ChatterBank0 min ago
Dropped Kerb
We have lived in our house for 4 years which has private double gates at the side of the garden wall and a dropped kerb for entrance, we never use the double gates but use the drop kerb as our parking space, which no one has ever complained about as it's difficult to park in our street. 3 weeks ago a disabled man has moved in and demands that it's his dropped kerb and we are no longer to park there! 3 meter away is a proper disabled access kerb which he refuses to use! I'm a really nice person but this man is very nasty and abusive and I just want to know where I might stand!
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If there is a path between your gates the dropped kerb then I'm afraid it belongs to neither of you as the road and footpath are in the public domain, however if the gentleman is being abusive and has a disabled access kerb (already there or put in for him?) which he refuses to use, you can report him to the local council. It may be worthwhile checking with the council to confirm ownership to be sure.
I don't fully understand the last answer.
Yes, the road is public, but round my way, dropped kerbs have to be paid for (if not already existing) by the house owner to allow access to THEIR house, no-one else's. Surely if you have gates/access then it is YOUR dropped kerb. Secondly, I thought no-one (unathorised) was meant to block access by parking there when there is a dropped kerb. I know nothing for sure, that's just how I understood it.
Yes, the road is public, but round my way, dropped kerbs have to be paid for (if not already existing) by the house owner to allow access to THEIR house, no-one else's. Surely if you have gates/access then it is YOUR dropped kerb. Secondly, I thought no-one (unathorised) was meant to block access by parking there when there is a dropped kerb. I know nothing for sure, that's just how I understood it.
I totally agree with Postdogs answer! It's the same here in Portsmouth, you pay for a dropped kerb to gain access to your off road parking and therefore it's wrong for anyone to park across this space. You'll have to chechk with your local council and if possible get it in writing to show this person.
Ethel doesn't seem to be around and she is hot on this subject.
From memory, I thought she maintains that it is not as Postdog suggests. One is not allowed to park across a dropped kerb to trap the vehicle inside, however if there is no vehicle on the land, it is permissable to park across.
Since Bally5 is parking his car across the gap, by implication there is no car on the land inside.
So I reckon he's OK.
Over to you, Ethel.
From memory, I thought she maintains that it is not as Postdog suggests. One is not allowed to park across a dropped kerb to trap the vehicle inside, however if there is no vehicle on the land, it is permissable to park across.
Since Bally5 is parking his car across the gap, by implication there is no car on the land inside.
So I reckon he's OK.
Over to you, Ethel.
I agree with Postdog. and Krustyman. The householder has to pay for the kerb outside his or her house to be lowered, with a view to using a drive. If your neighbour hasn't a car, then he still perhaps has a disabled scooter which can be driven on the road, and would therefore need the ramp for access. If the dropped kerb's outside the gates of your own property, then it was put there to give someone access to your drive. You don't have to use it if you can park on your road, but out of respect for your neighbour, you shouldn't park across their entrance.
The bloke is being a pain in the butt! and a realise that what I'm about to say is not really relevent to this case... but...
Simply putting a dropped kerb does not mean you own the road next to it. there is no extra parking restrictions put in place by having that dropped kerb other than, If you have a car parked on your driveway blocking you from getting your car off the drive is illegal. But if there is no car on the driveway then anybody can park across your driveway perfectly legally. (so access can be blocked, egress may not be blocked)
The rules for a proper disabled access drop may well be different. but as yours is a driveway access one then anybody can park next to your drop kerb and there is nothing he can do about it.
Simply putting a dropped kerb does not mean you own the road next to it. there is no extra parking restrictions put in place by having that dropped kerb other than, If you have a car parked on your driveway blocking you from getting your car off the drive is illegal. But if there is no car on the driveway then anybody can park across your driveway perfectly legally. (so access can be blocked, egress may not be blocked)
The rules for a proper disabled access drop may well be different. but as yours is a driveway access one then anybody can park next to your drop kerb and there is nothing he can do about it.
The Cambridge Council thinks otherwise
Parking in front of a Dropped Kerb is not allowed as it causes danger to pedestrians and obstructs vehicles from accessing property adjacent to the highway. The Police can enforce in these circumstances for obstruction, but for a Penalty Charge Notice to be issued for "parked on a dropped footway" under Civil Parking Enforcement the dropped kerb must have an appropriate sign authorised by the Department for Transport.
Parking in front of a Dropped Kerb is not allowed as it causes danger to pedestrians and obstructs vehicles from accessing property adjacent to the highway. The Police can enforce in these circumstances for obstruction, but for a Penalty Charge Notice to be issued for "parked on a dropped footway" under Civil Parking Enforcement the dropped kerb must have an appropriate sign authorised by the Department for Transport.
Get in touch with your local council highways department and ask for their advice in writing.If you are parked legally you will then have an official letter to show the man.
Can I just add that although there is an official disabled access dropped kerb nearby I still wouldn't park across a dropped kerb out of courtesy to wheelchair users (even if it was my dropped kerb paid for by me).
Can I just add that although there is an official disabled access dropped kerb nearby I still wouldn't park across a dropped kerb out of courtesy to wheelchair users (even if it was my dropped kerb paid for by me).
In reply to Daffy, I do my best never to use the space, but sometimes the streets are full and I have no choice when coming home from work around 10pm at night, its always moved by 7am in the morning but the disabled neighbor still insists on hammering our door down and being fowl mouthed whilst extremely pi***d, I have no respect here! As he can walk perfectly well as we discovers when he was trying to key our car!
ChuckFickens - you are repeating out-of-date information.
Local authorities in Greater London (since 2003) and those outside London having designated "special enforcement areas" (since 31st March 2008) are able to enforce the prohibition of parking at dropped footways etc.
http://www.opsi.gov.uk/acts/acts2004/ukpga_200 40018_en_9#pt6-pb3-l1g86
http://www.opsi.gov.uk/Acts/localact2003/ukla_ 20030003_en_2#pt2-pb3-l1g14
Local authorities in Greater London (since 2003) and those outside London having designated "special enforcement areas" (since 31st March 2008) are able to enforce the prohibition of parking at dropped footways etc.
http://www.opsi.gov.uk/acts/acts2004/ukpga_200 40018_en_9#pt6-pb3-l1g86
http://www.opsi.gov.uk/Acts/localact2003/ukla_ 20030003_en_2#pt2-pb3-l1g14
ChuckFickens, re
"The Police can enforce in these circumstances for obstruction, but for a Penalty Charge Notice to be issued for "parked on a dropped footway" under Civil Parking Enforcement the dropped kerb must have an appropriate sign authorised by the Department for Transport. "
I read the words s before "but" to relate to police action and the words after "but" to relate to Parking Enforcement which would have been done by Trafic Wardens in the past. These are two separate issues as far as I read it anyway.
The Council also said it obstructs access to the property.
"The Police can enforce in these circumstances for obstruction, but for a Penalty Charge Notice to be issued for "parked on a dropped footway" under Civil Parking Enforcement the dropped kerb must have an appropriate sign authorised by the Department for Transport. "
I read the words s before "but" to relate to police action and the words after "but" to relate to Parking Enforcement which would have been done by Trafic Wardens in the past. These are two separate issues as far as I read it anyway.
The Council also said it obstructs access to the property.
No signage is required in London for the issue of a PCN under CPE when parked adjacent to a dropped footway and the DfT is planning to drop the signage requirement for local authorities outside of London during next Spring.
http://nds.coi.gov.uk/environment/fullDetail.a sp?ReleaseID=375404&NewsAreaID=2
http://nds.coi.gov.uk/environment/fullDetail.a sp?ReleaseID=375404&NewsAreaID=2
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