Caution for homeowners: loophole allows unauthorized parking on your driveway

Homeowners are being cautioned about a potential “loophole” that distinguishes unauthorized parking on their driveway as a civil matter rather than a criminal offense. Due to its classification as trespassing, neither law enforcement nor the council holds the authority to intervene and remove the vehicle. Normally, it is prohibited for individuals to park on your driveway without your permission. However, in cases where this occurs, authorities are unlikely to get involved as trespassing is considered under civil law, unless there is an obstruction to access or a safety threat. Experts from the motor industry have provided guidance on how to address this issue and have outlined steps that homeowners can take to deter strangers from using their driveways. The Highway Code’s Rule 243 outlines areas where parking is prohibited, such as near school entrances, bus stops, within ten meters of a junction, and anywhere that obstructs access to emergency services. Yet, parking on private driveways is viewed as trespassing, which is a civil matter. Police and councils lack the power to remove a vehicle parked on private property, as revealed by recent reports. Homeowners are advised against attempting to remove the car themselves, as it could lead to legal consequences for vandalism. The recommended approach is to try resolving the issue through communication with the other party involved, and if necessary, resort to legal action if the problem persists. Local councils may intervene if a vehicle obstructs a dropped kerb or disrupts public access. In case of recurrent issues, contacting the driver, notifying local authorities or seeking advice from Citizens Advice may be necessary. When a vehicle is parked on a public road and blocks a driveway, the council or police might have the authority to address the situation. Additionally, if you share a driveway, your neighbor is not permitted to park in your assigned area. According to the RAC, councils can intervene if a vehicle is obstructing a public road or driveway while parked on a public road. While no specific criminal law prohibits parking on someone’s driveway without permission, it violates property rights and should be handled as a civil matter. To prevent such situations, homeowners can limit access to their driveways by installing removable parking bollards, traffic cones, or expandable barriers in their absence. Prominently displayed signs with messages like ‘No Parking’ or ‘Private Driveway’ can also serve as effective deterrents, with some opting to install driveway gates or cameras for additional security. A recent survey has indicated that nearly a quarter of Brits are either making money by renting out their driveways or considering doing so to earn extra income and utilize unused space. This practice can be particularly advantageous in areas near sports venues, arenas, and city centers where parking is in high demand during large events. Renting out driveway spaces has gained popularity among residents near football stadiums, who capitalize on offering their spots to fans on match days to earn additional cash. John Wilmot, the chief executive at LeaseLoco.com, highlighted the legal aspects of this situation, emphasizing that parking on someone’s driveway without permission, while not a criminal offense, is a significant breach of personal space. Wilmot advised on addressing unwanted parking by taking preventive measures like installing deterrents and engaging in calm conversations with potential offenders. He also pointed out the opportunity for those in strategic locations to utilize their driveways for additional income by allowing motorists to park on their terms. It is essential to handle such situations calmly and resort to legal action if issues persist, rather than taking matters into your own hands.