4 days ago
What the law says about parking on someone's drive - and what homeowners can do
What the law says about parking on someone's drive - and what homeowners can do
While it may be challenging, property owners are often encouraged to resolve these situations diplomatically
Is it a criminal offence, or isn't it?
(Image: Patryk_Kosmider via Getty Images)
For homeowners plagued by the recurring irritation of strangers using their driveway as an unofficial car park, the 'right response' may seem unclear. It begs the question: is this situation addressed by the Highway Code, or should police be involved?
According to recent Highway Code rules, there is a 'hierarchy' of road users that assigns greater responsibility to drivers of larger vehicles to safeguard other, more vulnerable road users. Within its guidelines, Rules 239 to 252 detail the requirements and restrictions regarding parking.
Rule 243 is unambiguous, stating that drivers must not stop or park 'in front of an entrance to a property'. Nevertheless, current legislation doesn't explicitly classify parking on someone else's driveway without permission as a criminal matter, according to Lancs Live.
Property owners are, therefore, advised to handle these situations diplomatically. This may involve politely requesting the motorist to relocate their vehicle or placing a courteous message on the windscreen if the vehicle owner cannot be found immediately.
Trespassing - which includes parking on private property without authorisation - quite often constitutes a civil rather than a criminal matter. According to SomersetLive, this means police rarely intervene with vehicles parked on private driveways.
However, local authorities may step in to remove a car if it appears to be abandoned. On the flipside, if you return home to find a car blocking your driveway, this is actually considered a violation of the law, and drivers may risk a penalty.
Fines for cars that get in the way of a driveway
Civil Parking Enforcement (CPE) powers mean local authorities can dish out fines for cars that get in the way of someone getting in or out. Online resource Ask the Police provides further advice on this matter.
Its experts 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 added: "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 procedure varies depending on the local council policies and may necessitate direct reporting to the local council or, in the absence of a council-enforced CPE, contacting the 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 more information on parking rules, you can visit Ask the Police, here.
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