Parking Fine for Blocking a Dropped Kerb

Parking Fine for Blocking a Dropped Kerb

Parking across a dropped kerb (also called a lowered kerb or vehicle crossover) is one of the most common reasons for council parking fines. It is also one of the most complained-about issues by homeowners whose driveways are constantly blocked. Here is the law and how to appeal if you have been fined.

What Is a Dropped Kerb?

A dropped kerb is a section of pavement that has been lowered to create vehicle access, typically leading to a driveway, garage, or off-street parking area. They are also installed for pedestrian crossings, but for parking enforcement purposes, we are concerned with vehicle access crossovers.

The Law

Under the Traffic Management Act 2004 (Section 86), it is a contravention to park a vehicle so that it blocks a dropped footway (kerb) where the dropped section is adjacent to a carriageway. The relevant contravention code is typically Code 27 ("Parked adjacent to a dropped footway").

This applies whether or not the property owner has complained. A CEO (civil enforcement officer) can issue a PCN for blocking any dropped kerb, regardless of whether someone has reported it.

When Councils Enforce

Councils enforce dropped kerb violations in several ways:

1. CEO patrol: An officer spots the violation during their rounds
2. Resident complaint: A homeowner reports a blocked driveway (many councils have online reporting forms)
3. CCTV: In some areas, CCTV is used to monitor persistent problem spots

The PCN is typically issued at the higher rate (£70 outside London, up to £130 in some London boroughs), reduced by 50% if paid within 14 days.

Parking Across Your Own Dropped Kerb

A question that surprises many people: can you be fined for parking across your own dropped kerb? The answer is nuanced:

Technically, yes. The law prohibits parking adjacent to a dropped kerb on the public highway. It does not contain an exemption for the property owner. A CEO can, in theory, issue a PCN to someone parked across their own driveway.

In practice, it is rare. Most councils have a policy of not issuing PCNs to vehicles parked across their own dropped kerb, particularly if the vehicle is on the resident's own land (partly on the driveway). However, some councils do enforce this, particularly if:

• Only part of the vehicle is on the driveway with the rest on the road
• The council has a strict enforcement policy
• A neighbour has complained

If you are fined for parking across your own dropped kerb, appeal on the grounds that you are the property owner and were not obstructing access to any other property. Include evidence of your address matching the driveway location.

Valid Grounds for Appeal

1. The dropped kerb is not an authorised vehicle crossover: Not all lowered kerbs are vehicle crossovers. Some are for pedestrian access, drainage, or are historic features. If the dropped kerb does not lead to an off-street parking area or driveway, the contravention may not apply.

1. You are the property owner: While not a guaranteed defence, many councils cancel PCNs where the vehicle belongs to the property owner.

1. The vehicle was not blocking access: If your vehicle was parked next to a dropped kerb but not actually blocking the crossing point, this may be a valid argument.

1. Loading or unloading: If you were loading or unloading goods to the adjacent property, this may provide a defence (subject to the usual loading rules).

1. Blue Badge exemption: Blue Badge holders can park on most restrictions for up to 3 hours. However, blocking a dropped kerb is different from other restrictions, and the exemption may not apply if you are blocking someone else's access. Check your local council's policy.

1. Emergency: If you stopped in an emergency (medical, vehicle breakdown), this is a mitigating circumstance.

1. Signage: While dropped kerbs are generally enforceable without specific signage, some councils mark them with signs or white lines to make them clearer.

The White "H" Marking

Some dropped kerbs have a white "H" marking on the road. This advisory marking indicates that parking is restricted. However, the "H" marking is advisory only; it has no legal force. The dropped kerb restriction exists whether or not there is a white marking. The absence of an "H" marking does not mean parking is allowed.

Neighbour Disputes

Dropped kerb enforcement can become a flashpoint for neighbour disputes. If a neighbour is persistently blocking your driveway:

1. Talk to them first (politely)
2. Report to the council (most have online reporting forms)
3. In extreme cases, contact the police non-emergency line (101) if the obstruction prevents you from using your driveway

Conversely, if you are accused of blocking a neighbour's dropped kerb:

1. Be mindful of where you park
2. If you receive a PCN and believe it is unfair, appeal with evidence
3. Consider whether the dropped kerb is an authorised crossover (check with the council)

Getting a Dropped Kerb Installed

If you want to protect your driveway with a dropped kerb, you need to apply to your local council. The process involves:

1. Applying for a crossover (vehicle access point)
2. The council assessing whether the location is suitable
3. Paying for the installation (costs vary, typically £800 to £2,000+)
4. The council (or their contractor) carrying out the works

Once you have an authorised dropped kerb, the council can enforce against vehicles blocking it. Without an authorised crossover, enforcement is more difficult even if there is a physical dropped kerb.

Key Points

• Blocking any dropped kerb on a public highway is a contravention, regardless of whose driveway it is
• The fine is typically higher rate (£70, reduced to £35 if paid within 14 days)
• Parking across your own dropped kerb can technically be fined, though most councils use discretion
• The white "H" marking is advisory and has no legal force
• Blue Badge exemption may not protect you if you are blocking someone else's access