What to do if someone parks in front of your driveway
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Driving home to see someone parked on your driveway can be one of the most annoying things to return to after a long day at work. But, very few know the formal rules around whether someone else can park on your driveway and what the options are if it does occur.
There is no criminal law against the indecent act of someone parking on your driveway without their consent, according to the RAC.
A driveway is part of the property so by driving onto the driveway, the person is committing an act of trespassing.
Despite this, trespassing is classed as a civil, not a criminal offence, meaning the police do not have the power to make an arrest.
This is slowly becoming a more popular occurrence, with numerous homeowners reporting that people have parked on their driveway before flying on holiday, leaving their cars there for days or weeks at a time.
Many also have to deal with this if they live near popular attractions, like football stadiums or near concert venues.
Even with signage or cameras, people will still try and park on people’s driveways to make their journey easier or to save money.
At one point in time, parking enforcement was handled by the police, but after a 1991 law change, local authorities were given the responsibility.
They are able to issue fines and penalty charge notices for any offence on a public highway, including if a car is blocking a driveway while parked on a public road.
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However, if a car is on a drive, and on private property, the council has no authority to move it.
If a car has been abandoned, the local council is required to move it regardless of whether it is on public or private land.
But if the car has up-to-date tax, insurance, a valid MOT and isn’t in a dangerous condition, councils are “powerless” to intervene.
The police discourage drivers from taking matters into their own hands as the aggrieved homeowner could end up being liable for damages.
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Drivers should not damage or clamp a vehicle or have it removed by a third party for storage without seeking legal advice first.
The Ask The Police website states: “If you do any of these things, you may commit a criminal offence or the owner may pursue a civil action against you.
“Under no circumstances would we advocate you merely pushing the vehicle on to a road and leaving it there as you may commit a number of offences.”
In the event that the vehicle has been abandoned, drivers can request for the local council to get involved by reporting it, usually through their council’s website.
A vehicle is considered abandoned if it is untaxed, it’s been left for a long time, it’s significantly damaged, burned out or if the number plates are missing.
A number of services are also being set up which allow motorists to rent out their driveway for money if they aren’t using it.
The influx of such apps and websites could see more drivers trying their luck and parking on driveways, hoping consequences won’t apply to them.
Homeowners can set up fences, gates or bollards to prevent people from parking on their driveway, although this will be money out of their own pocket.
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