Violation of parking regulations by drivers can lead to the issuance of a Parking Charge Notice by authorities. Through this article, we will discuss in detail whether or not someone can park their car in front of a driveway without a dropped kerb. Additionally, we will also explore the process of payment of a PCN; should you be issued one for a case of parking violation. We will also consider whether installing a dropped kerb requires planning permission and if it is the homeowners or councils’ responsibility to make sure that a dropped kerb is in place.
Can I Park In Front Of A Driveway Without A Dropped Kerb?
Legally speaking, yes, you can park in front of a driveway that doesn’t have a dropped kerb; however, you must realise that by doing so you will be causing an obstruction for the residents’ vehicle to pass through.
In case a driveway does have a dropped kerb, you will be in violation of parking rules and can be charged a fine of £90 for parking in front of it.
A dropped kerb is made by flattening the pavement to meet the level of the road so that residents can easily drive their vehicles in and out of the driveway, without causing damage to the pavement.
It must be noted that in case a resident needs to drive their vehicle over a footway into their driveway on a highway, they will need to build a dropped kerb. If they fail to do so, they will have to park their vehicle on the street as driving over a footway is considered as breaking the law.
If your vehicle is found to be obstructing the driveway of a homeowner, you may be issued with a Penalty Charge Notice whether or not there is a dropped kerb in the driveway.
You should also keep in mind that if you obstruct someone’s driveway by parking your car in front of it, they may do the same with you by blocking your vehicle as well. Since there is a potential for a dispute in such matters, it is best to avoid parking in front of a driveway.
Why Is A PCN Issued?
A PCN is issued by council authorities if someone has violated parking laws on public land such as council car park or high street. In addition to parking offences, a PCN can also be charged for breaking traffic rules, failing to follow road signs, not paying the charges for the London congestion zone or low emission zone.
Depending on the severity of the action, PCN charges can range between £50 to £130 and must be paid within due time.
A PCN or parking fine is issued to vehicle owners either in the form of a notice left on their car windscreen or is sent to them through the post.
What Should I Do If I Am Charged A PCN?
If you have been issued a Penalty Charge Notice, you can pay your PCN using your debit or credit card. You can also pay through a post office, pay by cheque or postal order to the Council Office.
In addition to parking offences, a PCN can also be charged for breaking traffic rules, failing to follow road signs, not paying the charges for the London congestion zone or low emission zone. Depending on the severity of the action, PCN charges can range between £50 to £130 and must be paid within due time.
Once a penalty charge notice is issued by council authorities, you will have 28 days to make the payment and in case the amount is paid within 14 days, you may even get a 50 per cent discount on the fine.
The UK government has introduced a specific scheme during Covid-19 to benefit NHS health and social care staff, as well as NHS COVID-19 volunteers/critical care workers; through which parking concessions are available for health, care and volunteer workers. If you fall under any of these categories, you should have a special parking permit and councils will not issue a PCN unless you have parked dangerously.
Can I Appeal Against A PCN?
Yes, if you believe that you have been incorrectly charged with Penalty Charge Notice, you can appeal to your local council office with your Vehicle Registration Number and Penalty Charge Notice number. However, you must make the appeal before paying for the PCN charges; unless your vehicle has been removed due to a violation of parking restrictions.
If a vehicle owner does not respond to notices left on their car, they will be sent a formal notice termed as a Notice To Owner. They can make a formal appeal to the council in response to this if they have evidence to prove their claim.
If your appeal is found to be valid, you will receive a Notice of Acceptance and the charges will be removed. However, if your appeal is rejected, you will receive a Notice of Rejection. You may still contend this through the London Tribunals, however, if you do not pay the charge even after their response, the council can send a debt collection agency to recover the amount.
Can A Blue Badge Holder Park In Front Of A Driveway?
If you are a Blue Badge holder, you may be able to park in spaces where other drivers may not be able to while staying on main streets but you cannot park in front of someone’s driveway.
Blue Badge concessions are given to drivers with certain medical conditions in the UK, enabling them to park closer to their destinations. As a Blue Badge holder, you can ask your local council to allocate you parking space that is close to home.
If you qualify for a Blue Badge, you may be able to park for free in the following locations:
- Unlimited parking on streets with parking meters or pay-and-display machines
- Unlimited parking (unless a time limit is displayed on a sign) in disabled parking bays on streets
- Parking for up to three hours on single or double yellow lines (unless there’s a ‘no loading’ sign)
However, you must keep in mind that having a Blue Badge does not allow claimants to park their car anywhere; they just qualify for certain concessions in specific areas. They will still need to follow parking regulations and can get fined for breaking parking rules.
Do You Need Planning Permission For Dropped Kerb?
Whether or not you need Planning Permission for a dropped kerb depends on the type of road that your house is adjacent to.
You will not need Planning Permission in case the road is listed as unclassified, it is a private road or a private street. However, in the case of either of the following situations, you will need Planning Permission for a dropped kerb:
- the road is listed as A, B or C
- the road is a trunk road or a principal road
- the building is a listed one
- the property is in a conservation area
- the property is a flat or a maisonette
- the property is a commercial or industrial building
If you are building a new house and you have full planning consent from your planning authority, you will need to seek permission for a dropped kerb separately.
You will also need permission from your local council office and highway authority.
How Do You Apply For A Dropped Kerb?
Once your application is approved, some councils will allow you to hire a private contractor for the task, while others will get the work done and charge you for it. Charges may vary from council to council and may range between £1500 and £3000; depending on the nature and extent of work involved. There may be additional costs that include the license fee and consult charges of a contractor.
There is a chance that your application for dropped kerb gets rejected by the local council or planning permission, in case of any of the below situations:
- the kerb is too close to a junction
- the visibility is restricted by walls or hedges
- tress, road signs or bus stops would need to be moved
Alternatively, you may be charged a fee of £600 for tree removal and around £3000 for removal of road signs or bus stops; however, in certain cases the rejection withstands.
What Is Included In Permitted Development?
The scope of Permitted Development runs across varied projects that may be related to the internal or external structure of a property. Home improvement projects under Permitted Development include the following:
- building of a small rear extension
- construction of a porch
- changes of use including loft, garage or basement conversions
- knocking down of internal walls
- installation of solar panels
- installation of satellite dishes
- addtition of rooflights or dormer windows
From the above discussion, it has become quite clear that even though it may not be a legal offence to park in front of a driveway that is missing a dropped kerb, it may not be ideal to do so as it would cause obstruction to the resident’s vehicle. Installing a dropped kerb is the responsibility of the resident so that the pavement is not damaged while gaining access to the driveway for one’s car.
FAQs: Can I Park In Front Of A Driveway Without A Dropped Kerb?
Can I park in front of my own driveway in the UK?
Yes, you can park in front of your own driveway. However, you need to make sure that you do not block other traffic when you do so.
Can you have a driveway without a drop kerb?
If you intend to drive a car over the footway and into a driveway, it is essential for you to have a dropped kerb; or you would be in violation of the law. If you do not need to take a vehicle into the driveway, you may not have a dropped curve until such time that you do.
Can you park in front of a dropped kerb in the UK?
No, you cannot park in front of a dropped kerb. If found guilty of this, you may be reported to the local council or police. You may also face a fine of £1,000.
What happens if you drop kerb without permission?
If you drop kerb without permission, you can be charged a fine of £1,000 by council authorities.
What is the legal height of a kerb?
When dropping a kerb in front of their highway, residents are often advised that a kerb should ideally be 100 mm above the road surface.