Hi all,

I bought a house mid last year which has a block paved driveway, however no dropped kerb.

It is illegal to cross the pavement, or even park on a kerb, so obviously driving over the pavement to access driveway is illegal, which as we all know absolutely loads of people do anyway.

Was in the local news paper a few weeks ago that the council are now employing a member of staff to wander the streets and report people using driveways without a dropped kerb (although really they could technically fine anyone with two wheels parked on a kerb too) I have also had a tip off that the bin men are reporting people, so to keep my cars clear of the driveway on bin day...which is annoying and hassle.

Now I do not mind paying to have the kerb lowered, I was planning on having it done at some point anyway, this has just pushed me to get it done sooner.

It just seems a bit hassle really, having never done this and my councils website being a bit useless I think I have narrowed it down to:

• Send in application form
• Pay £100 for the application process (there could be an additional £170 odd if further permission is required, but I don't live on a classified road so I think I'm exempt from this)
• They then review it (assume they have to come out and visit - would this be random or arranged??)
• Then hopefully grand permission and provide a quote for the work

Now parking is rubbish in my road, partly due to everyone having their driveways done, so I am using the drive anyway, particularly to keep the polo off the road (although is legal to be on the road) so I was just wondering, what people thought if I was to be reported, but had an application in for having it sorted in the mean time?

So yes, technically if I car was on the driveway it would be illegal (although I could technically access my driveway from my neighbours dropped kerb) but I had an application in so it was being dealt with...would I still be likely to receive a fine, or would they kind of ignore it, as its being dealt with?

Reading the news article states the council could also charge you for any damage to kerb/pavement as it is not designed to take the weight of a vehicle, or could even install bollards to prevent you from accessing your driveway. (Would I even be liable for damage, as could've been caused by someone else, or previous home owner) They could also drop the kerb themselves and simply bill you for the work (which would be ideal if the cost was reasonable haha)

The application form also asks for the registrations of the vehicles you're planning on parking on the drive...anyone got any idea why? All I can think of is so they can check the vehicle type, as there is I think, a 2 tonne limit for using the crossing once installed.

I also thought that there were approved contractors to do the work, not just the council giving you a price for it...has anyone actually had to do this before? Do I get permission off the council then find a contractor willing to do the work, show them I have permission then they can just crack on or what?

I have little idea about all this sort of stuff, I just want it sorted out and soon so I don't have to worry!

Any thoughts, advice, reassurance appreciated!

If the Polo is parked on the drive whilst I'm out and I was reported for that, I would simply say I accessed my drive via my neighbours dropped kerb..as its parked on that side of the drive anyway, so they couldn't prove otherwise I don't think? Even though neighbour would've paid for their dropped kerb, its still public land I assume? As its not their property so I guess anyone could technically drive their legal car over it?

Thanks!

i bought a house 4 years ago, the previous owner or possibly the owners before him had the drive tarmac'd...tarmaced? :/ but there is no dropped kerb.. the council have replaced 2 of the kerb stones over the past 4 years due to them being damaged.. i've never had a bill tho, yet...

i'm sure an ex once told me (who works for derby council) that when they get their own guys to do it they charge around £2k

my neighbour a couple of years ago knocked down a brick wall and wedges his car between a lamp post and my hedge to access his drive

Yeah I don't think its really been an issue before but then was suddenly in the news that they're going to be enforcing fines and that because they spend £2430957840985740 a year on fixing pavements because Polo's drive over the pavement once every 2 months haha.

Woman opposite me works for the council, not sure what department but she was just letting me know about the bin men reporting people or whatever.

And yeah I've heard the council can charge a fortune, I have decided in my head around £1000 all together but god knows really...we shall see I guess. have emailed the council to ask for an explanation of their vague website...even Warwickshire council has a list of approved contractors and a much better guide, Coventry are just not so helpful evidently :)

lemme know how you get on, i definitely cant afford to go legal!

You maybe okay anyway as your council may not be enforcing anything :)

I'd imagine id receive a warning before a fine anywho

I can give no advice but can I just clarify, you are not allowed to access your driveway because you don't have a dropped kerb? Then if someone spots your car in your drive they can report you for accessing it via crossing a pavement that has not been dropped?

I'd be asking 2 questions of the council.

1: Instead of paying people to go round and grass residents up, why can't they use that money to just drop everyone's curb?

2: Haven't they got more important things to worry about?

Correct dude!

Well they're already expecting to generate an extra £30k from applications to have kerbs lowered now. Which should pay for the member of staff reporting people.

