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Parking on a joint dropped which is the access to you property.

Hello
I and other cars in my area have been parking on dropped kerbs which are also used as access to our own properties via a public foot path.

I share a joint dropped kerb with new neighbours.
The dropped kerb is at the side of my house for me to access the rear of my property and for them to access their front garden. 
I have parking on the front of my property but only for 2 cars (we have 3) - so I park at the side on the dropped kerb. 
Half the dropped kerb is directly opposite the neighbours front garden and the other half is in line with my fences/boundary. 
Prior to us buying this house the previous owners had gates and parked via the dropped kerb into the rear garden. 

So, the dropped kerb allows us both to drive over a public footpath and into our garden/parking.
I park my car to ensure it does overhang on the road or pathway - but I don't drive it into the garden as we removed the larger gates for fences - we instead installed a small gate for access - to walk through. I have been doing this for 6 years since we moved into the house with no issues. 
The new neighbour leaves their van also on the dropped kerb as their drive is full (with 2 other cars).

The issue is the neighbour says I can't park on the dropped kerb: because I can't drive into a space (as I have removed the gates).
They are suggesting that only they can use all of the joint dropped kerb. 

The title plans seem to show the boundary up-to the road meaning we would both have the part dropped kerb - but as we know these are and can be subjective. 

The neighbours have said they will be complaining to the council to stop me parking on the dropped kerb? unless I move my car, but they also park on the dropped kerb!!!!.........."the wording for the issuing of a PCN says: adjacent to dropped kerb of a single residential building - says - 'Where the dropped footway permits access to residential premises, code 27 is only enforced in response to complaints"

So: 
  1. Can I park on my side of the dropped kerb opposite/in line with my fences/boundary in order to access the gate into my property. 
Any help-advise would be great as they have threatened to damage my car with their work van or park on my front drive. They are also now starting to park on the grass verges next to the dropped kerb on my side in order to create difficulty for me accessing/parking on the dropped kerb.

I have installed dash cams as so worried. 

Comments

  • LinLui
    LinLui Posts: 570 Forumite
    500 Posts Name Dropper
    This is probably more of a neighbour thing than a parking thing. 

    But parking over a dropped kerb - even your own dropped kerb- is an offence,  and you can be fined or towed. You are both wrong. Some councils,  including my own,  also fine period for parking on grass verges. 

    I'd suggest that instead of escalating this,  could mediation help? Because it could get nasty and very expensive. And it sounds like you are both in the wrong. 
  • Mark_d
    Mark_d Posts: 2,155 Forumite
    1,000 Posts First Anniversary Name Dropper
    I understanding that parking on a dropped curb is prohibited by the Highway Code
  • Coupon-mad
    Coupon-mad Posts: 147,892 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No it isn't prohibited and isn't an offence except in London.  

    An exemption is you can park on your own dropped kerb (outside of London) but NOT if it's a shared one.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LinLui
    LinLui Posts: 570 Forumite
    500 Posts Name Dropper
    No it isn't prohibited and isn't an offence except in London.  

    An exemption is you can park on your own dropped kerb (outside of London) but NOT if it's a shared one.
    It isn't prohibited and is not an offence except in a London? Odd that. I don't live anywhere near London and my council regularly fine / tow the people parked across my dropped kerb. They seem convinced it's an offence. 
  • LinLui
    LinLui Posts: 570 Forumite
    500 Posts Name Dropper
    The Traffic Management Act 2004, grant councils that are Special Enforcement Areas (SPA) the power to enforce contravention code 27: Parked adjacent to a dropped footway. 

    It seems there are very few councils that aren't SPAs.
  • Thank you for the comments - I will keep exploring. 
  • LinLui
    LinLui Posts: 570 Forumite
    500 Posts Name Dropper
    Thank you for the comments - I will keep exploring. 
    Stop exploring. This won't get any better,  and you are heading into neighbour dispute territory which impacts on your house value. The fact you chose to remove your access and have smaller gates isn't relevant. You (and they) should not be parked across a dropped kerb. It's possible,  depending on your area,  that parking on the verge is also not acceptable. You can park on the road, assuming no other restrictions. Why can't you do that? But if you both continue in this vein you will both be loses. Find a solution. It's parking,  not life and death. 
  • Coupon-mad
    Coupon-mad Posts: 147,892 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    LinLui said:
    The Traffic Management Act 2004...
    Yep, that's the one:
    https://www.legislation.gov.uk/ukpga/2004/18/section/86

    "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.

    This exception does not apply in the case of a shared driveway."

    Which is what I said above.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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