No one should park across your driveway's dropped kerb. The Highway Code says do not park in front of an entrance to a property, and in council enforcement areas parking at a dropped kerb is a contravention, except for the occupier or someone with their consent. Whether the council or the police acts depends on where you live.
The other side of the same rules: driving over a full-height kerb onto a front garden, with no approved crossing, is an offence, and the council can take action against the owner. This guide covers both, plus the white H-bar markings painted across some driveways. It is general information, not legal advice.
Is it illegal to drive over the pavement without a dropped kerb?
Yes. The Highway Code, rule 145 says you must not drive on or over a pavement except to gain lawful access to property, or in an emergency. The law behind it is section 72 of the Highway Act 1835, which makes it an offence to wilfully drive a vehicle on a footpath beside a road.
Councils treat an approved crossing as the lawful way in. Coventry says it is an offence to cross a kerb, verge or footway in a motor vehicle except at a crossing the council has approved. Walsall says bumping up the kerb, or placing wood or concrete in the kerb line, is illegal and it will consider enforcement. Birmingham lists ramps placed against a kerb edge as an unauthorised crossing, and will take action against the owner if vehicles crossing the footway damage it.
There is also a specific power. Under section 184 of the Highways Act 1980, where someone habitually drives across a kerbed footway or verge, the council can serve a notice on the owner and occupier. The notice can either say the council will build a proper crossing and recover the cost from them, or impose conditions on how the footway is used. Knowingly breaking those conditions is a criminal offence, and the owner can object to the notice before it takes effect.
Driving over a kerb also risks damage to the pipes and cables under the pavement, which is why a crossing is rebuilt to take a car's weight. See dropped kerbs for what that work involves.
Can I report a neighbour who drives over the pavement?
Yes, to the council's highways team, which is the highway authority for the pavement. Birmingham has a dedicated email address for illegally constructed footway crossings. If a neighbour's kerb looks home-made, the council can tell you whether it was approved. Wolverhampton charges its inspection fee to check the legality of an existing crossing.
Can someone park across my dropped kerb?
Not without your consent. Rule 243 of the Highway Code says do not stop or park in front of an entrance to a property. Two laws can apply:
- Civil enforcement by the council. Section 86 of the Traffic Management Act 2004 bans parking next to a dropped kerb in a civil enforcement area. It has exceptions: a vehicle parked outside a home by the occupier or with their consent (unless the driveway is shared), deliveries for up to 20 minutes where there is no alternative, emergency vehicles and some works vehicles.
- Obstruction, enforced by the police. Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 bans leaving a vehicle so as to cause an unnecessary obstruction of the road.
Because of the occupier exception, a council cannot tell from the street whether a car across a single driveway is there with permission. That is why councils ask the occupier to register or give consent first.
Who enforces it in the West Midlands?
| Council | What it says |
|---|---|
| Staffordshire (Lichfield, Tamworth) | Civil enforcement officers can issue a penalty charge notice. For a single property, the council needs the occupier's written consent first; this lasts 12 months and then applies to every vehicle, including the occupier's own. Patrols are routine, not on request. |
| Walsall | Does not actively enforce at a driveway unless you join its free scheme through the Parking Operations Team. |
| Dudley | Enforcement of obstruction across a driveway stays with West Midlands Police. Dudley's parking attendants cannot issue penalty notices for obstruction. |
| Solihull | Enforcement of obstruction stays with the police. |
Staffordshire also says you can report a vehicle blocking your driveway to the police on 101. For Birmingham, Sandwell, Wolverhampton and Coventry, check the council's parking enforcement pages for the current arrangement.
What is an H-bar marking, and can I get one?
An H-bar, or access protection marking, is the elongated white "H" painted on the road across a driveway entrance, from the top of one sloping kerb to the other. It is advisory. Dudley and Solihull both say H-bars have no formal status in law and are not meant to settle disputes between neighbours. A car blocking a dropped kerb can be dealt with whether or not there is an H-bar.
Councils are selective about where they paint them:
- Dudley and Solihull use them near schools, shops, offices and places that draw drivers from a wider area, and not normally in mainly residential streets. Solihull also considers households where someone receives the mobility component of Disability Living Allowance or Personal Independence Payment.
- Staffordshire needs a dropped kerb, at least 4.8m of off-street space, and evidence of parking caused by a nearby shop, school or church, not by neighbours. It will not consider a crossing less than three months old.
- No council will paint one on the opposite side of the road or outside someone else's house, and a shared crossing needs both households' consent.
There is a fee. Solihull's standard charge is £367 for a marking up to 6m, and Staffordshire's is £120 per application, non-refundable even if refused. Parking your own car over your H-bar can lead to it being removed, because it suggests you do not need the access.
An H-bar is not a substitute for a crossing. Councils only paint them where a dropped kerb is already in place, so a white line outside a house does not make it lawful to drive over a full-height kerb.
What if I do not have a dropped kerb yet?
Apply to your council before driving onto the garden. The how to get a dropped kerb guide walks through the process, and the dropped kerb checker shows each council's size rules. If a crossing has been refused, see why dropped kerbs are refused. Building a crossing typically costs £1,200–£2,500 plus the council's fees; the dropped kerb cost guide has the detail.
Questions
Can I get a ticket for parking across my own driveway?
Under the national rule, a car parked outside a home by the occupier or with their consent is exempt, unless the driveway is shared. Council conditions can be stricter. Birmingham's approval conditions say the crossing must not be used for parking, and once you sign up for Staffordshire's enforcement, your own car can be ticketed too.
Is it illegal to park opposite my driveway?
Generally no. Dudley says parking very close to a dropped kerb, or opposite it, is not illegal even if it makes getting in and out harder, and councils will not paint H-bars on the opposite side of the road. A car that actually blocks the entrance is a different matter.
Is an H-bar marking legally enforceable?
Not on its own. Dudley and Solihull describe it as advisory, with no formal status in law. They say it gives West Midlands Police extra evidence when issuing a fixed penalty for obstruction, but the H-bar is not needed for enforcement.
Can the council make my neighbour put in a proper crossing?
It can. Where someone habitually drives across a kerbed footway, section 184 of the Highways Act 1980 lets the council serve a notice to build a crossing and recover the cost from the owner or occupier, or to impose conditions on using the footway. The owner can object to the notice.