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

Section62

Anaida9999 said:

Smalltownhypocrite said:

But if it's an actual driveway I clearly cannot use it legally.

Have you had it confirmed that the highway authority have served a notice under subsection 184(1)(b)?  Or if the planning authority have served a planning enforcement notice?

If not then it is far from clear that using the driveway is illegal.  In reality it is very likely using the driveway is perfectly legal.

Anaida9999 said:

The definition of driveway is to provide a safe path from public road to home offering convenient space to park .

I don't know if that is a legal definition of 'driveway', but regardless, you have that.

The purpose of the dropped kerb/crossover is to protect the highway and to make it a little easier to drive in and out.  But unless the road is a very busy one the presence or absence of a dropped kerb is unlikely to make a great deal of difference in terms of safety.

Anaida9999 said:

...but also I cannot stop anyone parking infront of the house without the dropped kerb. I prob paid more for the house to have the so called driveway

From what you've said before the road has plenty of parking and you've had no difficulty parking on the road yourself.  So your driveway would probably only get blocked if someone was having an event or if someone didn't like you using the driveway and wanted to casue you problems.  Even if you did have a dropped kerb you still wouldn't be able to stop people parking in front, the only difference is if you live in a special enforcement area you could contact the council and ask them to give the vehicle a PCN. (the council can't make the owner move the vehicle or tow it away).  If you don't live in a special enforcement area you'd need to police to enforce, which is hit and miss regardless of whether you have a dropped kerb or not.

sheramber

GDB2222 said:

sheramber said:

user1977 said:

sheramber said:

What happens if the OP cannot park on the road outside his house. Does he run a cable up the street to where he can park?

Charges it somewhere else, surely?

Buy he has paid to install a charger and get cheaper 

will he toddle off gto find a public charger or will he want a long cable to reach his car?

I assumed the op would park on the driveway to charge the car. You seem to be assuming otherwise. 

If the op is barred from doing that, then an electric car might not be the best option. 

The OPdoes not park on the drive beacause he has no lergal route, via a dropped  kerb, to access it.

He intended to run a cable over the pavement to reach his car parked on the road outside his house.

The point raised was that ,without a dropped kerb , anybody can park on the rod  outside his house preventing him from parking there.

How far away would he have to park and how far could he trail a cable to charge his car? 

Hence the question would he have to go and find a  public charger and pay their higher price, rather than the cheaper tariff his electricity company charges.

Anaida9999

Section62 said:

Anaida9999 said:

Smalltownhypocrite said:

But if it's an actual driveway I clearly cannot use it legally.

Have you had it confirmed that the highway authority have served a notice under subsection 184(1)(b)?  Or if the planning authority have served a planning enforcement notice?

If not then it is far from clear that using the driveway is illegal.  In reality it is very likely using the driveway is perfectly legal.

Anaida9999 said:

The definition of driveway is to provide a safe path from public road to home offering convenient space to park .

I don't know if that is a legal definition of 'driveway', but regardless, you have that.

The purpose of the dropped kerb/crossover is to protect the highway and to make it a little easier to drive in and out.  But unless the road is a very busy one the presence or absence of a dropped kerb is unlikely to make a great deal of difference in terms of safety.

Anaida9999 said:

...but also I cannot stop anyone parking infront of the house without the dropped kerb. I prob paid more for the house to have the so called driveway

From what you've said before the road has plenty of parking and you've had no difficulty parking on the road yourself.  So your driveway would probably only get blocked if someone was having an event or if someone didn't like you using the driveway and wanted to casue you problems.  Even if you did have a dropped kerb you still wouldn't be able to stop people parking in front, the only difference is if you live in a special enforcement area you could contact the council and ask them to give the vehicle a PCN. (the council can't make the owner move the vehicle or tow it away).  If you don't live in a special enforcement area you'd need to police to enforce, which is hit and miss regardless of whether you have a dropped kerb or not.

