Mis-sold house re parking

MEM62

Mis-sold house re parking

Mis-sold - probably the most frequently incorrectly used phrase on these forums. Mis-sold has a specific meaning in respect of certain financial products. You cannot be mis-sold a house.

davidmcn

martindow wrote: »

You are generally not allowed to park on pavements unless there is a dispensation that allows it in a particular street.

Only in Greater London. The other way round in the rest of the country (there are a few other London-specific oddities in the Road Traffic Regulation Act).

EachPenny

marliepanda wrote: »

No. You can only park on the pavement if it is permitted, not where it isn!!!8217;t expressly prohibited.

I agree it is not very often enforced, but that doesn!!!8217;t change it.

It is illegal to drive over the pavement unless to gain lawful access to a property, aka, a dropped kerb area. Highways Act, been in force since 1883!

davidmcn wrote: »

Only in Greater London. The other way round in the rest of the country (there are a few other London-specific oddities in the Road Traffic Regulation Act).

Strictly speaking you are only allowed to park on any part of the highway where the traffic authority has designated a parking place (a bay marked with white lines). Parking in any other location is technically an obstruction of the highway in common law, but enforcement and prosecution takes into account the nature of the obstruction - i.e. you are very unlikely to be prosecuted for obstruction when parked on the carriageway in a wide residential street. Conversely it would be difficult to defend parking obstructing the footway if it caused pedestrians to have to step out into a busy road in order to pass your vehicle.

The differences in London derive from London Local Acts, (e.g. GLC (General Powers) Act 1974, London Local Authorities Acts). However, some of the 'London' legislation was written into the Traffic Management Act 2004 (e.g. Section 86 - Prohibition of parking at dropped footways) so some of the London specific rules may now be encountered outside London. Just to complicate matters as much as possible.

marliepanda

davidmcn wrote: »

Only in Greater London. The other way round in the rest of the country (there are a few other London-specific oddities in the Road Traffic Regulation Act).

It reads: drivers must not park partially or wholly on the pavement in LONDON, and should not do so elsewhere unless signs permit it’

So it’s not ‘the other way around’ outside of London.

davidmcn

marliepanda wrote: »

It reads: drivers must not park partially or wholly on the pavement in LONDON, and should not do so elsewhere unless signs permit it!!!8217;

So it!!!8217;s not !!!8216;the other way around!!!8217; outside of London.

London - illegal unless signs say otherwise
Outside London - legal unless signs say otherwise (e.g. any parking restrictions apply to the whole half-width of the carriageway including the pavement, despite the popular myth that you can avoid double yellow lines by driving onto the pavement)

Note the difference between "must" and "should" in Highway Code interpretation i.e. "should" is merely advisory. It is still unlawful where e.g. it causes an obstruction.

david1951

marliepanda wrote: »

It is illegal to drive over the pavement unless to gain lawful access to a property, aka, a dropped kerb area. Highways Act, been in force since 1883!

Do you know what part of the Highways Act?

After a quick Google that sounds more like the Highway Code*, not the Act. Also, it doesn't mention a dropped kerb.

As to the Act, I can see provisions for vehicle crossings, and penalties for causing damage to the highway (e.g., a £20 fine), but nothing that says you can't cross a pavement to access your land. If anything, your reference says that you can cross a pavement to access your land:

Rule 145 (Highway code)

You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

EachPenny

david1951 wrote: »

Do you know what part of the Highways Act?

You need to go back to the 1835 Highways Act, not the 1980 one.

Section 72 is what you are looking for.

marliepanda

david1951 wrote: »

You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

Lawful access = using a dropped kerb.

EachPenny

marliepanda wrote: »

Lawful access = using a dropped kerb.

Not quite. 'Lawful access' in this sense means having a right in law to access property adjoining the highway.

Dropped kerb legislation (HA 1980 S184) is limited to allowing the Highway Authority to specify the method and conditions of crossing the footway or verge in certain circumstances. This might include the requirement to use a dropped crossing.

But it in general* is not unlawful to access adjoining property where no dropped kerb exists.

(*There are specific cases where it is unlawful, and again the situation in London is different to the general rule)

david1951

marliepanda wrote: »

Lawful access = using a dropped kerb.

Legal basis?

I agree with EachPenny - you aren't breaking any laws by not using a dropped kerb.

I'm happy to stand corrected, but unless there is legislation that specifies an offence is being commited, and a penalty associated with that offence, it isn't 'illegal'.

Would be interesting to know what the council letter actually says - OP?