PARKING disputes are always troublesome for motorists, with spaces becoming a rare commodity.
It’s seen many people put finding a home with a driveway at the top of their list of “must haves” when looking to buy or rent a new property.
But what can you do if someone parks on your driveway, and what does the law say they can get away with?
Here’s everything you need to know.
If a stranger parks on your driveway, the police are unlikely to get involved as it is trespassing, which is a civil case.
Unfortunately, a strange legal loophole means anyone can park on your driveway – and there’s not much you can do about it.
There have been a number of cases in the UK where homeowners have been stuck with a stranger’s car on their driveway, only to be told neither police nor local authorities have the power to move it.
In the instance of a stranger parking on your driveway, an issue arises when the line between criminal and civil law is blurred.
If a car is parked on a public road and it’s blocking your driveway, local authorities certainly have the power to issue a fine.
But once the car moves on to your drive, it’s technically on private property – and local councils have no jurisdiction.
Councils are required to remove abandoned cars from both public and private property, but if the motor in question is taxed, insured, has a valid MOT and isn’t in a dangerous condition, they are unlikely to touch it on private land.
The first course of action is to speak with the owner of the vehicle parked on your drive.
If you can solve the problem amicably, then this is the best option all round.
Jack Cousens, head of roads policy for the AA, said: “In a bizarre way, the system seems to favour the offender over the victim in this case.
“Because the offence of trespass is a civil matter the police cannot get involved, and as the vehicle is on private land the council cannot help either.
“So the only options available to homeowners seeking to get back what is rightfully theirs, costs both time and money.”
According to RED Driver Training, what makes parking across someone’s driveway illegal is if there IS a dropped kerb – not that you’re blocking access.
If someone is blocking your driveway it is not technically illegal, although it might feel like it should be.
But if you’re parked over a dropped kerb – or even only covering it slightly – you could receive three points on your licence as well as a £100 fine.
A dropped kerb is where the pavement has been flattened to meet the level of the road.
It is also called a crossover, and allows cars to drive over the pavement to get into their driveway from the road easily.
In the rare case someone is blocking your driveway and will not leave, you should call the local council as it is a civil matter, it is not a police case.
However if the car is causing an obstruction in the road then the police can be involved.
It’s not “your right” to park in front of your house – unless you have a designated parking space.
Although it might be tempting, you’re not allowed to save “your” space with a cone, either.
Your neighbours might try to leave the space outside your house for you out of niceness, but it’s no legal requirement.
Provided your street isn’t governed by residents’ parking permits, any member of the public can park there – as long as they are complying with restrictions and not causing obstructions.
If your street uses permits, anyone with the right permit can park anywhere in the relevant zone.
