Parking

[fmonkey]

Is i illgeal for people to park infront of my drive, i have a lowered kerb.
I have been told that people can park in front of it and not have to move if my car is not there.
Does anyone know the facts

[up4it]

There have been many threads on this before with a difference of opinion.

I was told by my Dad who phoned up the council to check that if a car is across your drive and blocking you from getting out you can call the police and get it towed away

However if they are blocking you from getting in then there is nothing you can do about it

It sounds unfair but that is what he was told

[Rtaxron]

I would have thought its obstruction, if you couldn't get in or out to your house/drive especially as you have a lowered kerb. .

[Ethel]

If you live in London it is an offence to park alongside a dropped kerb regardless of whether a car in on the drive or not.

If you live outside London it MAY be an offence if your council has adopted the Act.

If it hasn't, then an offence is committed if you can't get OFF your drive - obstruction of the public highway. Phone the police.

[TWR]

If the kirb is dropped, and there is a car blocking access to the drive you can get it removed & if need be get done for obstuction.

[fmonkey]

TWR

do you know where i might be able to get thisin writing.

[TWR]

Go to your local Highway Dep & ask for the footpaths & Drive access details also your Local Poilce Station.

[MrBounty]

I was told by a family friend in the know that if a car is in the driveway, then it is illegal to park across, but if the driveway is empty, then there is no problem - apart from the problem the driveway owner will have!!

[Ethel]

I have already answered you and ask you where you live - it is relevant.

This is the position re London and local authorities that have adopted the Traffic Management Act 2004

http://www.hillingdon.gov.uk/index.jsp?article id=7310

In those cases, the council deals with parking across a dropped kerb.

If you live outside London and your council has not adopted the Act, the police deal with it as either Unnecessary or Wilful Obstruction under the Highways Act 1980.

[Panic Button]

I would get a few beefy mates to help bounce it out of the way.

[rov1200]

If no beefy mates available sandwich his car between two others and do not answer the front door.

[buildersmate]

The way I believe it works is as follows.
The London Local Authorities and Transport for London Act 2003 made it a specific offence to park in front of a dropped kerb (Section 14 of the Act). But as Ethel says, this only applies in London and the Act was never intended to operate anywhere else.
The Traffic Management Act 2004 deals with, amongst other things, road traffic contraventions subject to civil enforcement. The list of contraventions (Paragraph 4) is long however it does not include parking in front of a dropped kerb. (Outside of London) it does includes offences such as parking on verges, footpaths, areas designated for others (like Hackney cab stands).
But this Act has a 'get-out' worded as follows: -

Power to add further offences
5 (1) The appropriate national authority may by regulations amend paragraph 4 so as to add further offences (but only in so far as they relate to stationary vehicles).
5 (2) [relates to powers to add further offences in London only]
5 (3) Before making regulations amending paragraph 4 the appropriate national authority shall consult�
(a) such representatives of chief officers of police, and
(b) such associations of local authorities (if any),
as the authority considers appropriate.

That is the route by which it may be an offence - if the 'national authority' has made it one.
The full reference to the Act quoted above is Section 73, Schedule 1, Part 1
K

[kempie]

Not quite...

Sections 84-86 of Part 6 TMA 2004 (which has always formed part of the act) allows local authorities outside of London, if they so wish, to set up "special enforcement areas" in which prohibition of double parking and parking at dropped footways etc. is enforceable.

http://www.opsi.gov.uk/acts/acts2004/ukpga_200 40018_en_8#pt6-pb3

[buildersmate]

OK. Good spot, thanks. Some of these Acts really are too long-winded to get one's head around.