Property Sold stating driveway but legally I cannot use it as there is no dropped kerb

Anaida9999

Hi

I bought a property last year which on the Estate Agents sale particulars stated there was 

1) a Driveway
2) the property information form clearly stated that 'parking was available on the Driveway.'

but as I have since found there is no dropped kerb I cannot legally park on the 'Driveway' , I did not have a driveway on my previous house as it was a terraced house so only found out about the dropped kerb requirement as I want an EV charging point installed. So that will cost me £2000. just spent 2k on a new boiler as well so this is a lot to spend on the dropped kerb.

The Estate agents are saying its not their fault as they rely on the vendor to tell them this information. ie - We take instruction from our Vendors when it comes to the advertising of their property and information is either provided or approved by them prior to the listing going live.  As evidenced by the picture of the property information questionnaire you have supplied, we have used the wording they have referenced. 

However there is a case on this forum that TPOS ruled against an estate agent and said - he EA advertised the property as having off street parking, but the Ombudsman said that a professional EA should have known that driving across the pavement is illegal, if there is no dropped kerb - so should not have advertised off road parking. Sold House With Driveway Without Drop Kerb - Page 5 — MoneySavingExpert Forum

does anyone have any views on this should a complaint be made against the Estate Agent or the seller via small claims court (fee of £115 is not a lot if that route it taken)

Thanks in advance for any replies.

Myci85

Presumably you noticed the lack of dropped kerb when viewing prior to/during the process of buying the house? 

Whilst having no usable parking if the property was advertised with off road parking would be frustrating, I think most people would expect this to be something you can check for yourself rather than claiming compensation for. Much like when people try and ask for money off when a survey picks up things that should have been clear to anyone when viewing. 

Anaida9999

no I did not know about it when buying the property as not having a drive before I did not know about dropped kerbs. 

sheramber

Have you been using the drive to park by driving over the pavement?

Several houses around here have no dropped kerb but have ramps in the gutters.
 Not legal  but nobody seems to care. 

caprikid1

"Presumably you noticed the lack of dropped kerb when viewing prior to/during the process of buying the house? "

As always someone quick to jump on the moral high ground, I think it is fair to say a new property buyer may not be away of the need for a drop curb to make a drive way off street parking. Like with a garage there is an expectation of a reasonable level of expertise by the listing estate agent.

I would push hard on the estate agent and site the above example.

Anaida9999

sheramber said:

Have you been using the drive to park by driving over the pavement?

Several houses around here have no dropped kerb but have ramps in the gutters.
 Not legal  but nobody seems to care. 

no i dont use the driveway as I can park outside the house ie on the street its not v busy, but my energy provider wont install an electric charge point unless the kerb is dropped 

Anaida9999

caprikid1 said:

"Presumably you noticed the lack of dropped kerb when viewing prior to/during the process of buying the house? "

As always someone quick to jump on the moral high ground, I think it is fair to say a new property buyer may not be away of the need for a drop curb to make a drive way off street parking. Like with a garage there is an expectation of a reasonable level of expertise by the listing estate agent.

I would push hard on the estate agent and site the above example.

I did advise the Estate Agent of the TPOS case but they said we did not advise any off road parking and only just stated a driveway based on info from the client. Of course the estate agent probably wont admit if they have not done their checks so easily which is why i might need to make a complaint to TPOS but i was wondering if it that is right route of claiming against the estate agent via TPOS or the seller via small claims court?

user1977

Anaida9999 said:

sheramber said:

Have you been using the drive to park by driving over the pavement?

Several houses around here have no dropped kerb but have ramps in the gutters.
 Not legal  but nobody seems to care. 

my energy provider wont install an electric charge point unless the kerb is dropped 

Why not?

And why can't you get someone else to install it?

GDB2222

Anaida9999 said:

caprikid1 said:

"Presumably you noticed the lack of dropped kerb when viewing prior to/during the process of buying the house? "

As always someone quick to jump on the moral high ground, I think it is fair to say a new property buyer may not be away of the need for a drop curb to make a drive way off street parking. Like with a garage there is an expectation of a reasonable level of expertise by the listing estate agent.

I would push hard on the estate agent and site the above example.

I did advise the Estate Agent of the TPOS case but they said we did not advise any off road parking and only just stated a driveway based on info from the client. Of course the estate agent probably wont admit if they have not done their checks so easily which is why i might need to make a complaint to TPOS but i was wondering if it that is right route of claiming against the estate agent via TPOS or the seller via small claims court?

The obvious route is to start with a claim to TPOS, as that would cost you nothing and it is fairly straightforward. 

Only if dissatisfied with the award need you consider a claim against the seller.

Anaida9999

GDB2222 said:

Anaida9999 said:

caprikid1 said:

"Presumably you noticed the lack of dropped kerb when viewing prior to/during the process of buying the house? "

As always someone quick to jump on the moral high ground, I think it is fair to say a new property buyer may not be away of the need for a drop curb to make a drive way off street parking. Like with a garage there is an expectation of a reasonable level of expertise by the listing estate agent.

I would push hard on the estate agent and site the above example.

I did advise the Estate Agent of the TPOS case but they said we did not advise any off road parking and only just stated a driveway based on info from the client. Of course the estate agent probably wont admit if they have not done their checks so easily which is why i might need to make a complaint to TPOS but i was wondering if it that is right route of claiming against the estate agent via TPOS or the seller via small claims court?

The obvious route is to start with a claim to TPOS, as that would cost you nothing and it is fairly straightforward. 

Only if dissatisfied with the award need you consider a claim against the seller.

thanks for the advice, will go the TPOS route.

Myci85

caprikid1 said:

"Presumably you noticed the lack of dropped kerb when viewing prior to/during the process of buying the house? "

As always someone quick to jump on the moral high ground, I think it is fair to say a new property buyer may not be away of the need for a drop curb to make a drive way off street parking. Like with a garage there is an expectation of a reasonable level of expertise by the listing estate agent.

I would push hard on the estate agent and site the above example.

Not trying to jump on the moral high ground, apologies if it came across that way, just trying to point out that as with everything when buying a house, it is legally for the buyer to satisfy themselves about these things, and I'd be surprised if simply not knowing something was needed would stand up in court. I could be wrong.