Gate and dropped kerb

lookstraightahead

Just a thought from another thread, I have a single back gate which is very close to a side road which has a dropped kerb (the gate leads to my garden). We don’t use it much but cars are usually parked in front of it. There are no yellow lines etc. Are they allowed to park there? It is the only back entrance to my property.

PasturesNew

If there is a dropped kerb, then no.

It's irrelevant where your gate goes to or how you use it. The essential facts are just Road Laws and what a vehicle's doing... in your case, road laws say a dropped kerb should be kept free - and the vehicles are not doing that.

They do it because they've never seen anybody ticketed, they can see you've not got a vehicle access/garage at that spot and they think they can, therefore, get away with it as it's "not in anybody's way". They forget that these dropped kerbs are used by prams, mobility scooters and other vehicles of a mobility-enhancing nature, or maybe it never occurs to them.

lookstraightahead

Thank you - that!!!8217;s worthwhile knowing

Davesnave

For the police to be interested, however, you'd need to be blocked-in, not blocked out.


So, if you're on your mobility scooter and stuck in your back garden that's actionable, but if you are in the road in the pouring rain, unable to get in, that's just tough luck.


Mind you, if you needed access for such a scooter, you might be able to apply for yellow lines.

s88

Living with inconsiderate and ignorant neighbours, this is an issue I can sympathize with. I have a dropped kerb & driveway behind locked gates, and although I rarely use my driveway, there are times I can come home from work and my drive way is blocked, or more often, partially blocked. I would even argue that it is blocked when they are park in the middle of the road - I should state here that I live in the last house on a dead-end street- still obstructing access to the public highway if I were parked in my drive.


That "public highway" part is important. I've done extensive looking up regarding the matter and my understanding is if you are restricted from accessing the public highway, then it is an offence (i.e. parked in drive with dropped kerb), although if you cannot access your driveway, then as above, tough luck.


Far too many cars on the road for the old industrial town, city & urban planning to cope. Two cars to a house seems to be the standard these days.

EachPenny

lookstraightahead wrote: »

Just a thought from another thread, I have a single back gate which is very close to a side road which has a dropped kerb (the gate leads to my garden). We don’t use it much but cars are usually parked in front of it. There are no yellow lines etc. Are they allowed to park there? It is the only back entrance to my property.

It depends where you live. If it is in London and some other places then the answer is 'no'. Elsewhere the answer is 'maybe'.

EachPenny

PasturesNew wrote: »

If there is a dropped kerb, then no.
It's irrelevant where your gate goes to or how you use it. The essential facts are just Road Laws and what a vehicle's doing... in your case, road laws say a dropped kerb should be kept free - and the vehicles are not doing that.

It isn't that simple. There is no universal law which states you mustn't park across a dropped kerb. Highway Code Rule 243 states "DO NOT stop or park: ... where the kerb has been lowered to help wheelchair users and powered mobility vehicles" but Highway Code fans will advise that a "DO NOT" rule is one which is not backed up by specific legislation.

In London there is a Local Act which prohibits parking in front of a lowered kerb, which applies equally to pedestrian crossings and vehicle driveways, but outside London the situation is not clear cut.

PasturesNew wrote: »

They do it because they've never seen anybody ticketed, they can see you've not got a vehicle access/garage at that spot and they think they can, therefore, get away with it as it's "not in anybody's way". They forget that these dropped kerbs are used by prams, mobility scooters and other vehicles of a mobility-enhancing nature, or maybe it never occurs to them.

Perhaps this is the case outside London because you'd need to be very unlucky to get ticketed as the circumstances in which that would happen are quite rare.

But in London you are very likely to get ticketed, indeed people are regularly ticketed for parking across their own driveway. The difference being the specific legislation in London, and the fact the enforcement authority gets to keep the money raised from the penalties. :cool:

TBagpuss

As a starting point, I'd suggest that you put a sign on the gate asking people not to park as access is required.