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Original poster

Parking bay disaster

93 replies

newhouse12345 · 09/08/2023 16:28

Hi all, NC because of previous posts

We recently bought a property and having lived here for 2 months, we have been informed by the council that our drive isn't official and the council are going to install a parking bay across our drive.

We have a drive for 2 cars, which is paved and is identical to our neighbours. The kerb is very low profile so you wouldn't know by sight that ours is any different. But the neighbours got the official sign off years ago, and apparently ours didn't! The rule have changed now, so we don't qualify to apply for one!!

Now we are stuck with a driveway that we cant make official and will potentially be blocked by a single parking space.

The council consulted with the owner in April- when we were in the process of purchasing the property.

I'm frustrated that this wasn't flagged when we purchased it. All the house documents claim that it has off street parking and there was no mention of council consultation on any local issues.

Is it just one of those things? Should we have been more thorough? Either way I'm annoyed as off street parking was part of the appeal of the property.

OP posts:
PillowsAndDreams · 09/08/2023 21:36

Our neighbours applied and got approval before the regulations were changed. Even though our properties and drives are identical (terraced houses) the rules have now changed and our drive doesn't met the desired dimensions

So have your neighbours got a dropped curb or not?

Calmdown14 · 09/08/2023 22:11

You could ask the council for all previous correspondence sent in regard to your address. It may be useful for building a case that your seller was clearly aware of the issue.
It also seems unfair that you were unable to make any representation on the matter because the correspondence did not reach you as the buyer.

Original poster
newhouse12345 · 09/08/2023 22:31

PillowsAndDreams · 09/08/2023 21:36

Our neighbours applied and got approval before the regulations were changed. Even though our properties and drives are identical (terraced houses) the rules have now changed and our drive doesn't met the desired dimensions

So have your neighbours got a dropped curb or not?

Yes, all neighbours in our vicinity have got legal dropped kerbs. Our property looks identical but doesn't have the same approval. So a parking space will be installed across the front of our house.

There are multiple properties on our road and the wider estate that are in the same position as us.

Because the rules have changed over time, some houses have previously been granted legal dropped kerbs, but identical properties are now not eligible.

We would happily pay to get the approval. But we can't even fill in the online application because it asks for your front garden dimensions and ours don't qualify.

OP posts:
Original poster
newhouse12345 · 09/08/2023 22:39

Calmdown14 · 09/08/2023 22:11

You could ask the council for all previous correspondence sent in regard to your address. It may be useful for building a case that your seller was clearly aware of the issue.
It also seems unfair that you were unable to make any representation on the matter because the correspondence did not reach you as the buyer.

I think this will be my next step.

I need to see what my solicitor says. I have the feeling there isn't any reasonable recourse for this situation.

We are planning to live here for a long time, so I'm not initially worried about the resale aspect. I'm more concerned that we are going to have daily struggles to park/ not get blocked in etc.

Only residents really park here and neighbours wouldn't park across our drive! Especially as most of them have driveways themselves. Obviously you might get the odd visitor etc. but we aren't near shops or anything so it might not be a huge issue in practice. BUT, we bought a house with a drive because we have young children etc. so it's really not ideal!

OP posts:
apapuchi · 09/08/2023 22:45

I don't want to be a pain but can you post a diagram? I'd be inclined to argue it with the council and try to get the dropped kerb, based on the facts of off-street parking benefitting everyone, small children and associated risk, previously made decisions on identical houses etc. It may not work but I'd try my hardest. Could you involve your local councillor or MP as others have suggested?

Of course the other option is to pursue the previous owner for misrepresentation, which would also be worth exploring, but won't solve your actual problem.

Sorry you're going through this, stressy!

GrannyAchingsShepherdsHut · 09/08/2023 22:51

I'm a bit confuse why your drive has to be 7.5m wide to qualify? That's bloody massive! Do you mean feet, not metres?

Even if it's feet, that's big enough for one car easily, surely? If it won't let you do the form for a double drive at the width you've got, can you apply for a single drive and then just park 2 cars on it?

