Driveway with no dropped kerb..

[MadgeHarvyy]

Does this mean it is not legally a driveway..?

She has also in 40 years never been warned of driving on the pavement.

It doesn’t mean it’s legal or that she won’t get a warning in the future.

[quote Weatherwarnings]@cyclingmad my relatives house has always had the drive without a dropped kerb it’s not like she put it in. She has lived there 40 years parking on her “patio with aspirations” all that time. The road is right near a park so frequently gets antisocial parking and when someone blocked her drive they were ticketed. So you can quote whatever law you like but if you block someone’s car in you risk a fine. She has also in 40 years never been warned of driving on the pavement.[/quote]
Just because all these years thats what she done doesn't make it legal.

End of the day the law says you cannot drive across a kerbed pavement to park on your 'driveway'. The person who parked on the road outside her so called driveway unless it on yellow lines didnt do anything wrong.

Why does she not pay for a dropped kerb? Does she think she is better than the rest of us?

And if she chooses to illegally Park her car and someone parks legally thereby stopping her from illegally driving over the pavement thats her problem.

I hope the driver fined contested it cos I would.

You cannot be blocked in for having your car illegally parked on a 'driveway' that isnt a driveway because there is no dropped kerb.

It's been illegal since 1835 to drive on or over a pavement. Highway Code rule 145

So until your relative gets a dropped kerb she is breaking the law

If you buy a house where previous owners created a driveway but didn't drop the kerb it doesn't mean you can class it as a driveway either. You as the new owner are responsible for getting a dropped kerb in place. Until then providing no other road laws are being broken people can continue to park there

@BrieAndChilli

This is an (extreme) example of what happens when you don’t have permission! It’s not a dropped kerb situation but equally if you don’t have a dropped kerb arranged with the council they could legally come along and let utilities erect a telepgraph pole or a junction box or a bus stop on the pavement on front of your ‘drive’ and there’s nothing you could do about it

lol this happened here. Slap bang in the middle and no room either side to try and get the vehicle out. They are still bitter about having to hire one of those crane things to lift the car out.

Things got very heated, police called, someone official from whoever is in charge of street lighting came out and everything. Shame it was before MN otherwise would have made an amazing thread. Even made the local paper.

Wouldn't be as bad but the same person got blocked in around 6 months before that when the pavement was dug up for something else

I have been trying to work out what the rules are re blocking someone in who has parked on a makeshift 'driveway' with no dropped kerb. Is it fine to use the on street parking still as they shouldn't be there?

@Sendsystemsucks

I have been trying to work out what the rules are re blocking someone in who has parked on a makeshift 'driveway' with no dropped kerb. Is it fine to use the on street parking still as they shouldn't be there?

Depends how much of a knob you want to be, really.

@cyclingmad

It's been illegal since 1835 to drive on or over a pavement. Highway Code rule 145

So until your relative gets a dropped kerb she is breaking the law

If you buy a house where previous owners created a driveway but didn't drop the kerb it doesn't mean you can class it as a driveway either. You as the new owner are responsible for getting a dropped kerb in place. Until then providing no other road laws are being broken people can continue to park there

There’s a caveat though - you may drive on the pavement to gain kawful access to property.

“ 145 You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency. Laws HA 1835 sect 72 & RTA 1988 sect 34”

Would that not include access to your patio?

Yes, you need planning permission, not always granted dependant on things like trees, drains, etc.
It's illegal otherwise.

Would that not include access to your patio?

No. The access is lawful because of the dropped kerb.

Road Traffic Act 1998, Section 34, Paragraph 3. "It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land."

Here’s the statute everyone is quoting. Where is the offence? Section 1 says the highways authority can build you a drop kerb or impose “reasonable conditions.”

www.legislation.gov.uk/ukpga/1980/66/section/184/data.pdf

And the 1988 legislation with the exemption for access to parking www.legislation.gov.uk/ukpga/1988/52/section/34?view=plain

@itwasjustresting the only knob is the person who thinks its okay to break the law and drove over a pavement to park on their so called driveway.

A person who parks legally on the road infront of said knobs house has done nothing wrong.

Knob should of parked their car on the road outside their house instead and therefore can come and go as they please, instead of being 'blocked in'.

Shouldn't be a knob in the first place and think they are above the law. Pay thr money and get a dropped kerb is its so important.

