Parked in front of Driveway

ColliesCarer

Checking the council's plans for the address should help identify whether the area where the limo is parked was originally garden and has just been blocked paved to provide extra parking space. Would also identify whether any application was ever submitted to widen the vehicular access to the roadway to extend to the full width of the house.

But as others have said - the question is whether it's worth the time, effort and risks of a higher penalty if you fight this and lose.

kizkiz

The problem is not necessarily whether the kerb is dropped or not
If there was no car there, then you could park away, but you cannot block a car in, dropped kerb or no dropped kerb

AoD

kizkiz wrote: »

The problem is not necessarily whether the kerb is dropped or not
If there was no car there, then you could park away, but you cannot block a car in, dropped kerb or no dropped kerb

Councils can...

http://www.dailymail.co.uk/news/article-524838/Cars-trapped-illegal-driveways-council-fits-bollards-middle-night.html

halibut2209

That was 2008. Not sure if things have changed since then

esmerobbo

I think the dropped kerb is irrelevant, the FPN is for unnecessary obstruction, the PCSO put down the reason they believed an obstruction was caused. You can be done for obstruction even if parked legally.
It is the PCSO's opinion that the OP's car was causing an unnecessary obstruction, the only place to argue the case is at court.

iliko

keith1950 wrote: »

Whatever the rights and wrongs of the dropped kerb issue, only an inconsiderate person would consider blocking someone's car in !!

That limo did not move from its place in last 3 years.

I only parked there for 10 minutes. So wonder if I can use 20 minutes exception described in Traffic Act 2004, Chapter 18, part 6 (http://www.legislation.gov.uk/ukpga/2004/18/part/6)

"86 Prohibition of parking at dropped footways etc.
....
.....
......
(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes"

Coupon-mad

You can't park for 20 minutes unless loading/unloading and should not block a dropped kerb. Also you've said this was a Fixed Penalty Notice from a PCSO, not the local authority so presumably it's for 'obstruction' because most other contraventions are normally the remit of the Council. Having said that - it looks like it was written out by a 12 year old so I would pop down the cop shop and ask if it's legitimate as ...how can you put it...the writing looks a bit amateurish and you thought PCSOs could only issue FPNs for certain reasons like parking on zigzags outside schools, not 'parked in front of driveway'.

And ask whether this is an area where the parking has been transferred to the Council, if so why did the PCSO issue a FPN re a driveway (civil matter = a Council issue)?

http://www.thamesvalley.police.uk/faq-answer?id=Q440

''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.''

iliko

Coupon-mad wrote: »

You can't park for 20 minutes unless loading/unloading and should not block a dropped kerb. Also you've said this was a Fixed Penalty Notice from a PCSO, not the local authority so presumably it's for 'obstruction' because most other contraventions are normally the remit of the Council. Having said that - it looks like it was written out by a 12 year old so I would pop down the cop shop and ask if it's legitimate as ...how can you put it...the writing looks a bit amateurish and you thought PCSOs could only issue FPNs for certain reasons like parking on zigzags outside schools, not 'parked in front of driveway'.

And ask whether this is an area where the parking has been transferred to the Council, if so why did the PCSO issue a FPN re a driveway (civil matter = a Council issue)?

http://www.thamesvalley.police.uk/faq-answer?id=Q440

''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.''

Thanks for good advice. I have been at police station and the Pass wasn't there. He will contact me today and I will ask him.

iliko

esmerobbo wrote: »

I think the dropped kerb is irrelevant, the FPN is for unnecessary obstruction

It doesn't say so on the notice paper.

Browntoa

as someone who lives near 2 schools and has had someone park across my drive while I am standing there and refuse to move until I threatened to drive into their car as I drove out of the drive (dropped kerb in my case) I can understand the residents frustration

your case may be a grey area but there are 2 sides to this .....