We recently had a neighbour park over the edge of our driveway

- they were asked to move their car but refused,

we called the local council who sent a parking warden on a scooter.

When he arrived he confirmed the car (shown in the photo) was over the drive BUT I thought over the edge begins at the stone that tapers down to meet the road (Point A) where as he said only the last 10cm of the car was over which is more like Point B in the photo.

Which is correct?

Also 3 days later a Police Man came to our door about the incident

- no idea where they got our details from we weren't expecting them and they were 3 days too late but I did ask the Policeman the same question and he didn't seem to know either. it would be good to get a concrete answer and have that well known.

Section 86 (1) of the Traffic Management Act 2004 provides that (In a special enforcement area) a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where the footway, cycle track or verge has been lowered to meet the level of the carriageway for one of the purposes stated in the section.

This means that the dropped kerb is the part of the kerb which meets the level of the carriageway and does not include the sloping kerbs on either side. In other words Point B

Moved to Local Authority Parking and Traffic Offences

This is not our local council but whenever I see diagrams they always show from the Point A section.

Nottinghamshire Council

elmbridge Council's advice

Can you pop your picture up as a pdf please

Read upload

Can you pop your picture up as a pdf please

Read upload

I don't see any option to upload a PDF?

I can only see the options to link to a photo or a video

I can provide a link to the two council's websites but it tells me I need to have 10 posts before I can post links

London Tribunal Case: 2160311942

This appeal was set down for a personal hearing at 10:00 am on 17 August 2016. Neither party attended.

The Authority says that the contravention occurred because the vehicle parked past the point where the kerb starts to slope. This is an incorrect understanding of the law.

Section 86 (1) of the Traffic Management Act 2004 provides that (In a special enforcement area) a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where the footway, cycle track or verge has been lowered to meet the level of the carriageway for one of the purposes stated in the section.

This means that the dropped kerb is the part of the kerb which meets the level of the carriageway and does not include the sloping kerbs on either side.

In misdirecting itself on the key and fundamental point of law when considering the Appellant's representations, there is a procedural impropriety on the part of the Authority.

I should say that by applying the correct test, I am satisfied that the Appellant's vehicle was just over the proper dropped kerb but it was so marginal that I find it to be de minimus.

I allow the appeal.

I don't see any option to upload a PDF?

 

I can only see the options to link to a photo or a video

 

I can provide a link to the two council's websites but it tells me I need to have 10 posts before I can post links

READ UPLOAD carefully!

I get this all the time, school runners park on the very edge of the flat part of our dropped curb driveway and say it's ok.

It isn't ok as it makes it impossible to turn off the drive into the road, effectively all I can do is drive backwards and forwards on and off my drive.

Very annoying and inconsiderate.