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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Parking advice please

102 replies

gonewiththegin · 11/01/2021 13:43

Hi all, not sure if this is the correct place.

I have moved in to a house a few years ago that had a driveway but not dropped the kerb. As far as I can’t tell this had been done around 10 years ago and no issues. There are concrete blocks against the kerbside to act as a ramp.

Letter received form council today telling me I have 14 days to remove the ramps as they are an obstruction on the road. If I do not they will remove themselves and bill me.

AIBU to think I shouldn’t have to fit the bill for this? I bought the house and I am not responsible for the obstruction. I do agree that it is that however I bought the house and surely not responsible for something that was done long before I purchased.

OP posts:
RoomOfRequirement · 11/01/2021 13:46

I don't know legally but doesnt everyone always say 'You don't own the street outside your house!' When complaining about people parking in front of their house. If that's true, not sure how you can be held responsible for something there.

Though do you use the ramps to access your non-driveway? If you do I can kind of see their point.

littlepattilou · 11/01/2021 13:46

@gonewiththegin

I agree that you should not be responsible for the cost of removal.

But I don't think that makes any difference.

You will still have to pay. More than likely.

It's hard to take on the council and win.

How much cost are we talking of here?

Hoppinggreen · 11/01/2021 13:47

I’m not a Solicitor but to me it sounds like it’s your responsibility
Might be unfair but legally who knows?

littlepattilou · 11/01/2021 13:47

@RoomOfRequirement

I don't know legally but doesn't everyone always say 'You don't own the street outside your house!' When complaining about people parking in front of their house. If that's true, not sure how you can be held responsible for something there.

Good point. I don't think it will stand up with the council though...

LDpuppy · 11/01/2021 13:48

I'd reply asking them why they think you are liable for removing an obstruction on a public highway.

LDpuppy · 11/01/2021 13:49

@Hoppinggreen

I’m not a Solicitor but to me it sounds like it’s your responsibility Might be unfair but legally who knows?
What makes you think it is op's responsibility?
Mackerelpizza · 11/01/2021 13:49

If you want to be able to use it as a driveway you'll need to pay for a dropped kerb, so you might as well engage with the council and sort it out properly.

Lovethewater · 11/01/2021 13:50

As you didn't pick this up when you bought the house, then unfortunately it is now your responsibility and I think you will need to pay.

littlepattilou · 11/01/2021 13:50

@Mackerelpizza

If you want to be able to use it as a driveway you'll need to pay for a dropped kerb, so you might as well engage with the council and sort it out properly.
This is very good advice ^
FAQs · 11/01/2021 13:51

Do you use them for your drive? Any chance the council could have visited the area and noted a car on your drive online with the use of the ramps?

Godimabitch · 11/01/2021 13:51

I'd write back and say they're nothing to do with you. Send them the proof of purchase date. And look if they're in any pictures from before that date, Google maps might help with that.
They cant prove that they're anything to do with your house and they can't just take money out your bank account. The state of the street outside your house is none of your concern.

LDpuppy · 11/01/2021 13:52

@Lovethewater

As you didn't pick this up when you bought the house, then unfortunately it is now your responsibility and I think you will need to pay.
Why????
KatieGGGG · 11/01/2021 13:52

“As you didn't pick this up when you bought the house, then unfortunately it is now your responsibility and I think you will need to pay.”

Yes if there was an issue with the house. Not an issue with the public highway!

OP I imagine they think you’ve erected it, perhaps it’s been a recent complaint. Get in touch and explain you haven’t it was previous owner.

As PP have said you aren’t liable for an obstruction on the public highway you haven’t built.

WiddlinDiddlin · 11/01/2021 13:53

You bought a house with hardstanding or patio the right size to park a car on...

Without legal access to it, it is not a driveway.

I would check your deeds and check the details from when you bought the house, your solicitor should have checked you legally could access your 'driveway' with a car and should have flagged that there was no dropped kerb and that you may be held liable for the addition of concrete, as thats not legal.

If they did and you did nothing.. thats on you.

If they didn't, then you may have some recourse that way... possibly.

I don't think you stand a chance fighting the council over it unless you can prove they were there before you moved in, and you do not use them to access the drive./do not park on the drive/do not own a car etc.

Hoppinggreen · 11/01/2021 13:54

To be fair if it’s not on OPs property might they have to prove the previous resident did it?

BuggerBognor · 11/01/2021 13:54

This reply has been withdrawn

Message from MNHQ: This post has been withdrawn

Mrscaptainraymondholt · 11/01/2021 13:54

was the house sold as having a driveway? was the lack of dropped curb not addressed by the solictors if so?

might be worth a query back to your solicitors with copies of anything stating it had a driveway etc

vanillandhoney · 11/01/2021 13:54

I'm confused. You say you have a driveway, but it's not a driveway if it doesn't have a dropped kerb. It's just a concrete front yard that you're choosing to park on instead of using the road.

If you want a driveway, you'll need to pay for a dropped kerb like everyone else, but be prepared for the council to say "no".

SnackSizeRaisin · 11/01/2021 13:56

I think you can either remove the ramps, or if you don't want to do that due to cost and don't want to use the non drive either, politely write back to the council stating that you didn't put them there, that they were there when you moved in on x date and see how they respond.
If they write back again threatening with cost of removal you might need to get legal advice.
If you actually do want a drive, then ask them for an official dropped kerb.

SoupDragon · 11/01/2021 13:57

Just go and move your concrete blocks that you have been using to chess your patio-with-aspirations

Santaiscovidfree · 11/01/2021 13:57

Ah a patio with aspirations...
Apply for a dropped kerb and pay up.

Or it isn't a drive at all.

SoupDragon · 11/01/2021 13:58

Access. Not chess.

Lovelydovey · 11/01/2021 13:59

Do you use the ramps to access the driveway? If so remove them and engage with the council to pay for a dropped kerb. If not, tell the council they are not yours and you do not use them.

CuriousaboutSamphire · 11/01/2021 13:59

But you said you have a driveway... so presumably you mount the kerb and park your car on your property.

Your issue.

Littlewhitedove · 11/01/2021 14:00

Do you use the concrete blocks to park on your drive? If you do then you should remove them and go through the process to have the kerb dropped. If, however you do not use the driveway then technically you do not own the concrete blocks. I doubt they are mentioned in your house deeds and so the previous owners are responsible or the council but not you.