What you should do if someone parks on your driveway - and options for towing
For homeowners constantly irritated by strangers using their driveway as an impromptu car park, the 'correct response' might seem a bit hazy. It raises the question: is this situation covered by the Highway Code, or should the police be called in?
Recent changes to the Highway Code have introduced a 'hierarchy' of road users, placing more responsibility on drivers of larger vehicles to protect other, more vulnerable road users. Within its guidelines, Rules 239 to 252 outline the do's and don'ts regarding parking.
Rule 243 is clear-cut, stating that drivers must not stop or park 'in front of an entrance to a property'. However, current laws don't specifically categorise parking on someone else's driveway without permission as a criminal offence, according to Lancs Live.
As such, homeowners are advised to deal with these situations tactfully. This could involve politely asking the driver to move their vehicle or leaving a polite note on the windscreen if the owner can't be located straight away.
Trespassing - which includes unauthorised parking on private property - is often considered a civil rather than a criminal issue. According to SomersetLive, this means the police only rarely get involved with vehicles parked on private driveways.
However, local councils might intervene to have a vehicle removed if it seems to have been abandoned. Alternatively, if you come back to discover a car obstructing your driveway, this potentially breaks the law, and motorists could face penalties.
Civil Parking Enforcement (CPE) powers allow local councils to issue fines for vehicles that prevent someone from entering or leaving their property. Online resource Ask the Police provides further advice on this matter.
Its specialists suggest: "If the vehicle is blocking access to your driveway you should first make enquiries with the neighbours to see if they know who the car belongs to, so they can move it."
They also add: "In most areas local councils have now taken on responsibility for enforcing parking provisions under what is known as Civil Parking Enforcement (CPE). Under CPE, it's an offence to park a vehicle that blocks a dropped kerb driveway."
The process differs according to local council guidelines and might require reporting directly to the local authority or, where council-enforced CPE doesn't exist, contacting local police.
It is noted that: "The police/council policy for dealing with such matters may vary between forces/councils. Some police forces may only attend if your car has been blocked in and you cannot get out."
For additional details on parking regulations, you can visit Ask the Police here.
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