Dropped kerb

Kaoslisa

Hi all,
I’ve had a run in with one my neighbours this evening which has really upset me and set my anxiety through the roof this evening, so wanted to post to get some support and reassurance.

I recently moved into a property where the drive had space for two cars however due to a light post being situated outside the property we could only manage to get one car on the drive due to needing to drive in at a angle to get to the other space over a normal kerb.

After consulting with the council their advice was to widen the driveway to allow us to enter the drive on a angle and hence be able to get two cars on the drive. I took their advice paid a council approved contractor to have this done and it’s all been signed off by the council around two months ago.

Tonight one of the neighbours parked over the widened part of the drive and when I asked them to move it so we would be able to get both cars out in the morning, I was given a load of verbal abuse and told that they could park where they liked. I advised them that parking over a dropped kerb and blocking access was not allowed and eventually they moved the car.

The wife has now just popped around to say she is reporting the widening of the drive to the council as it’s removed a parking space from the street and there isn’t anywhere for her to park both her cars anymore. 

Previously before it was widened they did used to park here but used to be hanging slightly over the slope of the dropped kerb of either ours or next doors driveway but we didn’t feel that we could ask them to move as it was minimal overhang even though it used to still cause us issues getting the single car out of the driveway!

Im pretty sure the council won’t do anything as it’s not outside her house but wanted to know if anyone ever had a situation where the council had removed a dropped kerb after it has been signed off?

custardy

You have no right of access to your drive. Being blocked from leaving is a different matter.
So be careful telling people they cant park there or you may find a car parked there permanently.

DB1904

If you've followed proper procedure the council will have considered parking before granting permission for your dropped kerb. They will not entertain any complaint from your neighbour. 

Grumpy_chap

This:

DB1904 said:

If you've followed proper procedure the council will have considered parking before granting permission for your dropped kerb. They will not entertain any complaint from your neighbour. 

And this:

custardy said:

You have no right of access to your drive. Being blocked from leaving is a different matter.
So be careful telling people they cant park there or you may find a car parked there permanently.

daveyjp

custardy said:

You have no right of access to your drive. Being blocked from leaving is a different matter.
So be careful telling people they cant park there or you may find a car parked there permanently.

Except parking across a dropped kerb is one place you shouldn't park as it is provided for more than just the driveway it serves.

custardy

daveyjp said:

custardy said:

You have no right of access to your drive. Being blocked from leaving is a different matter.
So be careful telling people they cant park there or you may find a car parked there permanently.

Except parking across a dropped kerb is one place you shouldn't park as it is provided for more than just the driveway it serves.

Shouldnt or legally cant, are two different things

Aretnap

custardy said:

daveyjp said:

custardy said:

You have no right of access to your drive. Being blocked from leaving is a different matter.
So be careful telling people they cant park there or you may find a car parked there permanently.

Except parking across a dropped kerb is one place you shouldn't park as it is provided for more than just the driveway it serves.

Shouldnt or legally cant, are two different things

Legally you can't park across a dropped kerb, in a special enforcement area at least, which means most cities and large towns these days.

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

The "It's legal to block you out of your drive, just not block you in your drive" think is largely an urban myth. 

[Deleted User]

delete 123

JamoLew

Aretnap said:

custardy said:

daveyjp said:

custardy said:

You have no right of access to your drive. Being blocked from leaving is a different matter.
So be careful telling people they cant park there or you may find a car parked there permanently.

Except parking across a dropped kerb is one place you shouldn't park as it is provided for more than just the driveway it serves.

Shouldnt or legally cant, are two different things

Legally you can't park across a dropped kerb, in a special enforcement area at least, which means most cities and large towns these days.

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

The "It's legal to block you out of your drive, just not block you in your drive" think is largely an urban myth. 

I think it's more of the levels of "enforcement" that can be brought to bear rather than any real legalities.

Preventing someone using an empty driveway would not be seen as being as important as actually blocking someones car in and preventing egress which is perceived as being much more "serious"

lemondrops69

custardy said:

You have no right of access to your drive. Being blocked from leaving is a different matter.
So be careful telling people they cant park there or you may find a car parked there permanently.

Are you sure? Can you point to anything that states 'You have no right of access to your drive'. 

Highway code rule 243
DO NOT stop or park

• near a school entrance
• anywhere you would prevent access for Emergency Services
• at or near a bus or tram stop or taxi rank
• on the approach to a level crossing/tramway crossing
• opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
• near the brow of a hill or hump bridge
• opposite a traffic island or (if this would cause an obstruction) another parked vehicle
• where you would force other traffic to enter a tram lane
• where the kerb has been lowered to help wheelchair users and powered mobility vehicles
• in front of an entrance to a property
• on a bend
• where you would obstruct cyclists’ use of cycle facilities except when forced to do so by stationary traffic.

Manxman_in_exile

custardy said:

You have no right of access to your drive. Being blocked from leaving is a different matter.
So be careful telling people they cant park there or you may find a car parked there permanently.

custardy said:

daveyjp said:

custardy said:

You have no right of access to your drive. Being blocked from leaving is a different matter.
So be careful telling people they cant park there or you may find a car parked there permanently.

Except parking across a dropped kerb is one place you shouldn't park as it is provided for more than just the driveway it serves.

Shouldnt or legally cant, are two different things

Whilst it is correct to say that you have no right of access to your drive and that people can generally park where they like, so long as the dropped kerb was authorised by the council, then people cannot park across that bit of the kerb dropped to road level, although it is OK to park next to the sloping part of the dropped kerb.

The OP should check the position with the council - who should agree that you can't park there - and pass that information onto their neighbour if they continue to park there.  And if it still continues, ask the local council to enforce it - assuming the OP is happy to start a neighbour conflict.

The important thing is that the OP determines whether the DK was authorised properly.  I'm not sure exactly what the OP means by "signed off by the council".  Was it correctly approved and authorised - is all the paperwork in order?