HateTheView · 09/08/2023 22:58

I'd be very annoyed if I were you. Not helpful, I know!

I don't understand why your solicitor didn't flag this up.

My house was listed with a driveway. My solicitor flagged up that it didn't have an official (or whatever the terminology is) dropped kerb. We still bought it and immediately applied for the dropped kerb.

Redburnett · 09/08/2023 23:03

Isn't this the sort of thing that searches should have identified? Check what your solicitor got from searches.

HateTheView · 09/08/2023 23:06

7.5metres does seem a bit mad. Here it's 6m if you have to park parallel to your house. If you can reverse on/park forwards then the width is only 2.4 metres. Though you have to have 6m depth.

Original poster
newhouse12345 · 10/08/2023 08:23

GrannyAchingsShepherdsHut · 09/08/2023 22:51

I'm a bit confuse why your drive has to be 7.5m wide to qualify? That's bloody massive! Do you mean feet, not metres?

Even if it's feet, that's big enough for one car easily, surely? If it won't let you do the form for a double drive at the width you've got, can you apply for a single drive and then just park 2 cars on it?

This is from the council website. You need 7.2m frontage for visibility.
Although our neighbours have the exact same plot as us.

We can't even apply/ talk to someone about it because you have to submit your front garden dimensions and we don't meet them.

Parking bay disaster
OP posts:
Original poster
newhouse12345 · 10/08/2023 08:35

HateTheView · 09/08/2023 23:06

7.5metres does seem a bit mad. Here it's 6m if you have to park parallel to your house. If you can reverse on/park forwards then the width is only 2.4 metres. Though you have to have 6m depth.

That's similar dimensions to here for the hard standing. But you have to have a visibility splay of 2.4m each side.

We have the depth. You can park a transit van comfortably on the drive with no overhang. But we don't have the width they require

All the houses like ours are in the same position.

Iv read the minutes from the last meeting and to add insult to injury, the council sent letters explaining the installation of parking bays and encouraged people to apply for dropped kerbs, even though none of the houses qualified. All just seems very pointless to me.
They won't gain any net parking spaces and will piss off lots of residents. I'm not sure what the gain will be 🤷🏻‍♀️

OP posts:
StillWantingADog · 10/08/2023 08:41

I think you need to be very direct with the solicitor and ask why they did not pick this up. I’m not sure the sellers solicitor is at fault at all, though the seller could be if he misrepresented something (though as pp suggested this could be difficult to prove)

Original poster
newhouse12345 · 10/08/2023 08:50

StillWantingADog · 10/08/2023 08:41

I think you need to be very direct with the solicitor and ask why they did not pick this up. I’m not sure the sellers solicitor is at fault at all, though the seller could be if he misrepresented something (though as pp suggested this could be difficult to prove)

I do remember the solicitor asking about the parking.
They had asked the seller for the drop kerb documents but he was 'struggling to find them' amongst lots of other things. He was very difficult, so this was lost in bigger things.
The solicitor asked me if it was in-keeping with the road, which it is. And if we had any concerns, which we didn't.

Iv checked the TA6 and they have said 'the property has driveway parking for 2 cars'

OP posts:
bestbefore · 10/08/2023 08:59

I'd definitely be contacting local councillors and local residents to join the fight. Sometimes the local council officials do things which the local councillor doesn't agree with and they can help. Or even the MP.
Also why does it have to be so wide?

ActDottie · 10/08/2023 09:05

Your solicitor should’ve picked this up. When we purchased our first house it had a drive and dropped curve but the owners couldn’t prove it was official so we took out an indemnity insurance.

StillWantingADog · 10/08/2023 09:14

They had asked the seller for the drop kerb documents but he was 'struggling to find them' amongst lots of other things
Surprise surprise. This should have rung alarm bells with you (and the solicitor) but I can see how it might have looked minor in comparison to other things. It's exactly what a solicitor is paid to flag up though.