I have checked with the council and I need to drop the kerb to use the driveway . Also they have said total costs of 1800. Today I cannot even park outside my house as someone has parked there but without dropped kerb nothing I can do

Anaida9999

Section62 said:

Anaida9999 said:

Smalltownhypocrite said:

But if it's an actual driveway I clearly cannot use it legally.

Have you had it confirmed that the highway authority have served a notice under subsection 184(1)(b)?  Or if the planning authority have served a planning enforcement notice?

If not then it is far from clear that using the driveway is illegal.  In reality it is very likely using the driveway is perfectly legal.

Anaida9999 said:

The definition of driveway is to provide a safe path from public road to home offering convenient space to park .

I don't know if that is a legal definition of 'driveway', but regardless, you have that.

The purpose of the dropped kerb/crossover is to protect the highway and to make it a little easier to drive in and out.  But unless the road is a very busy one the presence or absence of a dropped kerb is unlikely to make a great deal of difference in terms of safety.

Anaida9999 said:

...but also I cannot stop anyone parking infront of the house without the dropped kerb. I prob paid more for the house to have the so called driveway

From what you've said before the road has plenty of parking and you've had no difficulty parking on the road yourself.  So your driveway would probably only get blocked if someone was having an event or if someone didn't like you using the driveway and wanted to casue you problems.  Even if you did have a dropped kerb you still wouldn't be able to stop people parking in front, the only difference is if you live in a special enforcement area you could contact the council and ask them to give the vehicle a PCN. (the council can't make the owner move the vehicle or tow it away).  If you don't live in a special enforcement area you'd need to police to enforce, which is hit and miss regardless of whether you have a dropped kerb or not.

You can take a pic and report to council if someone is parked on a dropped kerb and get them a fine

monkey-fingers

For me, pay the £1800.

Go after the Estate Agent, following their prescribed method - writing to them first, then writing to whoever it is that they're a member of.

sheramber

Anaida9999 said:

Section62 said:

Anaida9999 said:

Smalltownhypocrite said:

But if it's an actual driveway I clearly cannot use it legally.

Have you had it confirmed that the highway authority have served a notice under subsection 184(1)(b)?  Or if the planning authority have served a planning enforcement notice?

If not then it is far from clear that using the driveway is illegal.  In reality it is very likely using the driveway is perfectly legal.

Anaida9999 said:

The definition of driveway is to provide a safe path from public road to home offering convenient space to park .

I don't know if that is a legal definition of 'driveway', but regardless, you have that.

The purpose of the dropped kerb/crossover is to protect the highway and to make it a little easier to drive in and out.  But unless the road is a very busy one the presence or absence of a dropped kerb is unlikely to make a great deal of difference in terms of safety.

Anaida9999 said:

...but also I cannot stop anyone parking infront of the house without the dropped kerb. I prob paid more for the house to have the so called driveway

From what you've said before the road has plenty of parking and you've had no difficulty parking on the road yourself.  So your driveway would probably only get blocked if someone was having an event or if someone didn't like you using the driveway and wanted to casue you problems.  Even if you did have a dropped kerb you still wouldn't be able to stop people parking in front, the only difference is if you live in a special enforcement area you could contact the council and ask them to give the vehicle a PCN. (the council can't make the owner move the vehicle or tow it away).  If you don't live in a special enforcement area you'd need to police to enforce, which is hit and miss regardless of whether you have a dropped kerb or not.

You can take a pic and report to council if someone is parked on a dropped kerb and get them a fine

But the OP hasn’t got a dropped kerb.

Emmia

Anaida9999 said:

Section62 said:

Anaida9999 said:

Smalltownhypocrite said:

But if it's an actual driveway I clearly cannot use it legally.

Have you had it confirmed that the highway authority have served a notice under subsection 184(1)(b)?  Or if the planning authority have served a planning enforcement notice?

If not then it is far from clear that using the driveway is illegal.  In reality it is very likely using the driveway is perfectly legal.

Anaida9999 said:

The definition of driveway is to provide a safe path from public road to home offering convenient space to park .

I don't know if that is a legal definition of 'driveway', but regardless, you have that.

