Contravention Code 27

Dropped Kerbs – Contravention Code 27

There are two types of dropped kerbs, those outside driveways allowing easy access to the residents of individual houses and those used for pedestrian crossovers.

 

 

The law basically says that you should not obstruct dropped kerbs unless you are obstructing a dropped kerb outside a house with the permission of the owner. Of course, obstructing any dropped kerb will cause inconvenience either to the owner of the property who cannot obtain access or egress from their property, or in respect of pedestrian dropped kerbs you can even cause danger to pedestrians, particularly the elderly, disabled and mothers with prams.  The legislation which allows local authorities to issue Penalty Charge Notices to vehicles parked across kerbs is the Traffic Management Act 2004 and the London Local Authorities and Transport Act 2003.  Parking across certain dropped kerbs is also contrary to Highway Code rule 243 which states:

DO NOT stop or park:
•    where the kerb has been lowered to help wheelchair users and powered mobility vehicles;
•    in front of an entrance to a property.

However, whilst we agree that it is wrong to block dropped kerbs, we also think that it is very wrong for local authorities to enforce dropped kerbs where road markings and signs indicate that you may in fact park across it.

Westminster City Council in London is one of those enforcing dropped kerbs.  Some of their dropped kerbs have double yellow lines across, so it is very clear to a motorist that they must not obstruct at any time.  However, there are many kerbs within Westminster and also other boroughs, which have a single yellow line across them.  Of course, dropped kerbs required for pedestrian access should always have double yellow lines across where they are located in a controlled parking zone.  By enforcing dropped kerbs with single yellow lines, Westminster Council and others are, in our opinion,  enticing motorists to park on a Sunday and after 6.30pm in the evening because a single yellow line indicates that a motorist may park.  However,  they are enforcing dropped kerbs with single yellow lines at any time.  So a motorist driving to central London on a Sunday and parking on a single yellow line (as he is entitled to do) albeit across a dropped kerb may receive a Penalty Charge Notice.

We have carried out a relentless campaign and have told Westminster that it is tantamount to entrapment and that they should install double yellow lines across the dropped kerbs which they wish to enforce.  We have pointed out that it will not help the disabled, the elderly and mothers with prams to enforce dropped kerbs with single yellow lines because in busy areas they may well be blocked.  If they really wanted to help these types of people cross the road safety then they would install double yellow lines.  However, Westminster say it will cost them almost £2,000 per dropped kerb to install a second yellow line!  We have complained to the Department of Transport and we set out below text from two emails received, which is self-explanatory.

 

How to have your penalty charge notice (PCN) for this parking contravention cancelled.

We may be able to assist you in having your penalty charge notice for this contravention cancelled.

Follow our 3 stage process:

1 Check: Specific grounds for appeal for this contravention (below on this page)
This may also include diagrams and pictures showing signage requirements etc.

2 Check: General grounds for appeal
Applies to most contraventions.

3 Check: Summarised parking adjudicators decisions
Includes details of example cases won.

 

Specific grounds of appeal for this contravention

 

 

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