Dropped Kerb Outside Own Home — Occupier Consent Exemption

Parliament built an exemption into the dropped-kerb offence itself: it is not a contravention to park across a dropped kerb outside residential premises if the occupier of those premises parked there or consented to it, as long as the consent was not paid for and the driveway is not shared with another property. If it was your own driveway, or the householder said yes, the ticket fails.

Legal basis

Traffic Management Act 2004 s.86(3): exception 'where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises. This exception does not apply in the case of a shared driveway.'

How to identify this in your case

Were you parked across the dropped kerb serving your own home, or with the express permission of the person who lives there? Was the permission free (not a paid parking arrangement), and does the crossover serve only that one property rather than a shared drive? If yes to all three, this statutory exemption applies. Get a short signed note or message from the occupier confirming consent.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

I am appealing this penalty charge issued under contravention code 27. Section 86(3) of the Traffic Management Act 2004 provides that no contravention occurs where the vehicle is parked outside residential premises by or with the consent (not given for reward) of the occupier of those premises, other than on a shared driveway. My vehicle was parked outside residential premises [by me as the occupier / with the free consent of the occupier, whose confirmation I enclose], and the dropped footway serves that single property only. The statutory exception is therefore engaged and no contravention arose. I put the council to strict proof of any matter it relies on to say the exception does not apply, and I ask that the penalty be cancelled.

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Dropped Kerb Outside Own Home — Occupier Consent Exemption

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps