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N/A - Council Parking Fine - low level curb PLEASE HELP - tonyp78

I parked my car outside of my house on the road blocking a low level curb. I returned to my car to find a perking notice had been issued.

There are no markings on the road to indicate that I should'nt park there. Is it legally correct that I can be issued a parking notice in this instance? What should I do? Please advise.

Many thanks.

Tony

N/A - Council Parking Fine - low level curb PLEASE HELP - martint123

What do you call a "low level curb"

Is it a dropped curb for driveway access or a sloping curve for possibly disabled pedestrian road crossing?

www.theaa.com/public_affairs/news/parking-at-dropp...l

I think it has always been an offence in London, but the legislation has moved outwards recently.

N/A - Council Parking Fine - low level curb PLEASE HELP - Dwight Van Driver

Looks like they (LA) have declared where you park a Special Enforcement Area under S 84 and Schedule 10 Transport Act 2004 making an offence under Section 86 to park opposite a dropped kerb. No need for a an Order and also no requirement to sign as such.

Exceptions are:

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.

where—

(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

(a)the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

(b)the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

If any of the above apply then appeal otherwise pay early to get the reduced rate,

dvd

Edited by Dwight Van Driver on 25/07/2011 at 08:38

N/A - Council Parking Fine - low level curb PLEASE HELP - concrete

Very comprehensive dvd. I was unaware of this requirement. I park outside my brothers' house and there is a drop curb there for his driveway. Obviously I am not obstructing anyone while visiting and if anyone needs to be out I can move my car. But I would never have thought a passing parking operative could slap a ticket on. Forewarned is forearmed. Cheers Concrete

N/A - Council Parking Fine - low level curb PLEASE HELP - tonyp78

Hi and thanks for your help.

The low level curb or drop curb is outside my home but at the end of the row approximately a couple of meters in from the T junction. There are no road markings but I guess the drop curb might help the disabled or someone pushing a buggy.

I thought that unless there were makings I was ok to park there. Is this incorrect?

Thanks

Tony

N/A - Council Parking Fine - low level curb PLEASE HELP - bathtub tom

>>The low level curb or drop curb is outside my home but at the end of the row approximately a couple of meters in from the T junction.

Highway code rule 243 states:

DO NOT stop or park

  • opposite or within 10 metres (32 feet) of a junction

www.direct.gov.uk/en/TravelAndTransport/Highwaycod...0

Stop digging and throw away the shovel!

Edited by bathtub tom on 26/07/2011 at 00:03

N/A - Council Parking Fine - low level curb PLEASE HELP - martint123

A DO NOT is not an offence, purely a recommendation.

If it had said MUST NOT then yes, an offence.

N/A - Council Parking Fine - low level curb PLEASE HELP - jamie745

Correct. Where as things like parking on zig zags, parking in a bus stop etc come under the MUST NOT instead.

N/A - Council Parking Fine - low level curb PLEASE HELP - tonyp78
Hi,

Thanks for the info. Where can I find that it says a DO NOT is not an offence and simply a recommendation. If I can find this I can quote it in my appeal to the parking notice?

What should I do next?

Thanks again, you've all been very helpful.
N/A - Council Parking Fine - low level curb PLEASE HELP - martint123

That DO NOT above referred to a post about parking in general and not about dropped kerbs.

You haven't mentioned where the alleged offence took place? rules in London are stricter and a slowly moving outwards round the country.

What offence is stated on the PCN?