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islandman
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Dorset UK
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30-03-2016, 04:39 PM
1

If only someone knew the answer to this?

We don't drive so it and parking doesn't involve us, but over the years I have heard so many people discussing this issue that it would be nice to know the answer.

If someone removed their front wall/hedge so they could park in what would be their front garden or created drive, then they sought permission and paid for a dropped kerb so they can drive in and onto their property, does that mean no-one else can park in such a way that it would prevent the people who's house it is, to gain access?.

I hear that if there was no car on the drive, then anyone could park there as they wouldn't be causing an obstruction. Only if there was a car on the drive and someone parked in the road would they be causing an obstruction because the owners wouldn't be able to drive out.

Then we have the scenario where someone might say, "yes I have a newly created drive and have paid for a dropped kerb, but now I'm going to have a white line". What difference does that make?.

Let's not bring disabled access into it yet, just this simple scenario. In case you're wondering why a non-driver should be concerning himself, the answer is simple.

Our local councillor has made it known she has had complaints about parking in the three roads round us. So many people have dropped kerbs/white lines and in some cases, walls have been rebuilt and dropped kerbs/white lines remain and in some cases, those that had this done, are either dead or moved away. So when neighbours say to me "what do you think?". it might be nice if I had the benefit of your knowledge before I opened my mouth.
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30-03-2016, 04:45 PM
2

Re: If only someone knew the answer to this?

It's obstruction either way.
I had a car towed for blocking my access.
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30-03-2016, 09:19 PM
3

Re: If only someone knew the answer to this?

The issue is covered by the Traffic Management Act 2004.

It prohibits people parking on or partially on areas of the carriageway with a "Dropped Kerb"

See the Act details at the link below, go to Section 86

http://www.legislation.gov.uk/ukpga/2004/18/part/6


There are some exceptions as always such as dropping people off, loading/unloading etc etc but in general you can not block an area of pavement where there is a dropped kerb.
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30-03-2016, 09:41 PM
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Re: If only someone knew the answer to this?

Just because there's no car on the drive, doesn't mean it's not in use, so a car wouldn't be able to get on it if someone had blocked their way. So that's my understanding of a blocked kerb. Park on one...it's an offence. Simple.
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31-03-2016, 02:51 AM
5

Re: If only someone knew the answer to this?

Hmmmm - if the road, the original kerb and the footpath are public property,
and if people were able, quite legally, to park there
and particularly if parking spaces are at a premium in the area ....

what moral right has a property-owner to deprive the general public of that parking space (possibly more than one ?) just for their personal convenience ?
Will they happily pay substantial additional rates to compensate ?
 



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