Parking and dropped kerbs?

Ok so basically my neighbour has turned their front garden into a driveway and hasn't dropped his kerb yet. And uses the public footpass to gain access to his property. So basically every time he leaves his property he has to reverse down this drive, cross the public footpath in this vehicle and then get down the kerb onto the main road. I believe he is committing an offence as he has not had his kerb "dropped" which means the path is not designed to hold his vehicles weight and could damage the path leading in somebody tripping over in due time correct ?

I told him that he should drop his kerb and he got confrontational with me saying hes not committing an offence and if i park over the kerb opposite the footpath he uses to get onto his drive i am in fact committing an offence so basically i wanted to know can i park at the bottom of his drive/garden legally ? blocking his access as technically i am just parking on the road side right ?

butin4

If you drive on the foot path 7 feet away from the road you are committing an offence.

Yes you can park at the kerb, blocking him in. you will not be committing any offence.

Bardic

You need to speak to your local council about this, they have varying views. As it happens, from what you say you are not committing an offence. However, why pick fights with your neighbour, just park elsewhere . . .

holiday1

These kind of domestic rows allows nobody to win. As long as he is careful driving in and out of his premises there is little problem ( HE COULD BE DAMAGING HIS TYRES WHICH MAY RESULT IN A 'BLOW-OUT' WHEN THE TYRES ARE HOT E.G. LONG TRIPS ON THE MOTORWAY). No one si permitted to block free movement of any member of the public. I would advise you keep out of his childish way.

Dave J

OK, this is an iffy one, because on one hand rule 145 of the Highway Code states:

You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

[Laws HA 1835 sect 72 & RTA 1988 sect 34]

However, how do you know if he has lawful access to his property? If he does, he is commiting no offence what so ever. If you are THAT concerned then contact the council, or land registry or similar.

If he does damage the pavement and someone trips over then so be it - they will probably sue the council for thousands of pounds for a make-believe injury anyway so they won't mind! In my day, if you tripped over it was your own stupid fault for not looking where you were going!

Regarding your situation, you would not actually being commiting an offence, parking in front of his access, even if it WAS a dropped kerb! You shouldn't DO it as you will be breaking rule 243 of the highway code, but you are not actually breaking a law! However, I wouldn't personally do it as you have to live by your neighbours and we should all try to get along nicely!

Anyone who wants to give me a thumbs down - read the Highway Code rule 243 online here: http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860 and then read the explaination of the rules and wording used in the Highway Code here: http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070236

You are right.

It is an offence to drive over a pavement unless there is a dropped curb. And if there are on dropped curbs or double/single yellow lines there (put in place by the Local Authority) you can park anywhere.

jimmy_hills_chin

you can park across the drive if there is no dropped kerb
contact your local council on this but I'm sure he has to drop the kerb

Spartan

If he ain't got a drop curb then you can park where u like

evan

Do you not have any thing to do he is not hurting you or anyone else you can park there but why so he can beet you up you little pansy

"isitme"

Dave J is almost correct.

If there is no dropped kerb, it's called a carriage crossing, you are committing no offence by parking there.

Once he has a carriage crossing installed, which has to be authorised by the council, you would be committing the offence of unnecessary obstruction and liable to a ticket. This offence is committed under general parking rules and not those enforced by signs/lines.

One thing I've noted in your question is that you mention a 'main road'.
If it's an 'A' classified road, he needs planning permission to install a driveway. To gain this he must be able to drive on and off in forward gear, in other words, he must be able to turn his car around on his land.
This only applies to property having off-street parking installed, not those who have had it before classification of the road.

dirtytricksracing@sbcglobal.net

It is spelled curb not kerb.

jill

I would like to park my transit van in my front garden i have ajoining houses on each side of me, my neighbour told me in a vary nice way that i cant do.can anyone advise me of the rules:-)

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