Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)
+ Reply to Thread
Results 1 to 17 of 17
  1. #1
    Basic Account Holder jamieleeuk Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2009
    Posts
    53

    Default Dropped Kerb

    Can I be ticketed for parking in front of my own drive on the dropped kerb?
    I haven't been, but just wondered if I could be?


  2. #2
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    a sort of fire-fighting role here. Hate HFC & their compulsory PPI ethos
    Posts
    67,533

    Default Re: Dropped Kerb

    why do you think this will be an issue?

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

    Start Your Own Thread - HERE

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


    DX
    RIP Martin3030
    Follows
    0
    Following
    0

  3. #3
    Basic Account Holder royalscot Novitiate royalscot's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2009
    I am in
    green hills of tyrol
    Posts
    397

    Default Re: Dropped Kerb

    Quote Originally Posted by jamieleeuk View Post
    Can I be ticketed for parking in front of my own drive on the dropped kerb?
    I haven't been, but just wondered if I could be?
    I would say yes Jamie , because you would be causing an obstruction to the general public on a pavement meant for pedestrians
    The pavement would be the property of the local council even although you have went to the expense of dropping the kerbs to gain access to your property .

    regards

    rs


  4. #4
    Premium Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    May 2007
    I am in
    Muckle Flugga
    Posts
    32,559

    Default Re: Dropped Kerb

    Quote Originally Posted by royalscot View Post
    I would say yes Jamie , because you would be causing an obstruction to the general public on a pavement meant for pedestrians
    The pavement would be the property of the local council even although you have went to the expense of dropping the kerbs to gain access to your property .

    regards

    rs
    I think the OP means on the road alongside the D/Kerb.

    Anthrax alert at debt collectors caused by box of doughnuts

    Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

    Vir prudens non contra ventum mingit


    17 Port & Maritime Regiment RCT
    Follows
    0
    Following
    0

  5. #5
    Basic Account Holder royalscot Novitiate royalscot's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2009
    I am in
    green hills of tyrol
    Posts
    397

    Default Re: Dropped Kerb

    Quote Originally Posted by cerberusalert View Post
    I think the OP means on the road alongside the D/Kerb.
    Im sure the OP said he was parked ON the dropped kerb .

    Anyway here`s the answer to his question ...
    From 1 June 2009, as a result of Regulations made under the Traffic
    Management Act 2004, all councils in England and Wales have powers to
    introduce blanket Special Enforcement Areas covering vehicles that park on
    dropped kerbs or double-park without a requirement to provide specific traffic
    signs or road markings. These Regulations do not apply to Scotland
    regulations.

    and this from DIRECTGOV...
    244

    You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

    [Law GL(GP)A sect 15]



    regards

    rs

    Follows
    0
    Following
    0

  6. #6
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    crem Highly informative crem Highly informative crem Highly informative crem Highly informative crem Highly informative crem Highly informative crem Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    5,220

    Default Re: Dropped Kerb

    I think the OP means parking on the road, in front of the dropped kerb which presumably only provides access to his own driveway. In which case the answer would be no.

    The council/police would generally only enforce on a dropped kerb which has been dropped to allow pedestrian/wheelchair access on or off the roadway. To enforce on a dropped kerb which only allows access to a private drive the council/police would normally require a complaint from the homeowner that their drive was blocked, and even then, they may not get any help unless they are trapped inside their drive unable to get off, (in which case the police could class it as obstruction as you can no longer go about your lawful business).

    If you are trapped outside your property then that is "unfortunate", but is not stopping you from going about your business.


  7. #7
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    8,284

    Default Re: Dropped Kerb

    Quote Originally Posted by crem View Post
    I think the OP means parking on the road, in front of the dropped kerb which presumably only provides access to his own driveway. In which case the answer would be no.
    Unless of course there is a restricion there, the exemption does not apply if there is a yellow line.


