Dropped kerb parking

dave862

Hi there, i am new to this forum and hope my issue can be helpfully resolved one way or another.
Today i have recieved a parking ticket outside my own house where there are double yellow lines. i was not parked on the double yellow lines but on the dropped kerb area between my driveway and the road. Between my drive way and the dropped kerb area there is a pavement (on which i was in no way parked). I do not live in an area where there are parking restrictions such as 'residents only' or specific times. I spoke to the Warden and said i am not parked on the double yellows and he said he knew and that he was fining me for parking on the dropped kerb and therefore causing an obstruction to the driveway. I told him it was my driveway and so causing no obstruction. He proceeded to give me the fine anyway. I could understand his position if i was parked on the double yellows or on the actual pavement, but i was on neither, just the access area between the pavement and the road, access to MY drive i'll reiterate. The Ticket itself states "contravention code 01 - parked in a restricted street during prescribed hours" which makes no mention of dropped kerb or any other obstruction. The £35 fine is not the problem here, simply the fact that i have parked in this area for many months with no problems and would like to continue parking here as i believe it causes no obstruction to anyone but myself. I will be appealing the ticket but any advice would be greatly appreciated.
Many thanks, dave

notanewuser

dave862 wrote: »

Hi there, i am new to this forum and hope my issue can be helpfully resolved one way or another.
Today i have recieved a parking ticket outside my own house where there are double yellow lines. i was not parked on the double yellow lines but on the dropped kerb area between my driveway and the road. Between my drive way and the dropped kerb area there is a pavement (on which i was in no way parked). I do not live in an area where there are parking restrictions such as 'residents only' or specific times. I spoke to the Warden and said i am not parked on the double yellows and he said he knew and that he was fining me for parking on the dropped kerb and therefore causing an obstruction to the driveway. I told him it was my driveway and so causing no obstruction. He proceeded to give me the fine anyway. I could understand his position if i was parked on the double yellows or on the actual pavement, but i was on neither, just the access area between the pavement and the road, access to MY drive i'll reiterate. The Ticket itself states "contravention code 01 - parked in a restricted street during prescribed hours" which makes no mention of dropped kerb or any other obstruction. The £35 fine is not the problem here, simply the fact that i have parked in this area for many months with no problems and would like to continue parking here as i believe it causes no obstruction to anyone but myself. I will be appealing the ticket but any advice would be greatly appreciated.
Many thanks, dave

Why can't you just park on your drive?

Stroma

dave862 wrote: »

Hi there, i am new to this forum and hope my issue can be helpfully resolved one way or another.
Today i have recieved a parking ticket outside my own house where there are double yellow lines. i was not parked on the double yellow lines but on the dropped kerb area between my driveway and the road. Between my drive way and the dropped kerb area there is a pavement (on which i was in no way parked). I do not live in an area where there are parking restrictions such as 'residents only' or specific times. I spoke to the Warden and said i am not parked on the double yellows and he said he knew and that he was fining me for parking on the dropped kerb and therefore causing an obstruction to the driveway. I told him it was my driveway and so causing no obstruction. He proceeded to give me the fine anyway. I could understand his position if i was parked on the double yellows or on the actual pavement, but i was on neither, just the access area between the pavement and the road, access to MY drive i'll reiterate. The Ticket itself states "contravention code 01 - parked in a restricted street during prescribed hours" which makes no mention of dropped kerb or any other obstruction. The £35 fine is not the problem here, simply the fact that i have parked in this area for many months with no problems and would like to continue parking here as i believe it causes no obstruction to anyone but myself. I will be appealing the ticket but any advice would be greatly appreciated.
Many thanks, dave

I would advise posting on https://www.pepipoo.com council's forum for this, the reason why is two fold, they are the experts on council tickets, and as you can see sometimes you get less than helpful advice on here.

