| Topic: | Re:Re:Re:Dropped kerbs, Clifden Road | |
| Posted by: | Richard Jennings | |
| Date/Time: | 10/03/10 01:28:00 |
| "This law as far as I know only came into being in June last year." That's when the enforcing legislation changed, but it's been in force since 2004 under the London Local Authorities and Transport for London Act 2003. "where I parked was a dropped kerb for the benefit of the garage AND I must emphasise this was a disused derelict garage attached to a derelict house" It's important that your appeal makes it clear that the garage was attached to a house, and that the house was derelict and unoccupied. You can only park blocking a driveway if it is a vehicle entrance to a single residential property and you have the consent of the occupier. Clearly there was no occupier to give consent, and the adjudicator will hopefully take a common-sense view on this. In Holly's case, however, it was a dropped kerb opposite a pedestrian entrance to Clifden Court. Parking there has been illegal since 2004, though I'm not sure how you're supposed to know that. There is no indication in the Highway Code that it is a legal requirement rather than just good advice not to park there. Updates to traffic laws like this should really be notified annually to all drivers when renewing their vehicle licence. However, "ignorance of the law is no defence", and I don't think Holly has any grounds for appeal that the council or an adjudicator would accept. Clifden Court looks like a sheltered/elderly housing development, where the provision of a dropped kerb might be quite important for infirm residents. |