If you find a car parked or blocking your drive you might find the police or your local authority won't have any legal powers to help you remove it
A lesser known legal loophole may mean cars parked on your driveway potentially can't be removed(Image credit: Getty Images)
Experts are warning that homeowners could be unable to seek assistance from the police or their local authority if another motorist decides to park on their driveway.
The issue has been highlighted by The Workplace Depot, whose experts claim the way current laws are written leaves homeowners with limited options.
What is this 'loophole in the Highway Code?
Rule 243 of the Highway Code lists 12 places where parking is prohibited, such as near school entrances, bus stops, and the brow of a hill, or in front of a property entrance.However, it does not mention parking on someone else's driveway.
If another driver parks on your driveway, it’s considered trespass, which is seen as a civil matter in the United Kingdom rather than a criminal one.
The police therefore cannot legally remove the vehicle and local authorities are unlikely to intervene since it’s on private property.
What can a homeowner do instead?
A spokesperson for The Workplace Depot stated: “The best approach is to talk to the vehicle owner calmly. For recurrent problems, legal advice may be necessary.”
“Preventative measures can save you a lot of hassle. Driveway parking posts or folding barriers can secure your parking area. But remember, never take matters into your own hands. You could end up being prosecuted.”
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Towing the car away could cost you over £100 and might damage the vehicle, making you liable for any repairs.
The Ask The Police website also warns: “Don’t damage or clamp the vehicle or have it removed by a third party for destruction or storage without first seeking legal advice.“
The Workplace Depot do suggest if the problem persists to document each incident by taking photos of the vehicle and note the dates and times it was parked on your property and file a claim for trespassing or seek an injunction to stop the behaviour but this should be a last resort as this method can be expensive.
What driveway measures are there?
Gates can be a great permanent preventative measure for people parking on your driveway(Image credit: Shutterstock)
To prevent unauthorised parking on your driveway you can install driveway parking posts and bollards to restrict access.
News Editor Joseph has previously written for Today’s Media and Chambers & Partners, focusing on news for conveyancers and industry professionals. Joseph has just started his own self build project, building his own home on his family’s farm with planning permission for a timber frame, three-bedroom house in a one-acre field. The foundation work has already begun and he hopes to have the home built in the next year. Prior to this he renovated his family's home as well as doing several DIY projects, including installing a shower, building sheds, and livestock fences and shelters for the farm’s animals. Outside of homebuilding, Joseph loves rugby and has written for Rugby World, the world’s largest rugby magazine.
