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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Dropped kerbs - how to enforce?


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Hi all, Wonder if you can help me regarding the legality and enforceability of dropped kerbs. I have out the front of my house, a garage, and just to the side of it there is what I can only describe as a drive - although it looks like an extension of a footpath, it is actually my property. Both have a dropped kerb in front of them. My issue is that I regularly have two cars at the property, and so I park one on the "drive" then the other over the front of the dropped kerb over the front of both drive and garage. However, a visitor to one of the neighbours regularly parks across the dropped kerb of both when I am not in, meaning that I come back and I am unable to park in what I feel (perhaps wrongly?) is an area that only I should be allowed to block off. A quiet word to the neighbour resulted in the car being moved on that particular occassion, but the very next day was blocked again - in fact, this time actually blocked my car in on the drive. If it makes any difference, the person doesnt park ON my property, merely just in front blocking the dropped kerbs. I do have a picture that I can attach if need be! Any advice appreciated - even if it is "nope sorry nothing you can do!".

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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What I should also say is that I am not even sure that it classes properly as a dropped kerb, as it is a very steep "drop".

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I should add as well (sorry!) that I have no grudge or issue with the neighbours, and to be fair to them the drive area in particular really isnt clear with regards it being private property. All I want to know is how, should it get to that stage, I can try and legally prevent them from parking there. All I want is access to my property, nothing more :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I seem to remember reading on here in the past that, if a car is blocked in on a driveway, then you can ask for the vehicle doing the blocking in to be removed for obstruction but, if there isn't a car on the driveway, you cannot request a blocking car is removed.

 

No idea about the situation with the other area you mention other than to ask if it is shown on the deeds of the property as belonging to the property. If so I would assume the same stands as for the actual driveway in front of the garage.

 

Regarding the dropped kerbs - are there parallel dropped kerbs on the oppsite side of the road which would prevent anyone, including yourself, from parking across them? Or are they simply dropped for the purpose of accessing the garage/driveway of the property?

 

Sorry I can't offer any further advice but others will be along soon enough to give more knowledgeable advice.

 

Feebee_71

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Thats fine Feebee I appreciate your input. they are simply kerbs to allow access to the garage and driveway - there is no kerb across the other side of the road. I believe my local council refers to these as "crossovers" or "motor crossings" rather than dropped kerbs per se..whether there is any legal difference I have no clue ;) Should add as well, yes both areas are shown on the deeds as being my property.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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The problem you would have is, and restriction on parking would apply to you too. If, for instance, you had a yellow line there, you would be unable to park yourself.

 

You could ask the council to install a single white line across the drop kerb. Cars can still park there and block you out - but if you are blocked IN by a car on the white line, you can report it and have it towed (not that this would do neighbour relations much good!). But more importantly, most drivers don't want to risk parking on a white line as they are never 100% sure of what it means - so it would deter them from parking there at all, which might just resolve the problem.

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i also belieeve you phone and get them ticketed if they do park across, regardless if you are there or no.

 

there is a recent thread on dropped kerbs and that explains it.

 

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As far as I can remember from working in the Police, a vehicle may park across a drop kerb, providing that when the person(s) using the drive wish to enter or leave the parking area, the Vehicle MUST move, but can then return to that space, as long as it is safe to do so.

If someone is parked across the drop kerb, and you request that they move and they refuse, then they commit an offence, where you may then call the police (NOT ON 999) and request assistance for Obstruction. But I will warn you that it will be be VERY VERY low down on priorities for police to do. We used to treat them as bottom of the list jobs.

You do not own the piece of road in front of you drop kerb, this is PUBLIC road, you do not even own the drop kerb that is owned by Highways or Local council, you only own the driveway from the Curtailage of your property to your house. If the road outside your house has yellow lines or has parking restrictions on they must be obeyed otherwise the vehicles owner may be procesecuted for breaching the parking restrictions.

 

Many people also forget that if you park on the Greensward out side your house (this is the area between your property boundry and the roadside, grass, flowerbeds, tarmac, pathways) you may well get a ticket, unless it is permitted by the council and as far as I can remember it has to be on your house deeds as well.

 

Another thought of advice as well is that if you park with your vehicle half on the roadway and half on the greensward or pavement, even if you leave sufficient space for a pram or wheelchair to pass, you may get a ticket, if there is double or single yellow lines on the road you will get a ticket under the conditions of the restrictions.

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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