Dropped kerb question

[brizzle_queen]

Hi,
We've recently completed a building development which used to be a warehouse on a residential road. The building has five flats with an access tunnel/covered driveway down the side of the building to the car park. To get into this access tunnel there is a dropped kerb on the pavement so that cars can go through. This morning I received a call from my tenants saying that someone has parked across the dropped kerb, restricting access to the car park. When a polite note was left on his windscreen (and it was polite!) telling him he was cutting off access to the car park, he responded by stating that he had checked online and was doing nothing wrong. This building houses disabled young people and their carers and includes people who use wheelchairs, what if something dreadful were to happen and they needed medical attention? How do we stand legally? Can we make him move? Can we report it to someone?
Thanks,
BQ

[moonraker558]

Try the Police or Fire service as it sounds like he could be obstucting the emergency services if called upon.

[bushbaby_de]

If they are blocking you in they are causing an obstruction and can be moved by the police. If they are blocking you out they are causing an inconvenience only, in the eyes of the law.

You can apply to the Council for double yellow lines or a hatched box, which may encourage people not to block you, but the legal status wouldn't change.

[Panic Button]

Just get a few burly men around it, start it bouncing and you can drag it out of the way.

[sandyRoe]

Leave another note stating there are vandals in the area and his car might be damaged if he continues to park there.

[Panic Button]

This suggests it is illegal, and the council could issue penalties for it.

http://www.penaltycha...arking/dropped-kerbs/

[New Judge]

The Highway Code is quite clear:

Para 242 says that you should not leave your vehicle “...in a position where it causes unnecessary obstruction of the road”. There could be an argument that the drive is not part of the road. This has been tested in court on a number of occasions and there is no definitive answer. It all depends on the individual circumstances.

However, para 243 is more specific when it says “Do not stop [among many other places] in front of an entrance to a property”.

So I would suggest that your tormentor’s information that he has obtained is incorrect. It is interesting to note that PenaltyChargeNotice.co.uk accepts that it is illegal to park across dropped kerbs, but goes on to suggest that they think it is “unfair” for local authorities to enforce the law in the way that some do (by installing continuous single yellow lines across them, giving the impression that it is OK to park across the dropped kerbs outside the hours covered by the single yellows).

This is a somewhat fallacious argument which seems to hold that the painting of a single yellow line somehow overrides the dropped kerb law.

[R1Geezer]

Are we getting the full story here? I mean is this guy saying he can park in front of any dropped Kerb or is there some legal technicality he is invoking?

[razza]

Get in touch with your council who will paint the appropiate lines to it.

[theshedman]

Hi, a few years ago the law was changed making it illegal to park where there is a dropped curb. This applies even to the person that lives at the property where the dropped curb is. Some councils don't seem to enforce it but it is the law so if you report it the council may do something about it.