Is it illegal for someone to park their car on your driveway? Your rights explained


Has someone parked on or blocked your driveway before?

Every driver who owns a driveway has had to deal with it at some point, and it’s even more frustrating if you don’t know who owns the car.

Even if you do know the person who owns the car, it can be uncomfortable for some people to confront bad parkers about such issues and resolve them.

However, the Highway Code highlights certain conditions in which a car parked in front of a property has to be moved, The Mirror reports.

But do the rules cover a car blocking your driveway? Here’s what you need to know about your rights in this situation.

What are my rights when someone parks in front of my home?



Has someone parked on or blocked your driveway before?

Under Rule 243 of the Highway Code, people are asked not to stop “in front of an entrance to a property.”

The rule highlights 12 places where you should not stop or park your car, including in front of a property, which means that someone who has parked their car in your driveway would be breaching this rule.

However, the phrasing is worded is in such a way that it identifies what is against the law and what is simply advised against.

The rule on parking in someone else’s driveway is written as a ‘do not’ rather than ‘you must not’, which means the inconsiderate act doesn’t actually break any laws.

Another Highway Code rule, Rule 244, says that you ‘must not’ park partially or wholly on the pavement in London and should not do so elsewhere unless signs permit it.

New penalties will be introduced soon that could see drivers fined £70 for parking on pavements. These purposes will also cover cars not parked on double yellow lines.

What can I do about a car blocking my driveway?

If a person has parked their car in your driveway and blocked you, there are several steps you can take without jumping to confrontation immediately.

First, make sure if the space outside your house is designated for you. If not, then other residents have just as much right to park outside your home.

If it is your designated space, one peaceful solution would be to try contacting the owner or leaving a polite note on the windscreen to ask them to remove the vehicle.

The Metropolitan Police explained that people may not always realize they’ve caused a problem by parking where they have.

Failing these steps, they recommend contacting your local council to sort out the issue.

It may become a police matter if someone has blocked your driveway and preventing you from getting your vehicle out – this could be classed as antisocial behaviour.

Nuisance parking on your driveway itself can be classed as trespassing if it’s been being done without your permission. However, this is a civil matter rather than a police one, so if you notice it happening frequently with the same vehicle, contact Citizens Advice or a solicitor to find a resolution.

Meanwhile, it’s also important to be aware of a legal loophole, which allows cars parked on private property to be exempt from intervention by council officials.

These vehicles can be removed if the police suspect they have been abandoned. However, if the car has a valid MOT, is taxed, insured and not in a dangerous condition, then there’s very little the police or local council can do to remove it.

What can I do if someone parks on my driveway?

Nuisance parking becomes a criminal matter when the vehicle is left on zig zag lines, parked ‘dangerously’ or in such a way that it would prevent emergency vehicles from getting through. This is when you can report it to the police.

Bad parkers who have stopped their car over a dropped kerb, on a pedestrian crossing, in marked taxi bays, cycle lanes or red lines; near school entrances, bus or tram stops, or in spaces reserved for Blue Badge holders, residents or motorbikes (unless permitted) should be reported to your local council.

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www.dailyrecord.co.uk

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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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