  8. #8
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    crem Highly informative crem Highly informative crem Highly informative crem Highly informative crem Highly informative crem Highly informative crem Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    5,220

    Default Re: Dropped Kerb

    True G&M, but I don't think the OP would have asked the question in the fashion he did if there was a yellow line outside his house. But for the perpose of clarity, it would help if the OP could be more specific about the circumstances. i.e. does he mean parking on the road or on the pavement? Are there any lines (be they yellow or white zigzags)? Is the dropped kerb for his drive only or is it a shared entrance? etc


  9. #9
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    8,284

    Default Re: Dropped Kerb

    Quote Originally Posted by crem View Post
    True G&M, but I don't think the OP would have asked the question in the fashion he did if there was a yellow line outside his house. But for the perpose of clarity, it would help if the OP could be more specific about the circumstances. i.e. does he mean parking on the road or on the pavement? Are there any lines (be they yellow or white zigzags)? Is the dropped kerb for his drive only or is it a shared entrance? etc
    I only added it as I know of a couple of occasions when people have thought they could even on a single yellow, daft I know but it happens!


  10. #10
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    lamma Highly informative lamma Highly informative lamma Highly informative lamma Highly informative lamma Highly informative lamma Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2008
    Posts
    7,597

    Default Re: Dropped Kerb

    lots of exceptions to the prohibition whereby you can block your own dropped kerb - and so can others that you have given permission to.

    http://www.legislation.gov.uk/ukpga/2004/18/section/86

    G&M must have forgotten to balance his yellow line comment with something that would inform and assist you so I have balanced it for you.


  11. #11
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    8,284

    Default Re: Dropped Kerb

    Quote Originally Posted by lamma View Post
    lots of exceptions to the prohibition whereby you can block your own dropped kerb - and so can others that you have given permission to.

    http://www.legislation.gov.uk/ukpga/2004/18/section/86

    G&M must have forgotten to balance his yellow line comment with something that would inform and assist you so I have balanced it for you.
    Talking rubbish again are we?? If there is a yellow line none of your wonderful exemptioms apply so how does that balance anything out? If you insist on having a childish dig at me at least try reading the thread properly first before posting garbage. We have already established the OP can park on his own drop kerb I was just being helpful and warning him it did not apply if there was a yellow line but of course that is in some way not helping anyone in your strange warpred mind!


  12. #12
    Basic Account Holder B & T Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2010
    Posts
    42

    Default Re: Dropped Kerb

    Quote Originally Posted by crem View Post
    The council/police would generally only enforce on a dropped kerb which has been dropped to allow pedestrian/wheelchair access on or off the roadway. To enforce on a dropped kerb which only allows access to a private drive the council/police would normally require a complaint from the homeowner that their drive was blocked, and even then, they may not get any help unless they are trapped inside their drive unable to get off, (in which case the police could class it as obstruction as you can no longer go about your lawful business).

    If you are trapped outside your property then that is "unfortunate", but is not stopping you from going about your business.
    Below are extracts from the Nottingham City Council website relating to dropped-kerbs which may be of interesticon.
    Other Councils may/may not have a similar service in place.
     
    .........citizens will also be able to contact Parking Services for help if a vehicle is blocking a dropped crossing prevent them getting on / or off their own property.

    If a vehicle is blocking my drive what do I do?
    1) If your driveway or home is blocked by a vehicle parked over a dropped crossing, please call Parking Services hotline on: (0115) 915 6655 to complain.
    2) Parking Services will need to see if a Civil Enforcement Officer is available to attend.
    3) A Civil Enforcement Officer will need to see a vehicle parked over a dropped crossings for 20 minutes, checking that the property has the correct dropped kerb and recording details of the vehicle parked and those of the person who is complaining.
    4) A Penalty Charge Notice (fine) will be issued and the vehicle could be towed away.
     
    I wonder if this is a 24/7 service....., personally I doubt it.


  13. #13
    Basic Account Holder jamieleeuk Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2009
    Posts
    53

    Default Re: Dropped Kerb

    HI,

    Apologies, v busy weekend.

    Kerb dropped outside my house for my own access only onto driveway.

