Contravention Code 23 — Parked in Front of or Adjacent to a Dropped Footway

Last updated: March 2026

Dropped kerbs serve driveways and pedestrian crossings, and blocking them can result in a PCN. However, code 23 enforcement is subject to special rules — particularly the requirement for a complaint from the adjacent property occupier. Understanding these rules is the key to a successful appeal.

What Does Code 23 Mean?

Contravention code 23 is a lower-level contravention issued when a vehicle is parked in front of a dropped footway (commonly called a dropped kerb) that provides vehicular access to a property. The penalty is typically £50 outside London or £80 in London boroughs, halved for early payment. This code specifically relates to residential and commercial property access crossovers, not pedestrian dropped kerbs at junctions.

When Is This Code Enforceable?

This is the crucial question. Under Section 86 of the Traffic Management Act 2004, a CEO can only issue a code 23 PCN if the occupier of the adjacent premises has requested enforcement. In other words, the council cannot proactively patrol for dropped-kerb contraventions — someone living at or occupying the property must have complained that their driveway is being blocked. Without this complaint, the PCN should not have been issued.

The exception is dropped kerbs at public crossings or those serving public footpaths, which are covered by a different contravention code and can be enforced proactively.

Common Defences

No Complaint from the Adjacent Occupier

This is the strongest and most frequently successful defence. Ask the council (via a Subject Access Request or as part of your challenge) to provide evidence that the occupier of the adjacent property requested enforcement. If no such request exists, the PCN is invalid. Many councils issue code 23 PCNs proactively, which is unlawful.

You Are the Adjacent Property Occupier

If you were parking across your own driveway, you cannot obstruct your own access. The law protects the occupier's right of access — and if you are the occupier and did not make a complaint, there is no contravention. Provide proof of your address (utility bill, council tax statement) matching the property adjacent to the dropped kerb.

Consent from the Adjacent Occupier

If the property occupier gave you permission to park across the dropped kerb — for example, a neighbour said it was fine to park there temporarily — then no obstruction complaint exists. A written statement from the occupier confirming their consent is powerful evidence.

Not a Vehicular Dropped Kerb

Code 23 applies specifically to dropped kerbs providing vehicular access. If the dropped kerb is purely decorative, leads to no driveway or hardstanding, or was never formally constructed as a vehicular crossover, it may not qualify. Check the council's records to confirm whether a crossover licence was ever granted for that location.

The Dropped Kerb Does Not Serve a Usable Driveway

If the dropped kerb leads to a front garden with no hardstanding, a permanently blocked gateway, or a property with no off-street parking, you can argue that the dropped kerb does not serve a functional vehicular access and therefore cannot be obstructed in any meaningful sense.

What Are Your Chances of Success?

Code 23 appeals have a high success rate, primarily because many councils fail to obtain — or cannot prove they obtained — a complaint from the adjacent occupier. At tribunal, adjudicators consistently require the council to demonstrate that enforcement was requested. If you are the property occupier parking across your own driveway, the appeal is virtually certain to succeed. This is one of the most frequently overturned contravention codes.

Related Guides

• How to Appeal a Council Parking Ticket (PCN)
• Traffic Penalty Tribunal — How It Works
• Contravention Code 27 — Dropped Kerb Obstruction