Mis-sold house re parking

Ozzuk

I thought its not as simple as a dropped kerb - the pavement and what is under the pavement needs to be assessed for risk of damage. I.e. is the pavement up to the job of a car passing regularly, are there any drainage issues, are there any services under the ground that could be damaged. sometimes dropped kerb work also involves replacement of the pavement.

In terms of what the council can do about it, I've seen forum threads/pictures where bollards are put on the pavement to prevent access/parking - even lamposts installed.

TBagpuss

Globesquirrel wrote: »

Hi there

We bought our house around 1.5 years ago now on the basis that it had a driveway with space for 2 cars. We have had a letter from the council to say that we are illegally parking our cars on the drive as we are crossing the pavement and we have to apply for the drop kerb, only we can't because after we measured the drive, its too short by a couple of inches and will be refused by the council.

The EA brochure states it has "parking" and having re-read our survey, this states "off street parking for 2 cars "

This was our first house purchase so we were relying on the solicitors to pick this up and we did have an additional mid range building survey done.

Does anyone know if we would have a claim here? We're at a loss as to who to speak to regarding this as it seems wrong to be selling a house with an unusable driveway!

Many thanks

No, you don't have a claim.

The solicitors would not have picked this up - they would not have sen the house, If you raised a specific question bout it and asked them to look into it they could have done so, but otherwise, it's not something they would do or be expected to do.

The surveyor would be recording what they saw - i.e. space for a couple of cars, on the assumption that the appropriate permissions were in place.

The estate agents may or may not have known that thee was no permission, but unless they knew and deliberately lied, you don't have any claim against them or the seller.

You may find it useful to talk to a local planning specialist to see whether there is anything you might be able to do to persuade the council to grant permission. It may be that what you've read is guidance whether than an absolute rule and that you could argue against it if you can give valid reasons why permitting it won't risk obstructing the pavement or whatever else is a concern.

foxy-stoat

MEM62 wrote: »

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.

Hence I said Mis-Bought.

david1951

After asking around at work it seems that it is in fact illegal to ignore the notice from the council (£20 fine - see subsection 17), but also the council can carry out the works and then charge you for them (subsection 7):

Highways Act 1980

184 Vehicle crossings over footways and verges.

(1)Where the occupier of any premises adjoining or having access to a highway maintainable at the public expense habitually takes or permits to be taken a mechanically propelled vehicle across a kerbed footway or a verge in the highway to or from those premises, the highway authority for the highway may, subject to subsection (2) below, serve a notice on the owner and the occupier of the premises;

(a) stating that they propose to execute such works for the construction of a vehicle crossing over the footway or verge as may be specified in the notice; or

(b)imposing such reasonable conditions on the use of the footway or verge as a crossing as may be so specified.

...

(7)Where a notice under subsection (1)(a) or (3) above has become effective, the highway authority by whom the notice was served may execute such works as are specified in the notice, subject to such modifications (if any) as may have been made by the Minister, and may recover the expenses reasonably incurred by them in so doing from the owner or occupier of the premises in question.

...

(17) If a person knowingly uses a footway or verge as a crossing in contravention of any condition imposed under subsection (1)(b) above, or knowingly permits it to be so used, he is guilty of an offence and liable to a fine not exceeding £20 or, in the case of a second or subsequent offence, to a fine not exceeding £50.

EachPenny

david1951 wrote: »

After asking around at work it seems that it is in fact illegal to ignore the notice from the council (£20 fine - see subsection 17), but also the council can carry out the works and then charge you for them (subsection 7):

It is important to note though that the offence is non-compliance with the notice, not the act of crossing the footway alone.

parkrunner

Globesquirrel wrote: »

Hi there

We bought our house around 1.5 years ago now on the basis that it had a driveway with space for 2 cars. We have had a letter from the council to say that we are illegally parking our cars on the drive as we are crossing the pavement and we have to apply for the drop kerb, only we can't because after we measured the drive, its too short by a couple of inches and will be refused by the council.

The EA brochure states it has "parking" and having re-read our survey, this states "off street parking for 2 cars "

This was our first house purchase so we were relying on the solicitors to pick this up and we did have an additional mid range building survey done.

Does anyone know if we would have a claim here? We're at a loss as to who to speak to regarding this as it seems wrong to be selling a house with an unusable driveway!

Many thanks

Are there restrictions to parking on the road directly outside your property? If not and there isn't already a dropped kerb then really you've never had a usable driveway as people could park across it on the road.