The purpose of the dropped kerb/crossover is to protect the highway and to make it a little easier to drive in and out.  But unless the road is a very busy one the presence or absence of a dropped kerb is unlikely to make a great deal of difference in terms of safety.

Anaida9999 said:

...but also I cannot stop anyone parking infront of the house without the dropped kerb. I prob paid more for the house to have the so called driveway

From what you've said before the road has plenty of parking and you've had no difficulty parking on the road yourself.  So your driveway would probably only get blocked if someone was having an event or if someone didn't like you using the driveway and wanted to casue you problems.  Even if you did have a dropped kerb you still wouldn't be able to stop people parking in front, the only difference is if you live in a special enforcement area you could contact the council and ask them to give the vehicle a PCN. (the council can't make the owner move the vehicle or tow it away).  If you don't live in a special enforcement area you'd need to police to enforce, which is hit and miss regardless of whether you have a dropped kerb or not.

I have checked with the council and I need to drop the kerb to use the driveway . Also they have said total costs of 1800. Today I cannot even park outside my house as someone has parked there but without dropped kerb nothing I can do

The simple solution here is to pay the £1800 and have the kerb dropped. Trailing wires creates a trip hazard which you'd be liable for if there was an accident.

artyboy

Emmia said:

Anaida9999 said:

Section62 said:

Anaida9999 said:

Smalltownhypocrite said:

But if it's an actual driveway I clearly cannot use it legally.

Have you had it confirmed that the highway authority have served a notice under subsection 184(1)(b)?  Or if the planning authority have served a planning enforcement notice?

If not then it is far from clear that using the driveway is illegal.  In reality it is very likely using the driveway is perfectly legal.

Anaida9999 said:

The definition of driveway is to provide a safe path from public road to home offering convenient space to park .

I don't know if that is a legal definition of 'driveway', but regardless, you have that.

The purpose of the dropped kerb/crossover is to protect the highway and to make it a little easier to drive in and out.  But unless the road is a very busy one the presence or absence of a dropped kerb is unlikely to make a great deal of difference in terms of safety.

Anaida9999 said:

...but also I cannot stop anyone parking infront of the house without the dropped kerb. I prob paid more for the house to have the so called driveway

From what you've said before the road has plenty of parking and you've had no difficulty parking on the road yourself.  So your driveway would probably only get blocked if someone was having an event or if someone didn't like you using the driveway and wanted to casue you problems.  Even if you did have a dropped kerb you still wouldn't be able to stop people parking in front, the only difference is if you live in a special enforcement area you could contact the council and ask them to give the vehicle a PCN. (the council can't make the owner move the vehicle or tow it away).  If you don't live in a special enforcement area you'd need to police to enforce, which is hit and miss regardless of whether you have a dropped kerb or not.

I have checked with the council and I need to drop the kerb to use the driveway . Also they have said total costs of 1800. Today I cannot even park outside my house as someone has parked there but without dropped kerb nothing I can do

The simple solution here is to pay the £1800 and have the kerb dropped. Trailing wires creates a trip hazard which you'd be liable for if there was an accident.

Yep, that is literally the only way you will get the practical outcome the OP is looking for. The next step would be to try and pursue the EA if there really is any case there to recover costs (and I'll defer to the discussion that's gone before) but ultimately I think they need to at least get the job done now, especially if the council is currently ok with this - they might not be in another month or year's time!

Section62

Anaida9999 said:

Section62 said:

I have checked with the council and I need to drop the kerb to use the driveway.

Councils almost always say that.  But almost always it isn't true.

Anaida9999 said:

Also they have said total costs of 1800.

As you've been in touch with them, accepting this offer is likely to be the best outcome.  You won't be able to get an indemnity policy when you come to sell, and a buyer or their solicitor is likely to ask for one if you don't have a dropped kerb...

Anaida9999 said:

Today I cannot even park outside my house as someone has parked there but without dropped kerb nothing I can do

...and if there's now a parking problem on your road then having your own parking is the best solution.