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

Section62

Emmia said:

The agent may have pointed the lack of a dropped kerb out to the buyer at a viewing, but perhaps the buyer didn't take it in. The buyer could also have noticed the lack of a dropped kerb and asked about it... But didn't for whatever reason.

The question really is was the presence of a driveway material to the purchase - if the OP only parks on the road then perhaps it was not. This question has really only arisen because they want an EV charger that needs a driveway.

Which they have got.  It is only the OP incorrectly* believing it is "illegal" to use the driveway which is stopping them doing so.  (*assuming no S184(1)(b) notice has been served).

It isn't clear why the energy company is refusing to install a charger because there is no dropped kerb, but depending on circumstances that might be something to take up with the energy company rather than the EA.

The EA does seem to have failed to follow the "Assured Advice" that eddddy linked to, but equally the CPR guidance issued by TPOS (also linked by eddddy) says "Unfairness may arise from: • Giving false or misleading information to consumers (a misleading action)".  So if the EA had followed the "Assured Advice" and told the OP parking on the driveway was "subject to obtaining permission to construct a vehicle access crossing" (or 'illegal'), where it isn't, then the EA would appear to be in breach of the CPR and possibly risks a complaint from both (or either) the seller and buyer for misleading them.  As a vendor I'd be really annoyed if my EA was telling prospective buyers I was doing something illegal, when I wasn't.

It is possible the EA in this case will stump up some compensation to bring the matter to a close.  But it is also possible the EA might make enquiries about the legality of the OP's driveway - maybe by contacting the local council - which could lead to an outcome which can't be guaranteed to be to the OP's benefit.  Sleeping dogs etc.

silvercar

sheramber said:

This question has really only arisen because they want an EV charger that needs a driveway. 

Which was my point.

The dropped kerb was not important to the OP when he bought the property and he has been quite happy without one up to now. 

Totally understandable to move to a bigger property and want a driveway. Just because they haven’t had one up to now is irrelevant.

silvercar

Personally, I’d just get the EV charger installed. I doubt every installer would be so fussy. If they are particular, just tell them you want the charger ready for when the kerb is dropped.

Section62

silvercar said:

Personally, I’d just get the EV charger installed. I doubt every installer would be so fussy. If they are particular, just tell them you want the charger ready for when the kerb is dropped.

This is the nub of the issue - what is the context of the 'energy company' saying no?  Does it relate to the DNO consent for any charger, or does it relate to the supplier offering some kind of discount?  If it is the latter then the company could impose whatever T&Cs it wishes (within regulation and reasonableness), whereas the former should be limited to electical/safety considerations AFAIK.

Also, if it is the former, then it would be a reason why getting another company to install the charger wouldn't be possible.

QrizB

Section62 said:

silvercar said:

Personally, I’d just get the EV charger installed. I doubt every installer would be so fussy. If they are particular, just tell them you want the charger ready for when the kerb is dropped.

This is the nub of the issue - what is the context of the 'energy company' saying no?  Does it relate to the DNO consent for any charger, or does it relate to the supplier offering some kind of discount?  If it is the latter then the company could impose whatever T&Cs it wishes (within regulation and reasonableness), whereas the former should be limited to electical/safety considerations AFAIK.

As an example ...

My EV wallbox was installed by Octopus. Because the chage cable crosses (my own and exclusively my) garden path, I was told they needed a photo of a suitable cable protector installed over the cable before the installer could sign it off.

Cue me running around various builders merchants and electrical wholesalers trying to find one. Unsuccessfully.

Having performatively tried and failed, the installer pulled one out from the back of his van, used that for the photo then took it away again

I did order one of my own from Amazon which arrived in the next day or two.

MeteredOut

QrizB said:

Section62 said:

silvercar said:

Personally, I’d just get the EV charger installed. I doubt every installer would be so fussy. If they are particular, just tell them you want the charger ready for when the kerb is dropped.

