Parking over a drop kerb - Fined

[vit4]

Been fined by the council for parking over a dropped kerb, but I was staying over the person's house it was outside. Is there anyway out of this because I know them? Or what if it'd been their own car, would they get fined anyway?

Basically, would a letter from them to the council explaining that they were happy for me to park there get me off of the fine? Wouldn't mind but we're talking maybe 6" max over their drop anyway

[streaky]

Were your wheels on the pavement and was this in London?

Streaky

[vonhosen]

Council PCN offence.

[mgtony]

This is a confusing issue. Some will say you can't park in London over a dropped kerb. This may be true for access on street corners, but for diveways, different boroughs have different rules. I believe some will give tickets regardless if you state it's your own car.
In the London Borough of Haringey you can, their website states:

Q: Can I park across my own driveway during the hours of the CPZ?

A: As stated above it will be necessary to have a yellow line across a driveway enforceable during the operational hours of the zone only.

Which means outside of restricted times you can park over your own driveway. My borough operates in the same way.
Check the boroughs website for where you got ticketed to see if they may have the same rules to contest the ticket.

[bobthebench]

vit4 said:

Been fined by the council for parking over a dropped kerb, but I was staying over the person's house it was outside. Is there anyway out of this because I know them? Or what if it'd been their own car, would they get fined anyway?

Basically, would a letter from them to the council explaining that they were happy for me to park there get me off of the fine? Wouldn't mind but we're talking maybe 6" max over their drop anyway

Drop kerb ? So you were on the pavement ? Drop kerb is to allow access only, pavement is for pedestrians. Mothers with buggies, blind folk etc. If you park blocking or obstructing the pavement, expect a ticket and for it to be upheld. While I can understand drivers don't want to obstruct road, if the alternative is blocking a pavement you should always stick to the road or expect a ticket these days.
Consider the reverse, you're driving down a street which is obstructed by kids bikes in the middle of the road, prams abandoned everywhere etc. Would you moan ?

[oldcynic]

bobthebench said:

Drop kerb ? So you were on the pavement ? Drop kerb is to allow access only, pavement is for pedestrians. Mothers with buggies, blind folk etc. If you park blocking or obstructing the pavement, expect a ticket and for it to be upheld. While I can understand drivers don't want to obstruct road, if the alternative is blocking a pavement you should always stick to the road or expect a ticket these days.
Consider the reverse, you're driving down a street which is obstructed by kids bikes in the middle of the road, prams abandoned everywhere etc. Would you moan ?

I suspect you've misunderstood. My impression is that the OP was parked very slightly obstructing the dropped kerb at the end of his friend's driveway.

As for the original question, was there a yellow line across the end of the driveway? Were there marked parking bays on the street?

[vonhosen]

http://www.newparkinglaws.co.uk/post/Local-Authori...

http://www.newparkinglaws.co.uk/post/Parking-Next-...

Edited by vonhosen on Saturday 26th March 00:51

[F i F]

Good link there von, thanks, though must admit to being amused by the Decimalised Parking Enforcement as opposed to Decriminalised.

What that site needs on the parking against dropped kerbs link is a piece / link to section 86 which lists all the exceptions as here

Hope this helps the OP to fight this.

[nigel_bytes]

Kirklees council weren't interested when my neighbor complained , In fact the whole street do it

[Huff]

Yup - looks like Kirklees to me

[streaky]

F i F said:

Good link there von, thanks, though must admit to being amused by the Decimalised Parking Enforcement as opposed to Decriminalised.

Despite this, CEOs behave in an imperial manner.

A more accurate title might be Decimated Parking Enforcement, where one in ten motorists are hammered.



