranged this way to avoid people getting hurt.