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Fury Over Dropped Kerb Parking
RocketRonnieRado...
post Thu, 27 Feb 2020 - 17:07
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Well, I was going to post this in parking tickets forum but I dont think it belongs there so here goes.....

We live in a street where there are 2-3 cars per houshold and parking is very tight.

One household uses the dropped kerb out side their house to park on and this drives me nuts.
There is no white line and they never ever use the driveway that the dropped kerb is intened to provide legal access to.

So this makes everyone think that if she can park on the dropped kerb - so can everyone else - right ? I mean if the law is not enforced, whats to say a law applies to everyone else except her ? Why can she park on a dropped kerb and no one esle can ?

So my wife got home, could not find anywhere to park except this dropped kerb.

10 minutes pass and we get a knock on the door from this angry lady telling my wife that she is blocking access to her drive and to move as she wants to use here drive.

My wife goes out and moves the car and the lady does not use her drive but parks on the dropped kerb as usual.

I call the council and they tell me that the resident has every right to park on her dropped kerb !!! this is clearly contrary to what is written in the sefton council dropped kerb PDF which states -

"4.9 PARKING IN VEHICULAR CROSSING AREA
No part of a vehicle parked within a property may project on to or over the footway or carriageway.
The vehicular crossing area may not be used as a parking area and no part of it is exempted for the
purpose of footway parking.
Offenders are guilty of an offence and liable to a fine not exceeding level
3 on the standard scale (Highways Act 1980ͲSection 137). Applicant must sign a declaration of proper
crossing use prior to authorisation."

Source - https://www.sefton.gov.uk/media/271034/drop...on-criteria.pdf

So, what is the law ? Can she legally be the only person allowed to park on her dropped kerb to the exclusion of all else or is the law applicable to any vehilce ?

Why doesnt the council enforce the law ?

What can we do ?

Thank you all !

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post Thu, 27 Feb 2020 - 17:07
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mickR
post Sat, 29 Feb 2020 - 09:51
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A dropped kerb or vxo vehicle cross over is only a concession by the council and they have the power to revoke that consession.
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Mayhem007
post Sat, 29 Feb 2020 - 10:17
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I wander if they told their insurance company that's kept on a driveway...hmmm


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Richy_m_99
post Sun, 1 Mar 2020 - 12:31
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The owner of the house is probably worried that if she parks on her drive, given the lack of parking spaces available in the street, somebody is likely to block her in.

Despite is being an obvious offence to do so, I have had it done to me on several occasions. There is nothing more frustrating than to get up in the morning and find that you cannot leave your home for work because you cannot get your car off the driveway, especially at five in the morning.

Trust me, I have had to call the police and have them contact the registered keeper on several occasions. You still have to wait for the car to be moved though, which is no consolation to the guy you are relieving in work who has done a twelve hour shift and is waiting for you to arrive.
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mickR
post Sun, 1 Mar 2020 - 13:14
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Why dont you park accross your dropped kerb?
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Richy_m_99
post Sun, 1 Mar 2020 - 14:49
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QUOTE (mickR @ Sun, 1 Mar 2020 - 13:14) *
Why dont you park accross your dropped kerb?


If that was aimed at me, then

a) because my car is safer from casual vandalism/accidental damage on my drive.
b) because I told my insurance company that when parked at home it is left on a drive.

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RocketRonnieRado...
post Mon, 2 Mar 2020 - 13:52
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Well I consider myself to have been educated thank you.

The lady always parks with 2 wheels on the footpath and 2 on the road over siad dropped kerb.

I spoke to the local traffic warden about this and they said that they would look into it further but their initial thought was that she had the right to park on the dropped kerb until I showed her sefon coucils advice leaflet about dropped kerbs - now even she doesnt know.

We dont have a drive so cant have a dropped kerb. the road is suitably wide for access to the driveway which is shared between the tenants of the appartments.

Added an image of the parking for clarity
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PASTMYBEST
post Mon, 2 Mar 2020 - 13:54
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QUOTE
the road is suitably wide for access to the driveway which is shared between the tenants of the apartments.


If its a shared driveway the exemption does not apply and she cannot legally park there

This post has been edited by PASTMYBEST: Mon, 2 Mar 2020 - 13:55


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The Rookie
post Mon, 2 Mar 2020 - 14:31
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QUOTE (RocketRonnieRadox @ Mon, 2 Mar 2020 - 13:52) *
The lady always parks with 2 wheels on the footpath and 2 on the road over siad dropped kerb.

In London that would most certainly be a contravention, anywhere else unnecessary obstruction may be possible.


