Parking on a dropped kerb which gives access to a drive

74jax

Can anyone point me to the right place please, I have honestly looked, that says I can not park on a dropped kerb if it restricts access to the drive and the drive is mine?

It just seems so silly that I can't park on my dropped kerb as it restricts access but the access is mine... If that makes sense.

Background doesn't really help here as its the law I guess but my drive is steep, so as we have ice / snow I'm parking along the top of the drive - doesn't affect anyone else, no one else parks about - but told I am not allowed to block a drive..... To be honest I did know this, but maybe I'm just trying to find a way round the law that doesn't exist. I guess in black and white I AM blocking a drive....

Redx

a dropped kerb is normally part of the pavement and not your property and not your drive, its an access to your drive that you have permission to drive over to access your property/drive and sometimes parking on the "pavement" is banned by some councils


but for a definitive answer, try pepipoo forums, using a non hotmail address for sign up

unforeseen

http://www.legislation.gov.uk/ukpga/2004/18/section/86 makes it an offence to park across a dropped kerb, even your own. It is up to your local council whether they turn a blind eye to an owner parking across their own dropped kerb.

If you are doing it in bad weather and blocking or partially blocking footpaths then I doubt if they would be sympathetic

74jax

Redx wrote: »

a dropped kerb is normally part of the pavement and not your property and not your drive, its an access to your drive that you have permission to drive over to access your property/drive and sometimes parking on the "pavement" is banned by some councils


but for a definitive answer, try pepipoo forums, using a non hotmail address for sign up

That actually makes perfect sence! So I can't park on a dropped pavement because its just that, a dropped pavement, it just happens to be where my drive is.

Thank you it had puzzled me all day........ Goes out to move car.....

74jax

unforeseen wrote: »

http://www.legislation.gov.uk/ukpga/2004/18/section/86 makes it an offence to park across a dropped kerb, even your own. It is up to your local council whether they turn a blind eye to an owner parking across their own dropped ketb

Thank you.... Feeling rather silly now. I totally understand.

adonis

I believe the London boroughs fine you if you park over a drive even if it is yours,
how many other councils will start doing it if they think it will generate some money?

74jax

adonis wrote: »

I believe the London boroughs fine you if you park over a drive even if it is yours,
how many other councils will start doing it if they think it will generate some money?

I've already been warned, not will to see if it is my council....

It all makes sence now it's been explained though....

I moved it last night, just looked out and we have snow!

Coupon-mad

You can in my area (park in front of your own dropped kerb).

And you can get a white H bar line painted which gives you the right to (effectively) enforce it if you want to, as the householder can phone up to complain and ask the Council to ticket a specific car that's not meant to be parked there.

But all friends/houseowner themselves, etc., are allowed to park and the Council can't ticket on the white line, without a complaint from the authorised resident.

If not in London, why not Google your own Council's policy about dropped kerbs?

Albeit in London boroughs, parking in front of any dropped kerb is a NONO!

unforeseen

I'm surprised. Those lines are purely advisory and have no legal force whatsoever. I would think they would be on a sticky wicket if somebody took it to court and proved that the council were arbitrarily enforcing the TMA 2004 only in certain circumstances as there is no exemption for the owner blocking their own drive.

iammumtoone

I always thought it was because dropped curbs are not just for cars, they are for wheelchair users and mothers with prams etc as well.


There is a dropped curb down my street that no longer has a drive associated with it (end terrace house was built in the old houses drive space) I suppose strictly speaking no one should still park over/on it but everyone does.



You need to ask yourself who will complain if you park over it, as normally the only person to do this would be the person who needs to get onto the drive (ie you)

Coupon-mad

unforeseen wrote: »

I'm surprised. Those lines are purely advisory and have no legal force whatsoever. I would think they would be on a sticky wicket if somebody took it to court and proved that the council were arbitrarily enforcing the TMA 2004 only in certain circumstances as there is no exemption for the owner blocking their own drive.

http://www.legislation.gov.uk/ukpga/2004/18/section/86

86 Prohibition of parking at dropped footways etc.

(3)The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.