You need to post up both sides of your PCN on the forum for them to help you, just scrub the copied images of all personal details. Read the FAQ on there on how to do that.

dave862

Our other car is on the driveway. I'll have a look at the other site suggested, cheers

notanewuser

The dropped kerb may be there for access to your driveway, but its no doubt something that's useful to wheelchair and pushchair users too. I suspect it's an "absolute" offence, so you'll only get off if there's something wrong with the PCN.

Round here they leave the dropped kerbs free, but park with all 4 wheels on the pavement!!! :mad:

paulsad

I suppose he was being a jobsworth but only when he found out it was your house - he could have let you off with a warning (unless ticket was already issued -dunno the score on that).
BUT What if it hadn't have been your car ? I lived on a residents only road not too long ago - people were always illegally parking - sometimes right across my drive - I once sat on the wall and waited an hour for a stupid women to come back to her car so I could get out of my own drive. Living there I actually didn't mind seeing the local council parking "police" ticketing the non-resident parkers - some of whom could be just as bolchy and rude if you pointed out they may get a £60 fine. I wouldn't mind but there was loads of free legal places to park just down the road.

Coupon-mad

'' i am not parked on the double yellows and he said he knew and that he was fining me for parking on the dropped kerb ''

But '01 Restricted Street during prescribed hours' is for double yellows. Not a dropped kerb contravention.

Post here:

http://forums.pepipoo.com/index.php?showforum=30

Show a pic of both sides of the PCN please and a pic of the driveway/kerb area. Do the double yellows actually stop or do they run along unbroken including past your driveway?

paddedjohn

Blocking the dropped kerb is not an offence as long as it is across your own driveway but the yellow lines are enforcable right up to your boundary wall.

dave862

paddedjohn wrote: »

Blocking the dropped kerb is not an offence as long as it is across your own driveway but the yellow lines are enforcable right up to your boundary wall.

Ive done a bit of digging and discovered the following. Under the Traffic management act 2004 section 86 regarding the prohibition of parking at dropped footways it states that in a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where it assists vehicles entering or leaving the carriageway across a footway, cycle track or verge BUT this is subject to the following EXCEPTIONS - the second exception is where the vehicle is parked outside residential premises by or with consent of the occupier of the premises.
The warden himself said he was not fining me for parking on the double yellows (which i was close to but not on nor overhanging) but for parking on the dropped kerb access to the property, my property i informed him. Ive filled in the online appeal form of my local council because it seems pretty black and white to me. In response to a previous comment, it seems to me that if a car had been parked there that wasnt mine, nor had my permission to park in that exact spot then they WOULD be liable to a parking fine, it is the simple fact that it is MY access to my property it all lands on the fact that i have my own permission to park in this spot. I just hope the local council see it that way too. after all thats what their rules are telling me.

paddedjohn

But even parking on the run up to your drive means you should get a ticket for parking on double yellows or parking on the pavement

Coupon-mad

dave862 wrote: »

Ive done a bit of digging and discovered the following. Under the Traffic management act 2004 section 86 regarding the prohibition of parking at dropped footways it states that in a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where it assists vehicles entering or leaving the carriageway across a footway, cycle track or verge BUT this is subject to the following EXCEPTIONS - the second exception is where the vehicle is parked outside residential premises by or with consent of the occupier of the premises.
The warden himself said he was not fining me for parking on the double yellows (which i was close to but not on nor overhanging) but for parking on the dropped kerb access to the property, my property i informed him. Ive filled in the online appeal form of my local council because it seems pretty black and white to me. In response to a previous comment, it seems to me that if a car had been parked there that wasnt mine, nor had my permission to park in that exact spot then they WOULD be liable to a parking fine, it is the simple fact that it is MY access to my property it all lands on the fact that i have my own permission to park in this spot. I just hope the local council see it that way too. after all thats what their rules are telling me.

But your ticket is NOT for parking on a dropped kerb, as already pointed out. Don't fire off a worthless appeal about 'dropped kerbs' without getting pepipoo help.