Lawyer explains your options if someone has parked in your driveway

It’s frustrating when someone parks on your private property. Here’s what you can legally do about it

Few situations in life can be quite as maddening as this. You wake up one morning or return home from work one evening to discover that someone has parked on your driveway.

For most of us, the instinctive reaction would likely be that this is completely unacceptable and a matter for the police. After all, it’s your property! However, you would be mistaken.

Journalist Steffan Rhys consulted legal and motoring experts to establish what you can actually do when someone parks on your driveway. They all gave the same response and, crucially, they all highlighted specific actions you absolutely must take — and one thing you categorically should not.

Paul Britton, CEO of Britton and Time law firm in London and Brighton, said: “If someone actually parks on your drive it’s trespass, a civil matter, not usually a crime. That means police often won’t attend unless there’s aggravation (threats, damage, breach of the peace).”

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What to do if someone has parked in your driveway

Paul advised taking the following steps:

• Put a clear, polite note on the windscreen asking them to move and giving a time limit.
• If you can identify them locally, ask them directly – but be sure to remain calm and courteous
• If it continues, consider a solicitor’s warning letter and then civil action if needed.

Nevertheless, he warned: “You can’t clamp them. Private clamping is generally unlawful. If someone dumps a car on your drive the law gives you civil remedies but no quick DIY removal route. Don’t damage it, push it into the road, block it in, clamp it or tow it. Don’t get into a confrontation – especially if you’re filming or they are.”

Even if your own vehicle is boxed in by a thoughtless driver, there is no simple or instant remedy at your disposal. Paul explained: “If your car is blocked in on your own drive, you’re again into obstruction/enforcement territory – start with the council (if on the road) and police only if there’s danger, threats or serious obstruction.”

Richard Evans, head of technical services at We Buy Any Car, offered similar advice: “If a vehicle is parked on your private drive without permission, this is usually a civil matter rather than a criminal one, and councils will not normally intervene. You should not block the vehicle in or attempt to clamp it yourself, as this could lead to legal trouble. Instead, try to locate the owner and take photos for evidence. If it becomes a recurring issue, clear signage or legal advice may be appropriate, but a calm and proportionate response is always recommended.”

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Is it illegal for another person to park in your driveway?

It may come as a surprise to learn that leaving a car on someone else’s driveway is not actually a criminal offence. Rather, it constitutes the civil offence of trespass, meaning police involvement is unlikely unless there are additional aggravating factors, reports the Express.

Even your local council may face limitations regarding the action it can take. The Road Traffic Act 1991 transferred responsibility for parking enforcement to local authorities, who can only intervene if the offence occurs on a public highway — that is, the road itself.

Should a vehicle be obstructing a driveway while parked on a public road, the council is able to intervene, most likely by issuing a penalty. However, when a vehicle is parked on a driveway, it is technically situated on private land, meaning the council lacks the authority to remove it.

If the vehicle has evidently been abandoned, the local authority would be obliged to remove it irrespective of whether it is on public or private property. That said, if the car has valid tax, insurance and MOT and does not pose a danger, the council is unable to take action.

How can I prevent someone from parking in my driveway?

Jonathan Such, motoring expert at vehicle finance provider First Response Finance, offered the following recommendations:

• Clearly mark your driveway with visible signage such as ‘Private Driveway – No Parking’ — this can act as a strong deterrent
• Keep access points clear and well defined, repainting faded dropped kerb markings where permitted or installing driveaway markings, which can also help remove any ambiguity.

Meanwhile, John Wilmot, CEO of car leasing comparison site LeaseLoco.com, said that “while the most effective way to protect your property is installing a driveway gate, putting out simple deterrents like parking bollards or posts, cones and signs can also help to prevent strangers from parking in your driveway”.

What should I do and not do if someone parks in my driveway?

More than 10 legal and car experts provided their perspective on what you could do if someone else’s car is parked on your driveway, and their advice was remarkably consistent.

DO:

• Try and find out who the driver is
• Leave a polite note on the car explaining that your drive is private property and asking them to please not do it again
• Take pictures of the car in your driveway
• Get legal advice if it continues, as you may be entitled to pursue civil proceedings and the courts have the power to have the car removed (although this could prove expensive)
• If the vehicle appears to have been abandoned indefinitely, notify the council, which may remove it from private land where appropriate.
• Fit a driveway gate, position straightforward deterrents such as parking bollards or posts, cones and signage to discourage and stop strangers from parking on your driveway.

DO NOT:

• Clamp, damage, or tow the vehicle without lawful authority
• Push the car into the road.