ChatterBank0 min ago
Parking Alongside Dropped Kerbs
I'd like to think I'm a considerate parker. I'd never do above. But if I'm in the car waiting for someone and there was no alternative, I would stay temporarily alongside a dropped kerb on the basis that I'd be happy to move to allow access or egress. (In the absence of other restrictions, I believe it is the case that you 'must' move to allow egress, but you don't 'have to' to allow access.)
Having looked into this further, it appears that, if the local authority has designated the area a Special Enforcement Area (SEA) under the Traffic Management Act 2004, you can get a parking ticket for parking or even waiting alongside a dropped kerb. This applies even if there are no yellow lines and no other signage indicating an SEA.
This all started because I was 'waiting' outside a dropped kerb and an irate resident threatened me saying I couldn't 'park' there.
For my own satisfaction, I have contacted the Council to find out if an SEA applied to where I was waiting.
Just wanted to know whether ABers have had any experience of this sort of thing and perhaps to serve as a warning for those unaware.
Having looked into this further, it appears that, if the local authority has designated the area a Special Enforcement Area (SEA) under the Traffic Management Act 2004, you can get a parking ticket for parking or even waiting alongside a dropped kerb. This applies even if there are no yellow lines and no other signage indicating an SEA.
This all started because I was 'waiting' outside a dropped kerb and an irate resident threatened me saying I couldn't 'park' there.
For my own satisfaction, I have contacted the Council to find out if an SEA applied to where I was waiting.
Just wanted to know whether ABers have had any experience of this sort of thing and perhaps to serve as a warning for those unaware.
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In case some may think, no, I'm not petty, & I don't OWN THE ROAD, my point being, I paid the money to give me access at any time of the day into / out of my drive, so what happens if a TV repair Tech goes next door & said to me I will be 10 mins & takes half on hour, he / she should have thought about that before they started the job, My self I would never do it, & would never think of doing it, putting myself in the same position as the house owner, but we are all different " Aren't we " some have common, & some???
To get a ticket they have to reach you and write it before you move so it's a rather moot point anyway.
As for dropped kerbs, they may not be considered as a way to own the road in front of your house but clearly that is what happens in practice. Despite supposedly not being allowed to own the public highway for you own use, if only you can park there then the rights are effectively owned by you, the resident. IMO permission to create a drive and consequential dropped kerb ought be very rarely given as it effectively means that gradually the street is no longer somewhere visitors can stop, and the whole method of vehicle use breaks down. If a building wasn't designed to have a dropped kerb with care taken to leave space for others at the same time, then retrospective changes cause more problems than it solves. It just hands out rights to the public road to individuals, and bars others.
As for dropped kerbs, they may not be considered as a way to own the road in front of your house but clearly that is what happens in practice. Despite supposedly not being allowed to own the public highway for you own use, if only you can park there then the rights are effectively owned by you, the resident. IMO permission to create a drive and consequential dropped kerb ought be very rarely given as it effectively means that gradually the street is no longer somewhere visitors can stop, and the whole method of vehicle use breaks down. If a building wasn't designed to have a dropped kerb with care taken to leave space for others at the same time, then retrospective changes cause more problems than it solves. It just hands out rights to the public road to individuals, and bars others.
The SEA does allow exceptions e.g. dropping off passengers, delivering goods to (any) premises, parking with the dropped kerb owner's permission. But also interestingly you can park 'for as long as is necessary but no more than 20 mins'. So those residents peed off for people parking outside their dropped kerb in such circumstances, notwithstanding they don't require access/egress, need to bear that in mind.
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