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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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I have been parking on my forecourt outside my house 25

Resolved Question:

i have been parking on my forecourt outside my house for over 25 years . now the council want me to pay for a dropped kerb. is this legal or can i still drive over pavement
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
any news for me yet
Expert:  Jo C. replied 1 year ago.

Are you inside London or outside?

Customer: replied 1 year ago.
london borough of enfield
Expert:  Jo C. replied 1 year ago.

Ok.

I presume there are no signs up allowing parking on the pavement?

Customer: replied 1 year ago.
no signs but i have been driving over it for over 25 years to park in my driveway
Expert:  Jo C. replied 1 year ago.

In that case, that is a problem I'm afraid.

In London there is an automatic presumption that parking on pavements is disallowed unless there are signs at the location allowing it.

The fact that they have previously allowed it is no defence per se.

I'm very sorry but that is the reality. You don't acquire a right to parking on public land by prescription I'm afraid.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
i am not actually parking on the pavement but driving over it to enter my drive.
Expert:  Jo C. replied 1 year ago.

There is a contravention in that although they don't often rely on it.

Customer: replied 1 year ago.
not sure what you mean. can they prosecute for driving across pavement. they are also threatening to put a bollard outside so i cant drive in.
Expert:  Jo C. replied 1 year ago.

Yes, they can do that.

They do not often rely on that contravention but they could if they wished to.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
seem like i'm stuck and should not drive across pavement