Dropped kerbs

[gazm]

Hi all

i searched and found numerous topics on this (mainly on here) but had a couple of questions.

on my street there are 2 houses with dropped kerbs (street has terraced houses) one of the houses has some junk (and an old small boat on the drive) the other has nothing. both houses seem to think they own the road outside the house and no one should park there. i've read the statements about it being an offence to block someone's exit but not their entry, is there a specific legal reference to this?
also in particular would this apply to someone who has other things on their drive (namely a unused boat) which never move

thanks

[vonhosen]

If it's the Police dealing with it the it's obstructing the highway & they are only obstructed from using the highway if you are preventing them getting on it (i.e. getting from their property onto it, not vice versa).
Most councils however have bye laws that forbid parking across dropped kerbs/driveways & you could get a ticket from a council enforcement officer where you do so irrespective of whether you are blocking somebody or not.

ie
http://www.hillingdon.gov.uk/article/7310/Parking-...

Edited by vonhosen on Sunday 1st November 10:46

[gazm]

vonhosen said:

If it's the Police dealing with it the it's obstructing the highway & they are only obstructed from using the highway if you are preventing them getting on it (i.e. getting from their property onto it, not vice versa).
Most councils however have bye laws that forbid parking across dropped kerbs/driveways & you could get a ticket from a council enforcement officer where you do so irrespective of whether you are blocking somebody or not.

ie
http://www.hillingdon.gov.uk/article/7310/Parking-...

Edited by vonhosen on Sunday 1st November 10:46

thanks. in the instance of my neighbour (and the reason for starting this thread) her ''driveway'' which can barely fit a car onto it, is unable to fit a car because of other non car things on it. a visitor to our house came out last night to a note on the window saying dont park in front of my driveway - they had come back and the space in front of their house was taken. i'm more annoyed at the note. I'm not petty, but wanted to know the legal position of someone on a terraced street with a dropped kerb, who is unable to physically get a vehicle onto the driveway (and i use that term in the lose-est sense as its a small front garden which has been paved) because they have other items on their, but still insist that the road alongside should be kept clear for them to park their car.

just to reiterate - they could not physically get their car onto the space if they wanted to.
thanks

[vonhosen]

gazm said:

vonhosen said:

If it's the Police dealing with it the it's obstructing the highway & they are only obstructed from using the highway if you are preventing them getting on it (i.e. getting from their property onto it, not vice versa).
Most councils however have bye laws that forbid parking across dropped kerbs/driveways & you could get a ticket from a council enforcement officer where you do so irrespective of whether you are blocking somebody or not.

ie
http://www.hillingdon.gov.uk/article/7310/Parking-...

Edited by vonhosen on Sunday 1st November 10:46

thanks. in the instance of my neighbour (and the reason for starting this thread) her ''driveway'' which can barely fit a car onto it, is unable to fit a car because of other non car things on it. a visitor to our house came out last night to a note on the window saying dont park in front of my driveway - they had come back and the space in front of their house was taken. i'm more annoyed at the note. I'm not petty, but wanted to know the legal position of someone on a terraced street with a dropped kerb, who is unable to physically get a vehicle onto the driveway (and i use that term in the lose-est sense as its a small front garden which has been paved) because they have other items on their, but still insist that the road alongside should be kept clear for them to park their car.

just to reiterate - they could not physically get their car onto the space if they wanted to.
thanks

For the council PCN to be valid being parked across a dropped kerb that is in that place for the purpose of allowing somebody to cross is all that matters (even partially blocking it means you can get a ticket, even if they could still physically get on/off).

The dropped kerb has been put there for that purpose, it doesn't have to be being used for that purpose to attract a valid PCN.

[4rephill]

gazm said:

vonhosen said:

If it's the Police dealing with it the it's obstructing the highway & they are only obstructed from using the highway if you are preventing them getting on it (i.e. getting from their property onto it, not vice versa).
Most councils however have bye laws that forbid parking across dropped kerbs/driveways & you could get a ticket from a council enforcement officer where you do so irrespective of whether you are blocking somebody or not.

ie
http://www.hillingdon.gov.uk/article/7310/Parking-...

Edited by vonhosen on Sunday 1st November 10:46

thanks. in the instance of my neighbour (and the reason for starting this thread) her ''driveway'' which can barely fit a car onto it, is unable to fit a car because of other non car things on it. a visitor to our house came out last night to a note on the window saying dont park in front of my driveway - they had come back and the space in front of their house was taken. i'm more annoyed at the note. I'm not petty, but wanted to know the legal position of someone on a terraced street with a dropped kerb, who is unable to physically get a vehicle onto the driveway (and i use that term in the lose-est sense as its a small front garden which has been paved) because they have other items on their, but still insist that the road alongside should be kept clear for them to park their car.

just to reiterate - they could not physically get their car onto the space if they wanted to.
thanks

The Laws on parking across a dropped curb apply to all vehicles, including those belonging to the home owner. Most home owners do not realise it but if they park their car across the dropped curb outside their own house then the will also be breaking the Law!

The dropped curb is put in place to give the home owner access to and from their property without causing damage to the footpath, not to give them a guaranteed parking space outside their house.

This is because parking any vehicle across a dropped curb is also inconsiderate to others who may need to use the dropped curb such as people in wheelchairs, mobility scooters, people with walking difficulties, the old-age etc., etc.

So when you start parking across your neighbours dropped curb, bear that in mind!

Also be aware that the Laws on parking across dropped curbs apply regardless of the dropped curbs width. Even if the dropped curb is only a single footpath wide, it is still against the Law to obstruct them (and even if there are no Laws in place preventing it, it's still incredibly inconsiderate!).


Frankly, anyone parking across a dropped curb is being a selfish wr!

[MoggieMinor]

Sounds like this one is indeed being used as a 'guaranteed parking space.."

[Liquid Tuna]

4rephill said:

The Laws on parking across a dropped curb apply to all vehicles, including those belonging to the home owner. Most home owners do not realise it but if they park their car across the dropped curb outside their own house then the will also be breaking the Law!

Does anyone have a reference please? Not that I doubt you, I'd just like to see the actual law.

[gazm]

MoggieMinor said:

Sounds like this one is indeed being used as a 'guaranteed parking space.."

Is there some sort of law preventing this?
Cheers

[vonhosen]

Liquid Tuna said:

4rephill said:

The Laws on parking across a dropped curb apply to all vehicles, including those belonging to the home owner. Most home owners do not realise it but if they park their car across the dropped curb outside their own house then the will also be breaking the Law!

Does anyone have a reference please? Not that I doubt you, I'd just like to see the actual law.

That's not correct.

One of the exemptions is where the vehicle is parked outside residential premises by or with the consent of the occupier of the residential premises. That exemption doesn't apply for shared driveways though.

http://www.legislation.gov.uk/ukpga/2004/18/sectio...

[anonymous-user]

vonhosen said:

For the council PCN to be valid being parked across a dropped kerb that is in that place for the purpose of allowing somebody to cross is all that matters (even partially blocking it means you can get a ticket, even if they could still physically get on/off).

The dropped kerb has been put there for that purpose, it doesn't have to be being used for that purpose to attract a valid PCN.

But is it a real 'authorised' dropped kerb or a homemade PH style one which is generally cheaper ?
And in other news

[PAULJ5555]

What if a wheel chair user needed to use that drop curb, could be seen as something to be ticked for?

Edited by PAULJ5555 on Monday 2nd November 13:14