Can I stop someone from parking on the kerb outside our house?

GentleGiant_2

Hi,

In our street in Essex, everyone parks on the kerbs (or those that do not have driveways) as it is quite narrow.

We would like to put in a drop kerb.

However we have a car that is always parked outside our house on the kerb. In fact we have not seen it move recently. It is taxed.

This will probably stop us from putting in a drop kerb unless they move it.

Problem is if we report the parking on the kerb about a dozen vehicles will get ticketed - not our idea of keeping friends with the neighbours!

Any suggestions? We have spoken to the owner, but that has not solved the problem.

27col

The fact that a car is taxed does not give the owner the right to park anywhere in particular. If you have a dropped kerb installed he won't be able to park there anyway. Tell him a dropped kerb is being installed and if he does not want his car to be damaged then he had better move it. I think that I am right in saying that you are not allowed to park where there is a dropped kerb.

Coupon-mad

How would reporting the car result in tickets, if the 'legitimate expectation' in that street is to park on the pavement? Is pavement parking even a contravention listed on the Council wenbsite (in London it is but in most towns & cities it isn't).

See what the Council say when you make your enquiries about getting a dropped kerb put in. Maybe part of the process will be Council signs saying 'no parking on xx/xx date outside number xx'. See what the Council say about this, tell them about the issue - it can't be the first time they have experienced this because otherwise, why would people be so keen to put in dropped kerbs so they can then park with less local problems?

When people get dropped kerbs put in round here, there are bollards and a sign not to park, put up the night before. Not sure if that will help you with that car being permanently there, but if you get a date for the works can you just tell the owner politely that the car 'will need moving before that date to avoid being moved by the Council'? Not sure the Council would move it as, from what you have said, I am guessing there are no restrictions and no bays but he/she probably won't know that.

GentleGiant_2

Coupon-mad wrote: »

How would reporting the car result in tickets, if the 'legitimate expectation' in that street is to park on the pavement? Is pavement parking even a contravention listed on the Council wenbsite (in London it is but in most towns & cities it isn't).

Thanks - only because if one car is breaking the rules and gets ticketed, then they will simply ticket all cars in the street.

Hmmm.... Just searched the council website and read that only police can take action for obstruction or driving on the pavement.

"Unless a vehicle is parked on a footway contravening a restriction such as a single or double yellow line, Civil Enforcement Officers (CEOs) cannot take any action."

Sounds like I am stuffed if the police do not wish to know.

Might ask for my fee back from the council for the dropped kerb!

Coupon-mad

Well that's what I expected it to say - I suspected this would not be a contravention, it isn't round my way either but it doesn't stop people getting dropped kerbs in a very busy road.

But that's why I wrote the rest of my post as I did - so ask the Council what the process will involve the day before the work and what happens if a vehicle is then in the way on the day. In the way of Council works which have been advertised with adequate warning could I think be a reason for them to get it moved (obstruction), never mind whether it's partly on the kerb or not.

GentleGiant_2

Thanks.

Mind you I also have to get skips onto my land - goodness knows how if he refuses to move.

Hopefully he will cooperate.