Alan, Hamish and Jill have received this information about parking in the vicinity of Dropped Kerbs and the law… this follows the enquiries of a number of residents recently…we thought you might be interested in this matter…

Parking on / next to dropped kerbs – (Contravention Code 27)

There are two types of dropped kerbs – those for pedestrians/wheelchairs/pushchairs and those outside driveways allowing easy access to the residents of individual houses. Dropped kerbs include pavements that have been lowered to the level of the road.

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.

This offence applies to all motorists, including

• Blue Badge holders
• Motorcyclists
• Permit holders

Recent legislation allows councils to enforce against vehicles which may cause an obstruction. The Council will issue a Penalty Charge Notice where a vehicle has parked obstructing a dropped kerb.

Pedestrian/wheelchair/pushchair dropped kerbs

You cannot park adjacent to a pedestrian/wheelchair/pushchair dropped kerb irrespective of whether yellow lines are present or not and we will proactively enforce against any vehicle parked adjacent to them.

By parking in this manner you:

• Make it difficult for people with wheelchairs and pushchairs
• Making crossing the road difficult for the elderly and disabled people
• Obstruct the view of motorist turning at junctions

Dropped kerbs for access to off-street areas

These dropped kerbs (driveways) allow access from the street to private off-street areas and may serve either a single property or more than one.

Vehicles parked adjacent to a dropped kerb may be issued with Penalty Charge Notices.

Driveways that serve a single property

Provided there is no enforceable yellow line, you and your visitors may park adjacent to your driveway without penalty provided all of the vehicles’ wheels are in the carriageway. For this reason, we can only enforce when a specific request of the property occupier is received.

To request enforcement action, you will need to provide your name and address, a landline telephone number and details of the offending vehicle. Our enforcement officers will then check with you on arrival.

Driveways used by more than one property

Where multiple occupiers have access, such as a block of flats, a property converted into flats or offices occupiers cannot park their own vehicle or give permission for others to park across these driveways. To do so would deny others access to their property.

How to report a problem

To report an obstruction contact Sutton Council’s parking enforcement contractor on 020 8661 1881 (8.00am – 9.00pm Monday – Sunday)