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Original poster

Parking across a driveway with NO dropped kerb...

20 replies

Flamesparrow · 15/10/2007 07:49

Can I?

The house is either empty or no car (no-one comes when you knock either).

They have dropped the kerb near to us and taken 2 parking spaces doing it (really because one of the cars parked there is a clapped out truck that hasn't moved in 12 months, but if I park in front of it, I'm in the wrong!), parking has always been hard round here but now it is ridiculous.

What is my legal position for parking across an empty driveway with no dropped kerb?

OP posts:

NannyL · 15/10/2007 09:07

think id be parking in front of the truck

i used to liv near a school and people would block our drive (cause it was only for 15 mins )

Was always the same 2 or 3 people, so my neighbour was SOOOOO pissed off he drove to their houses, blocked their drive, took the dog for a walk and then said oh its ok its only for half an hour.

Original poster

Flamesparrow · 15/10/2007 09:18

I parked in front of non-moving cars before (we had lived there for 12 months, these cars had NEVER moved and had all mud etc piled up under the wheels where you could see they hadn't moved) - they stuck some note across my windscreen with oily stuff that never came off no matter what cleaning products we used .

This isn't a blocking a used drive situation (so the 15 mins for school which IS crappy), it is a no car ever there situation.

OP posts:

Freckle · 15/10/2007 09:21

I would say that you can park there legally with impunity as it is illegal to drive over a pavement to a driveway without a dropped kerb (so presumably the driveway isn't legal). However, you may then have to deal wtih the owner of the house - and they may not be concerned with legalities.

Is the clapped out truck taxed?

ADragonIs4LifeNotJustHalloween · 15/10/2007 09:25

I'd report the clapped out truck for a start.

Freckle is right though, legally they are not allowed to drive across the pavement to access their drive if there is no dropped kerb. Also, you are allowed to park across a dropped kerb if you are not preventing someone from leaving their property.

MaureenMLove · 15/10/2007 09:40

You're not allowed to park over a drop kerb at all anymore. My neighbour got a parking ticket, parking over his own drop kerb, whilst having some work done to the front of the house!

pooka · 15/10/2007 09:43

You can park in front of a dropped kerb if there is no yellow line to prevent you and so long as you are not blocking someone in.
WRT non-dropped kerbs, it is an offence under the Highways Act to cross a pavement in a car where the pavement has not been dropped, so if they are using the hardstanding at the front of the house to park, you should contact your local highways agency (local council if not a red-route) and ask them to investigate.

jalopy · 15/10/2007 09:48

I believe if the kerb is properly dropped, you can't park there. If it isn't dropped, then you can.

If the clapped out truck is on the owner's driveway, it's safe.

If it's untaxed and on the roadside, it can be reported.

I think that's right.

Original poster

Flamesparrow · 15/10/2007 09:53

Oooh all good information here!!!

I remember some b*stard when I was pregnant with DD... I took my car to the garage, and the mechanic put it in a nearby road for me so I didn't have to try and reverse out of his forecourt (a nightmare at the best of times, let alone 8 months pregnant and huge). He parked in front of a non-dropped kerb, no car on the driveway.

The guy who's house it was decided to park as close to my bumper as possible without touching it, and then came out and hurled abuse at me when I tried to get my car. Mechanic did apologise lots for getting me in the situation.

Nothing I can do w/r the clapped out truck - tis on a private driveway.

OP posts:

MaureenMLove · 15/10/2007 09:54

Ultimately FS, whether you're in the right or wrong about where you park, you've got to think of the backlash from them. If they're gonna get nasty, I think its something you'll have to put up with. I would check the tax disc on the truck though!

pooka · 15/10/2007 09:58

It annoys me so much when people just start parking on their front gardens willy nilly. Costs the Council a fortune to repair broken pavements when people drive over them/park on them without proper reenforcement and also means pedestrians walking along the pavement can never be quite certain about which areas of the pavement are in dual-use.

Honestly, as far as I am aware and unless there has been a change in the parking regulations in the last couple of years, you can park in front of a dropped kerb, legally (though not morally IMO) unless there is a yellow line parking restriction (in which case the coucnil would ticket) or a car on the driveway (in which case it would be a police matter - alhtough unusual for them to get involved).

MaureenMLove · 15/10/2007 09:58

Oh ok, don't bother with the tax disc!
BTW Pooka the Highway code says, don not stop or park over a drop kerb. It doesn't matter whether there's a car parked on the drive or not.

MaureenMLove · 15/10/2007 10:02

Actually, it doesn't say it quite like that! Its says don't stop or park over a kerb that has been lowered for wheel chair or mobility vehicle access and also don't stop or park over an entrance to a property. Either way, it amounts to the same thing!

pooka · 15/10/2007 10:03

Ahhh - but would be police enforceable rather than by the parking attendants, so unlikely to have repurcussions unless the police came out (which IME tends not to happen as they can be pretty busy [wink}). Sorry - was concentrating too much on what powers the parking attendants employed by the Council have rather than the law.

I never do it anyway - get furious when people do it at my mother's house because it's sooooo rude! But alas she has no yellow line so the Council won't do anything.

Freckle · 15/10/2007 10:04

I found this on a website:

The Traffic Management Act 2004 brought in some little known changes to the law.

It's now illegal to park next to a dropped kerb, for instance. Exceptions are:

When you're in a parking space
When you're parked outside residential premises with the consent of the occupier of the premises -- as long as you're not paying for parking.
When loading or unloading for 20 minutes or less.
Works such as gas and water, or road works.
It's an armed forces vehicle -- so a parking a tank across your neighbour's driveway is OK

So perhaps you should invest in a tank, FS .

Boogalooblue · 15/10/2007 10:07

As the house occupier you have a legal right to be able to gain entry and exit to and from the Queens highway and your house.

We owned a house where we were regularly blocked in, I used to phone the police to get the cars ticketed .

Don't know the rules and regulations if your kerb isn't dropped, ours was.

Original poster

Flamesparrow · 15/10/2007 10:36

Ooh a tank sounds FUN!

Would a carseat fit?

OP posts:

bikerboy · 26/09/2015 01:35

nextdoor drive across my drive to access there garden, i parked my motorbike outside my drive then told me to move it because they could not get out, they dont have a dropped curb but he has said he is putting a drive in his garden but not a dropped curb whos right?

Blu · 26/09/2015 10:08

The dropped kerb: was that approved and done by the council, or a DIY job by the residents?

bikerboy · 26/09/2015 10:25

my dropped curb was already here when the houses were built
it overlaps his house by 1/2mtr

lljkk · 26/09/2015 10:31

great ZOMBIE revival this thread

Bikerboy: talk to the council, I doubt your neighbour has right of access to your drive.

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