    There is a single yellow line on the road where my kerb is dropped to restrict parking between certain hours.

    Was just wondering that, outside the restricted times, if someone were to be arsey (like I know them to be) and they were to phone up and complain someone was blocking their driveway (when in fact it is my car outside my own dropped kerb) - could I be ticketed for parking over my own drive?

    You may be wondering why the hell am I parking on the roadside instead of on the drive now the kerb has been lowered? Simples... the council c0cked up bad and haven't been back to fix the mess they have made of the dropped kerb/tarmacing and so for the mean time I am stuck to parking on the roadside still.

    Thanks for your responces. Very helpful.


  14. #14
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    8,284

    Default Re: Dropped Kerb

    Quote Originally Posted by jamieleeuk View Post
    HI,

    Apologies, v busy weekend.

    Kerb dropped outside my house for my own access only onto driveway.

    There is a single yellow line on the road where my kerb is dropped to restrict parking between certain hours.

    Was just wondering that, outside the restricted times, if someone were to be arsey (like I know them to be) and they were to phone up and complain someone was blocking their driveway (when in fact it is my car outside my own dropped kerb) - could I be ticketed for parking over my own drive?

    You may be wondering why the hell am I parking on the roadside instead of on the drive now the kerb has been lowered? Simples... the council c0cked up bad and haven't been back to fix the mess they have made of the dropped kerb/tarmacing and so for the mean time I am stuck to parking on the roadside still.

    Thanks for your responces. Very helpful.
    Technically you can get a pcnicon which you would then have to appeal and would as the householder get cancelled but most Councils check the complaint against the electoral role to cut down the chances of someone trying it on, obviously if they pretended to be you that would not work. At the end of the day if its outside hours of the SYL you can park there if its a residential address and you live there if you do get a PCN for some unlikely reason it would ultimately get cancelled.


  15. #15
    Basic Account Holder jamieleeuk Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2009
    Posts
    53

    Default Re: Dropped Kerb

    Cheers G&M.
    The garage over the road scares me, had plenty run ins with them already for parking their cars in front of house etc and with this dropped kerb I have taken 2 spaces away from them - hence the hypothetical scenario - thanks for clearing up.


  16. #16
    Basic Account Holder B & T Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2010
    Posts
    42

    Default Re: Dropped Kerb

    Quote Originally Posted by green_and_mean View Post
    Technically you can get a pcnicon which you would then have to appeal and would as the householder get cancelled but most Councils check the complaint against the electoral role to cut down the chances of someone trying it on, obviously if they pretended to be you that would not work. At the end of the day if its outside hours of the SYL you can park there if its a residential address and you live there if you do get a PCN for some unlikely reason it would ultimately get cancelled.
    .....not forgetting an appeal for the refund of the paid PCN AND the towing charge in the event that the vehicle is towed away.


  17. #17
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    lamma Highly informative lamma Highly informative lamma Highly informative lamma Highly informative lamma Highly informative lamma Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2008
    Posts
    7,597

    Default Re: Dropped Kerb

    Quote Originally Posted by green_and_mean View Post
    Talking rubbish again are we?? If there is a yellow line none of your wonderful exemptioms apply so how does that balance anything out? If you insist on having a childish dig at me at least try reading the thread properly first before posting garbage. We have already established the OP can park on his own drop kerb I was just being helpful and warning him it did not apply if there was a yellow line but of course that is in some way not helping anyone in your strange warpred mind!
    Just balancing your imagined yellow line (turns out there was one ! but that was unknown at the time)
    but the yellow line issue IF it existed had at had been agreed earlier in the thread.

    (you failed to mention if it was red route or a DYL )

    what wasn't in the thread was the full information for the exemptions.
    Links to the complete legislation are now 'rubbish' are they

    and you accuse me of having a 'strange warped mind'.

    too touchy by far G&M. Just try to balance things out a tad. This is a help forum.

    and stay cool.



Viewing CAG on a small screen? Switch to the mobile version of the site

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE