Dropped curb parking

fine27

Hi All
Wonder if someone can help me out here please, there is a dropped curb next to my house. it is a bit of land with parking. to stop people from parking inside this area, we put up Harris fencing. Some one has now parked there car infront of this fencing on dropped curb for 2 days. Council have opened a case after I argue with them that its an obstruction and as per Highway code rule 243, you cannot park on the kurb which is an entrance to a property. is it still enforceable even though this temporary fence has been put up?  As council argued last time that as the fence is put up, its not blocking an entrance which is bizarre as the fence is temporary. it can be removed by hand.
Secondly, wouldn't this be classified as obstruction for wheelchair users and power mobility vehicles..? What are you thoughts? Once the car goes. I will get Council to paint a white line but this cant happen until the car is gone.

Thanks

Bigwheels1111

From memory a dropped kerb allows exit from property, driveway, garage.
But not entrance.

elsien

Not sure getting the council to paint a white line is going to be quite as straightforwards as you expect.

If the dropped kerb is for a driveway, and there not to allow people to cross the road then the impact on wheelchair users would be negligible. 

You haven’t actually said if the land in question is yours or not. 

fine27

elsien said:

Not sure getting the council to paint a white line is going to be quite as straightforwards as you expect.

If the dropped kerb is for a driveway, and there not to allow people to cross the road then the impact on wheelchair users would be negligible. 

You haven’t actually said if the land in question is yours or not. 

Hi, land is mine, I can't just take the fencing off as I had a big issue in the past where people started to abandon their cars in here which is why I put this temporary fence up, behind cars. There were also drugs beings used by some people. Since closed it off, there hasn't been much noise however I now have this car parked on dropped curb

prowla

I think they should curb parking on kerbs!

TooManyPoints

From memory a dropped kerb allows exit from property, driveway, garage.
But not entrance.

That's an urban myth.

Section 86 of the Traffic Management Act 2004 says this:

86Prohibition of parking at dropped footways etc.

(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—

(i)assisting pedestrians crossing the carriageway,

(ii)assisting cyclists entering or leaving the carriageway, or

(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or

(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.
 
Whilst this section applies to "special enforcement areas", the principle holds good for other offences such as obstruction. Additionally the HC (Rule 243) advises "do not park in front of an entrance to a property." It is silent as to whether the property is occupied by a vehicle or not, as it should be. It would be plainly absurd if a inconsiderate drivers were allowed to prevent entry to a property with a properly constructed dropped kerb.

molerat

But the dropped kerb is not for allowing access across the footway, OP has erected a fence.  If they had a gate in that fence that would be a different matter.

TooManyPoints

I assumed there was a footway between the road and the OP's property (or why else would a dropped kerb be required - what is the kerb's purpose if there is no footway?).

My understanding is based on what the OP says:

Secondly, wouldn't this be classified as obstruction for wheelchair users and power mobility vehicles..?

I envisage a road with a parallel footway, with a dropped kerb giving access to a "crossover" (a part of the footway which has been constructed to allow vehicles to cross from the road to an adjacent property). If a car is parked on this crossover it effectively blocks the footway (and in law is seen as being parked on the footway). Hence the OP's concern for footway users. 

Furthermore, the HC advises that a driver should not park in front of an entrance to a property. The only dispute would be whether the property has an entrance (bearing in mind the fencing). Without seeing it that is difficult to say. There is a property near me which has been under renovation for some time. The builders have placed fencing something like this across the entrance:

https://www.safesitefacilities.co.uk/products/fencing/temporary-heras-fencing

I assume this is what the OP is talking about. It would be a stretch to argue that the property no longer has an entrance because of such fencing.

Car_54

TooManyPoints said:

I assumed there was a footway between the road and the OP's property (or why else would a dropped kerb be required - what is the kerb's purpose if there is no footway?). 

Looks nicer? Keeps cars off the grass?
Whatever, it's pretty common.

born_again

OP maybe think about putting a gate there rather than a fence. Much easier to argue your case then 👍

Grey_Critic

Is the land actually the site for the OP to erect a garage hence the dropped kerb?

A fence might be of use for keeping people out but irrespective of the legal position of blocking a footpath a fence without a gateway does not indicate people need access.