Parking ticket for parking across a dropped kerb

[edanna]

This morning I got a parking ticket for parking across a dropped kerb in front of some old gates opposite my house. No-one has taken a vehicle in or out of these gates for many years, probably decades.

Because we live in an area of high parking pressure, we have parked across these gates and so have many others for the past 15 years and I have never got a ticket and I?ve never seen anyone else get a ticket, so I assume the usual parking enforcement officers turn a blind eye.

Any thoughts on how I can appeal this? Yes, I have parked across a dropped kerb but I have not obstructed any access and I think I have a reasonable expectation that it?s OK to park there after doing so for so long.

Secondly, is there any process for dropped kerbs being revoked?

All thoughts appreciated.

[first mate]

I'm sorry to say that I doubt you will have grounds for appeal, though others may know and advise you more positively.

There has been a recent significant increase in parking warden activity in my area at least, presumably in preparation for the likely imposition of CPZ by the council.

I am under the impression that parking across dropped kerbs is a no-no. If I am correct I would not expect any leeway from the council. They want your money after all!

[singalto]

I know someone who got a parking ticket for parking on the dropped curb white lines outside his own garage.

[edanna]

So Southwark?s site says:

Driveways that serve a single property

If there's no enforceable yellow line, you can park close to this type of driveway without penalty. We only enforce if the occupier of the property makes a specific request.

In my case there is no yellow line so that?s my appeal.

[KidKruger]

If the dropped-kerb is marked with the white line, I doubt there's any point in appealing.

If there was no marking painted on road, you could perhaps speak with property owner and ask if they can confirm to you in writing they do not use the thoroughfare so you can include in your appeal.

[edanna]

White lines aren?t enforceable though unless there is access to a multiple occupancy property or the occupier complains.

[KidKruger]

well good luck with the appeal, keep us posted.

[cella]

Why aren't people more supportive of those carrying out their job responsibilities? Maybe in this case a blind eye has been turned to certain parking issues but presumably the restrictions are there for a reason. And maybe you've got away with it for a very long time! Yes, Southwark need to look at increasing revenue but surely this sort of activity is fine?

[Chick]

Which rd?

[Johnjohn]

This is ridiculous.

Would you mind me asking what street you are on?

I basically answered no/not sure to the CPZ survey basically because of the amount of similar types of unused dropped kerb/gates on my street, which would have had double yellows extended for 2m either side even though they haven't been used in years!

[ruffers]

edanna Wrote:

-------------------------------------------------------

> So Southwark?s site says:

>

> Driveways that serve a single property

>

> If there's no enforceable yellow line, you can

> park close to this type of driveway without

> penalty.

My understand is you parked across as opposed to "close to". Good luck but I'm not optimistic for you.

[edanna]

It?s Fellbrigg Rd - North cross Rd end. Johnjohn you are so right - there are loads of these dropped kerbs around belonging to former business/industrial premises that are no longer used. Put 2m of yellow lines either side of these and you?ll have a no parking zone of 7-8metres all for no reason. There should be a way of declaring dropped kerbs not in use.

[RichH]

Rules about parking across dropped kerbs/driveways generally seem to be pretty unclear and are the subject of much Internet hearsay. Some people say it's not an offence at all (even if the driveway is in use) whilst others say it's only an offence if you prevent someone accessing the public highway (i.e. driving out of their property onto the road, but not the other way around.)

Whatever the circumstances here, the PCN (Penalty Charge Notice) should provide details of how to appeal, assuming it's one issued by or on behalf of the council and not by some dubious private parking enforcement firm. If it's the former the appeal process should be free so I suggest you go ahead by providing the basic facts as you've described them above. My hunch is that you will be successful as it doesn't appear from your description that you were actually causing an obstruction or contravening any rules. Anyway, it doesn't hurt to try! Don't leave it too long to appeal though so you don't risk incurring the full charge rather than the discounted rate.

Several people on my road park over their own driveways, often because modern cars are a little too big to fit easily (if at all) and, to my knowledge, none of them has ever received a ticket.

[MarkT]

Best not to rely on internet hearsay; better to consult the Law.

Traffic Management Act 2004 Section 86 states you must not park across a dropped kerb, but gives exceptions including:

"where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises. This exception does not apply in the case of a shared driveway."

The Council has the power to put double yellow lines across a dropped kerb thereby cancelling the occupier's right to give permission.

The OP does not seem to have the occupier's permission. There must be due process for removing a dropped kerb, but I don't think you can legally assume that it is redundant. It may be needed for emergency access.

MarkT

[theron]

Hi Edanna, I saw your car being ticketed this morning. There is occasional access to the gates/garage or whatever it may be, and there is a sign that says ?do not park?, if I?m correct?

[joom]

Probably a new traffic warden. I saw your ticketed car this morning and thought bad luck!

[edanna]

Yes there?s a sign saying do not park but vehicles are never ever taken through the gates. There?s a load of junk behind them so it wouldn?t be possible to get a vehicle in.

theron Wrote:

-------------------------------------------------------

> Hi Edanna, I saw your car being ticketed this

> morning. There is occasional access to the

> gates/garage or whatever it may be, and there is a

> sign that says ?do not park?, if I?m correct?

[cella]

Sounds like you've ignored a lot. Maybe just pay the fine and learn from the experience rather than waste adrenaline fighting this one.

[tiddles]

Aha so i can put up any sign i like and traffic wardens will comply?

[cella]

No you can't I'm afraid. Only local authorities, owners, police etc.

[bodsier]

The DROPPED CURB IS ALSO FOR disabled PROPLE WITH Wheels of sorts to enable them to cross the road. It's not just for cars. Therefore you may not succeed in your appeal

[edanna]

I know that Bodsier - kerbs dropped for pedestrians are totally different and I would never block one of those.

bodsier Wrote:

-------------------------------------------------------

> The DROPPED CURB IS ALSO FOR disabled PROPLE WITH

> Wheels of sorts to enable them to cross the road.

> It's not just for cars. Therefore you may not

> succeed in your appeal

[peckham_ryu]

Hi, my neighbour was ticketed for parking across the dropped kerb in front of my house. She successfully appealed, because I wrote a letter to the appeal adjudicator. All I confirmed in the letter was that the garage had long since been converted, meaning there was no exit being obstructed, that this was widely known in the neighbourhood, and that all the neighbours including Ms X had my ongoing permission to park in front of my house.

Wardens stopped enforcing after that.

?then they put a double yellow line over it, in the latest round of new painting! So no more parking for me or anyone now.

[edcam]

Maybe just park somewhere else?

[Lynne]

There's an old dropped kerb in our street that now has a brick wall built across where the cars used to go.It seems unfair that anyone could be penalised for parking there. I'm not talking here about the council's recent access dropped kerbs, just old redundant ones.