How can I challenge my council on a dropped kerb?

I have had a dropped kerb since 2000. I was away for five years on an assignment to another country outside of the UK only to come back and find that the council has done some huge environmental cleanup and made my dropped kerb into a public area where anybody can park. Now this is blocking my driveway which is on top of the pavement and I cannot get into my driveway. The council has confirmed they could potentially draw double yellow lines outside the dropped kerb and then reneged several times. The deeds to the property show clearly I have a driveway which is located on the pavement and there has been a dropped kerb since the year 2000 which has now been enforced by the council as a public kerb with free parking. What is the law pertaining to this and how can I fight the council? I need to know the key pointers of the law if possible. I have noticed you have mentioned Rule 244 of the Highways code and various other codes.

Asked on 28 January 2019 by Anjali Raichandani

Answered by Georgia Petrie

Unfortunately, in this case, I'd advise you contact Citizen's Advice. If you go into your local CA centre and speak to someone they'll have a far better understanding of property law, which you'll need to be able to argue your rights. On-street parking is becoming a bigger and bigger issue with more cars and less space available, so you aren't alone in this situation. Annoyingly, it will also probably take longer than you'd like because the council is likely to be fielding complaints about a lack of parking in the area.

Tags: legal advice councils parking dropped kerb

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