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stereophoney
post Mon, 2 Mar 2020 - 16:24
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QUOTE (The Rookie @ Mon, 2 Mar 2020 - 14:31) *
QUOTE (RocketRonnieRadox @ Mon, 2 Mar 2020 - 13:52) *
The lady always parks with 2 wheels on the footpath and 2 on the road over siad dropped kerb.

In London that would most certainly be a contravention, anywhere else unnecessary obstruction may be possible.


Could you not argue that where the car is parked, it's just a continuation of the carriageway as there is no defined kerb to demark it?
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666
post Mon, 2 Mar 2020 - 18:34
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QUOTE (stereophoney @ Mon, 2 Mar 2020 - 17:24) *
QUOTE (The Rookie @ Mon, 2 Mar 2020 - 14:31) *
QUOTE (RocketRonnieRadox @ Mon, 2 Mar 2020 - 13:52) *
The lady always parks with 2 wheels on the footpath and 2 on the road over siad dropped kerb.

In London that would most certainly be a contravention, anywhere else unnecessary obstruction may be possible.


Could you not argue that where the car is parked, it's just a continuation of the carriageway as there is no defined kerb to demark it?

There is a kerb. It has just been dropped, not removed altogether.
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Ocelot
post Tue, 3 Mar 2020 - 15:20
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QUOTE (The Rookie @ Fri, 28 Feb 2020 - 17:50) *
QUOTE (Ocelot @ Fri, 28 Feb 2020 - 16:44) *
Surely if there's no white line, parking there is fair game for everyone?

What significance does a white line have? (To save you looking the answer is absolutely none at all, it’s merely ‘advisory’, or more accurately designed as a deterrent).


The reason I ask is that I (and others) often park in front of a dropped kerb in my road, which has no drive (just a garden). This kerb has no white lines (whereas the ones in front of drives do, constituting marked bays, as it is a CPZ). No one has ever received any parking tickets for it.

Would this scenario also technically be inadvisable? If so, which homeowner would be permitted to park there, as the dropped kerb extends over two houses, neither of which have drives?
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thevaliant
post Tue, 3 Mar 2020 - 15:32
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QUOTE (RocketRonnieRadox @ Thu, 27 Feb 2020 - 17:07) *
Well, I was going to post this in parking tickets forum but I dont think it belongs there so here goes.....

We live in a street where there are 2-3 cars per houshold and parking is very tight.

One household uses the dropped kerb out side their house to park on and this drives me nuts.
There is no white line and they never ever use the driveway that the dropped kerb is intened to provide legal access to.

So this makes everyone think that if she can park on the dropped kerb - so can everyone else - right ? I mean if the law is not enforced, whats to say a law applies to everyone else except her ? Why can she park on a dropped kerb and no one esle can ?

So my wife got home, could not find anywhere to park except this dropped kerb.

10 minutes pass and we get a knock on the door from this angry lady telling my wife that she is blocking access to her drive and to move as she wants to use here drive.

My wife goes out and moves the car and the lady does not use her drive but parks on the dropped kerb as usual.

I call the council and they tell me that the resident has every right to park on her dropped kerb !!! this is clearly contrary to what is written in the sefton council dropped kerb PDF which states -

"4.9 PARKING IN VEHICULAR CROSSING AREA
No part of a vehicle parked within a property may project on to or over the footway or carriageway.
The vehicular crossing area may not be used as a parking area and no part of it is exempted for the
purpose of footway parking.
Offenders are guilty of an offence and liable to a fine not exceeding level
3 on the standard scale (Highways Act 1980ͲSection 137). Applicant must sign a declaration of proper
crossing use prior to authorisation."

Source - https://www.sefton.gov.uk/media/271034/drop...on-criteria.pdf

So, what is the law ? Can she legally be the only person allowed to park on her dropped kerb to the exclusion of all else or is the law applicable to any vehilce ?

Why doesnt the council enforce the law ?

What can we do ?

Thank you all !


Am I your neighbour? (Probably not, though I live in Sefton)

Can't help you, but our neighbour blocks their drive (they have three cars). One car on the drive. One in front of the house. One over the shared drive.
Its a pain for me because the drive is shared it makes manoeuvring exceptionally difficult for me, though I'm quite proud of the fact I have managed to do it every day, sometimes with some tight spots because of people who park in front of our own house too close to the start of the other side of the dropped kerb.
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cp8759
post Tue, 3 Mar 2020 - 21:43
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QUOTE (thevaliant @ Tue, 3 Mar 2020 - 15:32) *
Its a pain for me because the drive is shared it makes manoeuvring exceptionally difficult for me

You could call the council...


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