This is the nub of the issue - what is the context of the 'energy company' saying no?  Does it relate to the DNO consent for any charger, or does it relate to the supplier offering some kind of discount?  If it is the latter then the company could impose whatever T&Cs it wishes (within regulation and reasonableness), whereas the former should be limited to electical/safety considerations AFAIK.

As an example ...

My EV wallbox was installed by Octopus. Because the chage cable crosses (my own and exclusively my) garden path, I was told they needed a photo of a suitable cable protector installed over the cable before the installer could sign it off.

Cue me running around various builders merchants and electrical wholesalers trying to find one. Unsuccessfully.

Having performatively tried and failed, the installer pulled one out from the back of his van, used that for the photo then took it away again

I did order one of my own from Amazon which arrived in the next day or two.

Out of interest, how often it is used?

QrizB

MeteredOut said:

QrizB said:

Section62 said:

silvercar said:

Personally, I’d just get the EV charger installed. I doubt every installer would be so fussy. If they are particular, just tell them you want the charger ready for when the kerb is dropped.

This is the nub of the issue - what is the context of the 'energy company' saying no?  Does it relate to the DNO consent for any charger, or does it relate to the supplier offering some kind of discount?  If it is the latter then the company could impose whatever T&Cs it wishes (within regulation and reasonableness), whereas the former should be limited to electical/safety considerations AFAIK.

As an example ...

My EV wallbox was installed by Octopus. Because the chage cable crosses (my own and exclusively my) garden path, I was told they needed a photo of a suitable cable protector installed over the cable before the installer could sign it off.

Cue me running around various builders merchants and electrical wholesalers trying to find one. Unsuccessfully.

Having performatively tried and failed, the installer pulled one out from the back of his van, used that for the photo then took it away again

I did order one of my own from Amazon which arrived in the next day or two.

Out of interest, how often it is used?

I leave it down during motorbike season as it saves riding over the cable!

sheramber

silvercar said:

sheramber said:

This question has really only arisen because they want an EV charger that needs a driveway. 

Which was my point.

The dropped kerb was not important to the OP when he bought the property and he has been quite happy without one up to now. 

Totally understandable to move to a bigger property and want a driveway. Just because they haven’t had one up to now is irrelevant.

If they wanted a usable driveway why not raise the issue before now, rather than accepting it and parking on the road? 

eddddy

This thread seems to have wandered in many different directions.

In simple terms, the core issue seems to be that Trading Standards and The Property Ombudsman say that when there is no dropped kerb, an estate agent should say words to the effect of...

• "There is space for parking, but there is no dropped kerb, so you should ask your solicitor about this"

(Estate agents are not legally trained - so the estate agent is not expected to know whether anything to do with this is legal or illegal.

And bear in mind that a conveyancing solicitor doesn't visit the property, so they will not know about this unless their client tells them.)

So it seems that the key questions are...

• Did the estate agent say words like those mentioned above - in the property listing/advertising, or when the OP phoned to arrange a viewing, or at the viewing, or at any other time?

• Has the OP suffered a financial loss as a result of the estate agent not mentioning words like those?

(FWIW, Trading Standards and The Property Ombudsman would probably say that suitable wording [equivalent to the above] should be included in the property advertising - or at the very least, the buyer should be informed before they travel to a viewing.)

Section62

eddddy said:

This thread seems to have wandered in many different directions.

In simple terms, the core issue seems to be that Trading Standards and The Property Ombudsman say that when there is no dropped kerb, an estate agent should say words to the effect of...
....

If the OP only wants compensation then that core issue is all that matters.

But if the OP wants somewhere they can park their EV to charge it then the answer is more nuanced.  Compensation from the EA won't necessarily give them an off street parking space.

Which matters more to the OP?  Any 'wandering' of the thread is probably due to that not being entirely clear, and as this is a money saving site it is only right for people to point out that the compensation option might not give the best overall outcome.