Your legal rights if someone parks blocking your driveway

Drivers have been warned over their legal rights - or lack thereof - if someone parks on your driveway or in a way which blocks it because you could end up in serious trouble.

It’s got to be one of the most annoying things that can happen to anyone who is fortunate enough to have off-road parking in front of their house - having it blocked by a selfish driver who thinks they can leave their car across your dropped kerb, stopping you from getting out when you might need to get to work or go on the school run.

But even worse than that, sometimes a seriously inconsiderate motorist might well park ON your driveway itself, possibly mistaking it for a communal space or a pavement. But according to motoring experts LeaseLoco.com, it’s not actually a criminal offence for someone to leave their car on your driveway.

A spokesperson for the firm said: “Homeowners are being warned that other motorists can park in their driveways due to a legal loophole that doesn’t deem this as breaking the law.

“Rule 243 of the Highway Code provides a list of different places where drivers must not park, including near school entrances and bus stops, within ten metres of a junction, and anywhere that prevents access to emergency services.

“Parking on private driveways, however, is classed as trespassing which is a civil matter, meaning that neither police nor the council have the right to remove the vehicle because it’s on private property.

“In this unfortunate situation, it’s important for homeowners not to take matters into their own hands and try to remove the car themselves, as this can get them prosecuted for vandalism.”

Rule 243 also states that drivers should not park in a way which blocks someone's entrance or driveway, including on a dropped kerb.

According to the RAC, you can park outside someone’s house as long as you are careful not to block their entrance and make sure they have enough room to pass round you. This is because the area outside your property isn’t legally yours, and parking there is on a first-come, first-served basis.

To prevent these issues, homeowners can restrict access to their driveways by putting out removable parking bollards, traffic cones, or expandable barriers when they’re not at home.

Clear and visible “No Parking” or “Private Driveway” signage can also act as deterrents, as well as installing a driveway gate or cameras.

Some homeowners are even turning the inconvenience into an opportunity by renting out their driveways when not in use.

John Wilmot, CEO of car leasing comparison site LeaseLoco.com, said: “Many homeowners are shocked to find out that a stranger parking in their driveway is not actually a criminal offence, despite it being a clear violation of personal space.

“This legal grey area can be frustrating, especially if you live in a busy area where it happens regularly, so it’s important to take steps to prevent unwanted parking in the first place.

“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. 

“On the flip side, if you live near venues or in busy areas, this situation can be turned into an opportunity, as you could allow other motorists to park in your driveway - on your own terms.

“Renting out your driveway when you’re not using it is becoming increasingly popular and can be a great way to earn some extra income. 

“If you do find yourself in a situation where you come home and see a stranger parking on your property, remember to never take matters into your own hands, or it can land you in serious trouble. 

“Start off with a calm conversation, and if the issues persist, you may need to take legal action."