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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70417
Experience:  Over 5 years in practice
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we live in a residential street we have a car parked outside

Customer Question

we live in a residential street we have a car parked outside our house with 2 wheels on kirb has been there few days what is the law in this and how can we have it moved it is taxed
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Is it parked on a dropped kerb?
Customer: replied 4 years ago.


FOR JOMO1972


no it is not a dropped kerb it is behind a disabled space for another car leaving big gap and wasting parking space

Expert:  Jo C. replied 4 years ago.

There is an offence of causing an obstruction of the highway for which the police can issue a fine although not tow vehicles. Its probably not going to be made out here though. This sounds a traffic management issue rather than an obstruction offence.

If this is just a matter of wheels on the kerb then that is a local council issue.

Parking with wheels on the kerb is not automatically prohibited elsewhere than in London. If you are outside the London Boroughs then there would need to be a sign up prohibiting parking there.

Parking in a street with residential permits is prohibited unless you have a permit allowing you to do so. The remedy for that though is usually just ticketing by the council.

The issue of a ticket is now for the local council but if its permanently there then there is no reason they should not act.

Getting them to tow is harder. They will not usually tow for a parking offence alone now.

I'm not sure if you are saying that you think the car has been abandoned? The fact it has road tax doesn't mean it hasn't been abandoned necessarily. Generally speaking the Councils will presume it has not but if it remains there for some time then that should change their view of it.

Realistically though, I'm afraid, you can only get them to tow if you can satisfy them that the vehicle has been abandoned.

There are a very limited number of occasions when they will tow for a parking offence but not often.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.