It's stupid but it's still a law I guess. Like when people kick off about the police doing speed checks like shouldn't they be catching rapists or murderers etc... Laws still exist and need enforcing, can't really argue with them, it's "their" land/property I'm damaging driving over it to my driveway

Our council charge min 1500 for a drop curb

Basically if your car is on the drive i can't block you in, if the drive is empty i can park in front for as long as i want.

As far as the law is concerned you have a paved garden not a driveway and you have legal rights to protect regarding it

Update:

Asked council a couple of questions, I'll only need the £100 permission as I expected, and they currently don't have any approved contractors, only themselves. Although it's set to change later this year.

So I apply, then they'll come out and measure to approve or not then provide a quote for the work.

They don't name a time or date for coming out they just do, and I don't fancy trying to find somewhere to keep the Polo for the 6 week period that they may come out in... I reckon if it's left on driveway they may just ignore it seeing I am applying for permission, and there's no way to prove it wasn't parked there via my neighbours dropped kerb?

This is what free legal advice on your house insurance is for. Did the surveyor note the driveway shouldn't be used?

Not sure will have to dig the report out and have a look haha

And free legal advice would surely be:

Don't risk using it, it's illegal to cross the footpath, so don't risk getting fined

Unless they're shit legal advisors with no common sense, surely it's easier to avoid a lawsuit instead of maybe winning one?

Just wondering if there is any CCTV in your area that the council could see you crossing the kerb on?

Regards

Pretty sure there isn't any public CCTV, peoples private CCTV perhaps, but if it covers someone elses property I don't think the footage could be used anyway unless there is a sign.

Sent application off weeks ago with a non-refundable £100 fee whether you get permission or not, cheques only just cleared so they now have my money....hopefully they'll start actually doing the application.

I walked from one end of my road to the other the other day and there is around 30+ driveways being used without dropped kerbs. And thats my street alone, they're all like it round here, I'd imagine throughout Coventry there are 1000's... so I'd imagine being in a position of playing ignorant, and having applied for permission there may just be a warning issued first other than a straight fine...and being a 'first offender'

We shall see, living on the edge, crazy! haha

Update on this, finally got permission and a price for work today...

So to have 3x lowered kerb stones and 2x angled ones, crossing being 4.5m wide, total area 10.8m sq, £1566, and obviously I've already paid £100 for the planning approval or whatever... so more than expected, but I didn't really expect different haha

Thanks for highlighting the issue Nick. I'll be keeping it in mind on my own search.

Why didn't you take the issue up with the surveyor who didn't spot that the driveway was unusable. assuming this information wasn't in the survey?

Because it's not a driveway, it's a paved garden.

I always planned on getting it done

Hey hey, 

 

So this has now been done (was done Wednesday) and they have done in my eyes, a shite job. 

 

Also, the kerb was pretty low anyway, to which it seems like they have just replaced the kerb stones at the same height as they were. 

 

Have taken photos, and emailed the council to complain, so awaiting a response on their part. In the mean time I shall research what height constitutes a 'dropped' kerb, as in comparison to basically any other in my street it isnt really lowered enough.

 

Never ending hey!

 

It should be the same as the drive of the Celica

Yeah I agree, based on every other "lowered" kerb I've seen that seems to be the case. 

 

Annoyingly I'd imagine they'll just say "it's fine" and expect me to be happy. 

 

Need to to find an official rule on it or whatever. It'll be difficult getting them to spend more money on resolving it, considering it's their property and up to them to ensure its done correctly. 

 

Its not like it's my land so I kind of don't really have any rights to complain, although I suppose I could play the damage to wheels argument due to the height or whatever like you can with pot holes 

Finally got somewhere with this, 

 

Ended up spending several hours in email discussion with some Council type man, who had been and visited site, and said it met the specs, and was a ''sound install'' and ''an asset to my home'' and ''a legal vehicle crossing''

 

I requested a copy of the spec, which he couldn't provide. 

 

Had arguments about the height of this being a total anomaly, and that another that was done in the same street on the same week is lower, as he'd said mine was ideal, this would've made the other not ideal, so theres some bullshit there.

 

Long story short, he was saying all was fine, and I wasn't getting anywhere, so I asked to escalate to his superior and then yesterday morning I was informed they have decided to come out and alter it, ''even though its fine and meets the spec''

 

So I think they're basically righting it, but not admitting it being wrong....

 

Just happy I seem to have actually won something against the council for a change!