Iv checked the TA6 and they have said 'the property has driveway parking for 2 cars'
this could be technical misrepresentation here if the kerb was never official.

But at the end of the day I think you are more bothered about the right to park than compensation? Your better bet re the former is to join in with the other neighbours opposing. Councillors and sometimes MPs love stuff like this as they can be the 'good guy' and shout about it on social media. Totally unclear how the council could benefit. If there was a proper consultation, surely none of the residents were in favour?

Original poster
newhouse12345 · 10/08/2023 09:28

StillWantingADog · 10/08/2023 09:14

They had asked the seller for the drop kerb documents but he was 'struggling to find them' amongst lots of other things
Surprise surprise. This should have rung alarm bells with you (and the solicitor) but I can see how it might have looked minor in comparison to other things. It's exactly what a solicitor is paid to flag up though.

Iv checked the TA6 and they have said 'the property has driveway parking for 2 cars'
this could be technical misrepresentation here if the kerb was never official.

But at the end of the day I think you are more bothered about the right to park than compensation? Your better bet re the former is to join in with the other neighbours opposing. Councillors and sometimes MPs love stuff like this as they can be the 'good guy' and shout about it on social media. Totally unclear how the council could benefit. If there was a proper consultation, surely none of the residents were in favour?

Your right it should have been a red flag, but we didn't have any reason to suspect a problem.
He didn't know loads of things about the property, like the access code to the back shared access or which boundary he had to maintain. At the time it just seemed like another thing he didn't know about. Obviously in hindsight I wish we'd do more checks.

I can't help but feel that the council are going to do whatever they want, regardless of what anyone says

OP posts:
calmcoco · 10/08/2023 12:23

They had asked the seller for the drop kerb documents but he was 'struggling to find them' amongst lots of other things. He was very difficult, so this was lost in bigger things.
The solicitor asked me if it was in-keeping with the road, which it is. And if we had any concerns, which we didn't.

Iv checked the TA6 and they have said 'the property has driveway parking for 2 cars'

Oh dear. What the hell was your solicitor doing? It is their job to raise the concerns. If the paperwork was missing, the solicitor should have flagged the risks, surely?

Rollercoaster1920 · 10/08/2023 14:09

For the resident's group ask how the council would assess joint applications by two houses. One house has enough space one side, the other house has enough the other. Might be a way for residents to get off street parking and the council to be seen to be applying the rules.

You solicitor was very poor if they didn't insist on evidence on the dropped kerb being approved.

TakenRoot · 10/08/2023 21:52

They had asked the seller for the drop kerb documents but he was 'struggling to find them'

So basically he lied. If he said he couldn't find them, he was saying they existed. whereas he had never officially applied.

Redglitter · 10/08/2023 21:57

lljkk · 09/08/2023 18:36

diagram please

Why? It's very clear from the OPs post what the situation is

lljkk · 10/08/2023 22:40

It's like this, the OP is in the orange house with the only dotted parking space in the area being directly in front of her property (which I put in blue with red ends). There are no other parking spaces in front of nearby houses because every one else has done the council paperwork to not have parking spaces in front of them.

Parking bay disaster
rcat74 · 10/08/2023 22:45

I haven’t done conveyancing for years but this is surely the sort of thing that the local search should show up. Ask to see a copy of that from your file.

Gothambutnotahamster · 10/08/2023 23:00

Your solicitor is at fault here Op. That said, I'd get together with other local affected residents and kick up as much of a stink as possible. Like you say, they're gaining one space but losing two, so it's not in anyone's interest for you to lose your access to your driveway. If you kick up enough of a fuss, they might stop their plans. Good luck!

CellophaneFlower · 11/08/2023 07:32

lljkk · 10/08/2023 22:40

It's like this, the OP is in the orange house with the only dotted parking space in the area being directly in front of her property (which I put in blue with red ends). There are no other parking spaces in front of nearby houses because every one else has done the council paperwork to not have parking spaces in front of them.

Oh, so you knew what was going on all along 👏