Law change for all driveways in England update as backing soars
A petition demanding a change in the law that would affect everyone with a driveway has rocketed in popularity. In under a week, nearly 40,000 individuals have thrown their support behind the campaign on Change.org to outlaw parking on someone else's driveway.
The surge in signatures comes after many realised that in the UK, parking on someone's driveway without their consent isn't a criminal offence but rather a civil trespass, leaving the police generally out of the equation.
The RAC has slammed this legal grey area, stating: "A curious loophole in the law means that, technically-speaking, this type of abhorrent behaviour could go unpunished."
They added: "While there i s no criminal law against the indecent act of someone parking on your driveway without your consent, your driveway is part of your property so by driving onto it the person is committing an act of trespassing.
"Trespassing, however, is classed as a civil offence not a criminal offence, meaning the police don't have the power to make an arrest."
Siamak Darvish, who started the petition viewable here, said: "In our community, lawlessness has become a growing concern, particularly when it comes to parking. People can park on other people's driveways without repercussions, leading to numerous complications that range from inconvenience to safety hazards. This issue is becoming increasingly urgent with the rise of electric vehicles (EVs), which bring unique risks if parked improperly."
"Making it explicitly illegal to park on someone else's driveway without consent aligns with the need to respect private property and enhance public safety. Introducing fines or stricter enforcement for these violations could serve as a deterrent, encouraging individuals to respect the property rights of others.
"Immediate action is needed to curb this chaotic situation and protect homeowners from the unpredictability and potential dangers posed by this disregard for property. Let's urge our lawmakers and community leaders to step up and create a safer neighbourhood for everyone."
One supporter, Lynne from Whitchurch, expressed her disbelief: "In all honesty, I really thought it was an illegal offence to either block or park on someone else's drive. I am so shocked to hear that this is legal and anyone can use your PRIVATE drive."
Sue from Gloucester shared her frustration: "I own two parking spaces in a residents parking area which were never marked out by the builders. There are ten others on the same area each also privately owned by the five other properties. All of us have experienced other neighbours parking in our spaces instead of their own in a different area."
Aileen chimed in with her exasperation: "Why should people who have paid the council to turn the kerb & then a company to build a driveway then have to put up with anyone who wants to park on it get away with it! ! ! Absolutely crazy! !".
What can you do if someone parks on your driveway?
The RAC says: "Unfortunately, there is little chance of the law getting involved and the legal action outlined below will take a considerable amount of time and - unless you have the legal add-on as part of your home insurance policy - expense.
"The best thing to do on a one off is to keep calm and don't let the situation escalate, never take the law into your own hands and do not stoop to revenge tactics that could get you prosecuted also.
"If it's causing an issue, try and speak to the person and resolve the situation sensibly.
"If you find it is a long-term issue, either happening on a regular basis, or a car has been left on your driveway for some time, the following advice may help." For more information from the RAC click here.
Take legal action
The RAC says if you were to pursue a civil case for trespassing, the courts have the jurisdiction to remove the car from the driveway.
"Your solicitor would be able to get the civil court's permission to find out the legal owner of the vehicle involved, and a judge would have to make its removal an order of the court.
"Another option is to pursue a legal claim for nuisance behaviour on the grounds that the driver is interfering with your use and enjoyment of your property.
"You should be aware, however, going through the courts, can be a long and potentially costly process if you do not have legal expenses insurance."
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