Inconsiderate motorists who block driveways are a persistent cause of complaint; however the circumstances in which any kind of enforcement can be applied has often been hazy. In order to give a definitive guide of what can and can’t be done, the following should be of assistance.

Obstructive Parking Across Dropped Kerbs

There are two type of dropped kerb. Type one is the pedestrian dropped kerb. This type is commonly used for pedestrian access to and from public footpaths. Type two is the private drive dropped kerb. This type is primarily used by residents to gain access to their off street parking area usually via their drive.

Enforcement of Dropped Kerbs

Section 86 of the Traffic Management Act 2004 makes it a parking contravention for a vehicle to park adjacent to a dropped kerb. Such parking across a pedestrian dropped kerb it makes crossing the road difficult for people with wheelchairs and pushchairs. Equally, the same is so for the some of the aged and disabled people. It can also seriously reduce sightlines and so make vehicular movements at junctions more hazardous.

The management of dropped kerbs that provide access to private off street parking areas is though different as the legislation, subject to various considerations, provides an effective exemption whereby parking across such a dropped kerb can be permitted.  That exemption allows, providing there is no enforceable yellow line on the highway across the dropped kerb, for the resident and their visitors to park across the dropped kerb without penalty.

In short, the Council will not, as a matter of course, enforce any dropped kerb of the type that is designed to provide a resident with access to their off street parking place unless the resident who directly benefits from the dropped kerb has contacted the Council and requested that enforcement be carried out. This approach provides the resident and their visitors with a parking facility unhindered by any concern of enforcement and of course prevents the unnecessary issuing of a penalty charge notice. However, if a resident is having problems with vehicles parking across a dropped kerb that provides access to a private off street parking place or driveway, and would like enforcement carried out then the resident should make contact with Traffic & Parking Control and make a request.

How to Contact Traffic & Parking Control

On-Line https://www.havering.gov.uk/Pages/OnlineForms/Request-for-Parking-Enforcement.aspx

Office Hours Monday to Friday 9am – 5pm; 01708 432 787

Out of Hours – On all Days until 10pm on each day; 07946 738 495

Please bear in mind when making contact out of hour’s that your call will be taken by the officer on duty who may be driving or otherwise engaged. This may mean that the phone not be quickly answered or your call going to voicemail. If your call goes to voicemail then please leave your contact details and the officer will respond to your message as soon possible but please be patient.

By Editor UCRA on 8th June 2016   /   News   /   1 Comment