Streaky

[spikeyhead]

nigel_bytes said:

Kirklees council weren't interested when my neighbor complained , In fact the whole street do it

I'd be pushing a wheelchair through that gap

[rogerhudson]

There's a side street in Stokenewington (N16) where 30 years ago a house owner got the council to drop the curb so they could park in the front yard. The next owners 15 years ago returned the front to garden with a wall but the dropped curb remained. I lived around the corner and parked there for years until the new law came in and once afterwards, one particular warden used to cruise round on his scooter if he was down on his ticket quota to catch an easy punter. I threatened the TfL people if they didn't investigate the particular badge number i would go to court. My ticket was suddenly cancelled! Yes, house owners have been ticketed on their own dropped curb!
No wonder I left the stty country.

[vit4]

Interesting turn; ticket actually reads 'parking adjacent to a dropped footway'.

As I understand it, this is for pedestrians etc to cross the road but this was a kerb paid for by the house owner and there is no dropped kerb/footway opposite which confuses me slightly But can anybody clarify this please?

[streaky]

vit4 said:

Interesting turn; ticket actually reads 'parking adjacent to a dropped footway'.

As I understand it, this is for pedestrians etc to cross the road but this was a kerb paid for by the house owner and there is no dropped kerb/footway opposite which confuses me slightly But can anybody clarify this please?

Can you clarify these please?

Streaky

[rawgrafix]

Rules in Enfield (London Borough)

If it's a pedestrian drop kerb, IE; to assist less able'd folk to cross the road - then you'll get a ticket.
If it's a residential drop kerb then the owner of the property must call the council to report a vehicle blocking access. As such i would suggest a strongly worded letter from the owner would be enough to quash the ticket.

The residential drop kerbs are enforceable regardless of a white or yellow line.

[F i F]

I know PH makes fun of these disabled scooter things but someone on one of those would be stuffed as they can't climb kerbs when pavements are blocked like that.

Also as dropped kerbs are enforceable, I bet there isn't a single case of a warden finding out if the vehicle is parked with resident's permission first before issuing the PCN.

[grumpyscot]

nigel_bytes said:

Kirklees council weren't interested when my neighbor complained , In fact the whole street do it

There was a street near us where people parked like this.... until a little 5 year old on his bike cycled on the pavement, as he was legally entitled to do, and carved lovely deep dents and scratches on all the cars. He admitted doing it "because Mummy said not go on the road". The car owners could do nothing as the little lad was below the age of criminal responsibility! The police decline to book the car owners for obstruction on the basis that they had suffered enough financial damage as it was.

[vit4]

streaky said:

vit4 said:

Interesting turn; ticket actually reads 'parking adjacent to a dropped footway'.

As I understand it, this is for pedestrians etc to cross the road but this was a kerb paid for by the house owner and there is no dropped kerb/footway opposite which confuses me slightly But can anybody clarify this please?

Can you clarify these please?

Streaky

The owner of the house I was parked outside paid to have the dropped kerb in order to gain access to their driveway, it isn't for pedestrians/people with mobility scooters etc to cross the road (no dropped kerb opposite the one I was parked over).

rawgrafix said:

Rules in Enfield (London Borough)

If it's a pedestrian drop kerb, IE; to assist less able'd folk to cross the road - then you'll get a ticket.
If it's a residential drop kerb then the owner of the property must call the council to report a vehicle blocking access. As such i would suggest a strongly worded letter from the owner would be enough to quash the ticket.

The residential drop kerbs are enforceable regardless of a white or yellow line.

Cheers, should be alright then. Ticket was in Redbridge but I'd imagine pretty similar?



I should probably point out, that it is a wide pavement with signs instructing road users to park with two wheels on the kerb. I was also in a marked parking bay which had no 'close' point to show where it ended, if that makes sense

Cheers for all the help though

[oldcynic]

hora said:

People insisting their god-given right to park outside their house even though its on public through-way then kick off when they get a ticket?

Did you read the thread?

Car parked slightly overhanging driveway of the property where the driver was staying, so not obstructing any other member of the public. Traffic warden issues ticket. OP would like to know if appeal is likely to be successful, and on what basis.

I haven't spotted any reference to god-given rights, merely a parked car obstructing nobody with a potentially unjustified ticket.