Free Traffic Legal Advice

Please to post a GSV link to the location.

From the photograph you put up it appears that the kerb has not been dropped to meet the level of the roadway, which is the test.

If you look at the light coloured paving stones on both GSV and the photo, it is clear the rear of the car is in the dropped section for the house. That's my view, anyway.

Do you know the owner of the drive? The only way out of this would be a letter from the occupier confirming their consent for you to park there.

Alternatively, you'd have to use the strategy of last resort, but that would require you to have some mitigation you can advance.

OP, you gambled and I think you lost although it is absolutely your right to challenge the council and then go to the tribunal but I think an adjudicator will find there is a dropped kerb despite the small surface level differemce.

The resident has a sign on the wall saying 'No parking' which was a clue that they are protective of their right to access. There was also a faded white lione painted across the gap, it has no statutory power but again it is a clue that the resident has paid for the line as he/she wants unfettered access. You made their life more difficult and the road less safe by your actions.

I try not to park within even a metre of the taper kerb to give residents a bit more swinging and safety room.

It is the back of the car which was in contravention. The adjudicator will probably look at google street view and in addition the council won't enforce a householder request if there isn't a dropped kerb for vehicle access. The council can easily get a photo of the scene which will be reasonably contemperaneous and accepted as evidence. I don't mind if you want to fight, it is your money you are gambling with.

The point about dropped kerbs is the reason for which they were dropped at the time so if it was for a garage which has been bricked up then technically the car was in contravention but in practive adjudicators will mostly take a purposive approach and not uphold the PCN. If however you don't come across well they may uphold the original purpose and not cancel.

Only an adjudicator can definitely decide, just fight to the end and see what happens. It is a learning experience.

My question was if the council have sufficient evidence to prove I was blocking access to a driveway as alleged or, more importantly, is it illegal to park at a dropped kerb that isn't blocking access i.e. across from say a brick wall? (Both questions I asked in my initial post but went unanswered)