Parked in front of Driveway

iliko

Dear MSE-ers,

Here goes my story. I parked my car at here as seen on picture in front of limo
to drop my child to school.

Then was issue a Fixed Penalty Notice (see pics at http://imgur.com/a/6jzIC) by a community support officer who said I was blocking a driveway. It clearly was not a lowered part of the kerb hence I though it should not treated as a driveway because driving over the kerbs is an offense and the limousine should not drive over the not lowered part of the kerb.

I am wondering what are my chances on appeal? What is the the definition of "driveway" in the UK legislation?

Thanks all beforehand.

Browntoa

Specified enforcement powers for parking offences, of which parking on a dropped kerb over a driveway is one, have been transferred from the police to become a local authority responsibility throughout many counties in England and Wales. The responsibility varies from force to force and council to council.
If the vehicle is blocking access to your driveway then you should first make enquiries with the neighbours to see if they know who the car belongs to. If no one knows, then you should contact your local authority parking enforcement team in the first instance who will attend to the matter as soon as they are able.
If the responsibility for that particular locality remains with the police then the local authority will inform you so that you can contact your local force. Policy may vary from force to force and council to council; some may only attend if your car is blocked in and you cannot get out

https://www.askthe.police.uk/content/Q440.htm

Browntoa

Cause unnecessary obstruction by motor vehicle - Contrary to regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986, section 42 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988

Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction.

103. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction.

If you unnecessarily impede the normal passage of road users, you are likely to be prosecuted for one of the obstruction offences. The unnecessary impeding of someones right to use their private drive, especially one with dropped kerbs etc, will undoubtedly lead to a ticket for unnecessary obstruction if you refuse to move it or can't be found

Hot_Bring

To me the whole kerb looks like an access point to the driveways so I'd suggest the PCN has been correctly issued.

I'd also question why you thought that was a sensible and considerate place to park ?

iliko

Browntoa,

Thanks for your reply. The issue is where is the border of driveway and how we suppose to distinguish it? The property I parked against have got lowered part of the kerb which to me is driveway. But am I right? Is the non lowered part of the kerb is treated as driveway where as Wokinngham council document suggest driving over the kerbs is offence.

iliko

Hot_Bring wrote: »

To me the whole kerb looks like an access point to the driveways so I'd suggest the PCN has been correctly issued.

So you think the house owner can jump to road from top of the kerb?

[QUOTE=I'd_also_question_why_you_thought_that_was_a_sensible_and_considerate_place_to_park_?[/QUOTE]
This is public road and I am paying my taxes to drive and park on it. The other part of the road has got single yellow line whereas this one have not got any lines which suggests me it is fine to park for a short period.

Guys_Dad

Were you parked in front of the limo? It looks like you were.

Were you visiting the house where the limo was parked?

Legally, I don't suppose it makes a difference but if you were parked in front of the limo then, if the driver wanted to use the car, he would have had to find you to ask you to move. He shouldn't have to do that, should he?

If the house is yours or you were visiting, then that may help your appeal.

bod1467

Can the OP be modified please to replace the actual image with a link to it? As it stands it effectively breaks the forum by needing lots of horizontal scrolling ... and that's on a 1080p laptop screen never mind a mobile device!

iliko

bod1467 wrote: »

Can the OP be modified please to replace the actual image with a link to it? As it stands it effectively breaks the forum by needing lots of horizontal scrolling ... and that's on a 1080p laptop screen never mind a mobile device!

Fixed now, sorry for trouble.

iliko

Guys_Dad wrote: »

Were you parked in front of the limo? It looks like you were.

Were you visiting the house where the limo was parked?

Legally, I don't suppose it makes a difference but if you were parked in front of the limo then, if the driver wanted to use the car, he would have had to find you to ask you to move. He shouldn't have to do that, should he?

If the house is yours or you were visiting, then that may help your appeal.

I did park in front of limo and this is also a public road and not part of the limo owner's driveway in my understanding. Hence I am looking for definition of driveway. If the driveway="front of a house" then I did it wrong and happy to pay the penalty but if driveway= "length of the lowered part of the kerb in front of house" then the ticket is wrong. Is not it?

Nodding_Donkey

You parked in front of a drive. Pay the ticket. There is no kerb just a line of cobble stones that mark the driveway.