For completeness and entertainment value, the 1835 statute. Keep your swine off the pavement

highway Act 1835

72 Penalty on persons committing nuisances by riding on footpaths, &c.

If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon;every person so offending in any of the cases aforesaid shall for each and every such offence forfeit and pay any sum not exceeding [F3level 2 on the standard scale], over and above the damages occasioned thereby.”

www.legislation.gov.uk/ukpga/Will4/5-6/50/section/72?view=plain

[quote cyclingmad]@itwasjustresting the only knob is the person who thinks its okay to break the law and drove over a pavement to park on their so called driveway.

A person who parks legally on the road infront of said knobs house has done nothing wrong.

Knob should of parked their car on the road outside their house instead and therefore can come and go as they please, instead of being 'blocked in'.

Shouldn't be a knob in the first place and think they are above the law. Pay thr money and get a dropped kerb is its so important.[/quote]
So grass them up to the council and let the proper authorities deal with it. Or do you go round wheelclamping people who park in Parent & Child spaces without a child in the car too?

Also it’s “ should have”, not “should of.” Since you’re such a stickler for correctness.

@Itwasjustresting

Also it’s “ should have”, not “should of.” Since you’re such a stickler for correctness.

Well said, itwasjustresting!

@itwasjustresting no I just follow the law of the land like every good citizen of this country should

Here, have a halo.

There are lots of reasons why someone may not have a dropped kerb - maybe they rent the house? - and I cannot fathom being such a small-minded bigot that I would actively seek to make their life more difficult by choosing to block them in.

But you do you.

@Itwasjustresting

Well, they're renting a house without a driveway then.

@Itwasjustresting

Here, have a halo.

There are lots of reasons why someone may not have a dropped kerb - maybe they rent the house? - and I cannot fathom being such a small-minded bigot that I would actively seek to make their life more difficult by choosing to block them in.

But you do you.

Its not blocking someone in, what part of that do you not understand. Its perfectly legal to park on the road where there is a kerb unless there are yellow lines or signs stating otherwise.

If someone chooses to break the law and park a car on by driving over the pavement thats on them. A person coming along and parking legally infront of that house is not blocking someone in. You cannot claim to be blocked in if you shouldn't be parking your car on a patio in the first place!

End of the day if you want to park your car on a driveway get the kerb dropped otherwise tough luck if someone comes along and parks infront legally.

@ShutUpAlex

It’s a drive I front of a garage. Yes you would be a dick head if you parked across it.

I think you’ll find that someone who decides to build a garage and driveway but not go to the trouble of actually ensuring they have approval for a dropped kerb to be put in, then pay for said dropped kerb, is the dick head.

In our street no one has a driveway, there isn’t enough width for cars to drive up the pavement onto the front gardens. One side of the street has parking ‘bays’ all the way down. The other side, my side, park on the actual road. However, one person at the end of the street decided to dig up her front garden to put a parking space for her van. She has to cross the ‘bay’ and obviously expects the space in front of her ‘driveway’ to be kept clear. It’s not gone down well as there’s always difficulty finding a space on the street. Oh how I laughed when she couldn’t get off her ‘drive’ one day because someone had parked their van over the road directly opposite it, and there wasn’t enough room to angle her van out.

There are lots of reasons why someone may not have a dropped kerb-maybe they rent the house?

Well, if they wanted a driveway, they would be perfectly entitled to choose a house with a driveway instead then.

Enfield council put bollards up on the pavement blocking access to a 'parking area' on your property if you haven't got permission for a dropped curd and fail to stop cars illegally crossing the pavement.
This is from their website. "If you do not apply but you have a parking area on your property, you will need to email [email protected] to tell us how you will stop vehicles from illegally crossing the pavement to your parking area after the works are done. If you do not do this, we may put up bollards outside your property to stop access. There will be a charge to have the bollards removed if you decide to apply for a dropped kerb for vehicles at a later date."

Whatever the legal circumstances, if somebody is willing to designate a part of their own private property for parking and then keep their vehicle(s) on it, rather than blocking off a big space on the highway for hours/days/weeks on end and impeding the flow of traffic, by (legally) parking on it, surely that's a good thing and something to be encouraged by local councils, isn't it?

Ideally, nobody would be parking on the road near their home at all, except for those who physically have nowhere on their own property where they could possibly/practically park their vehicle.