26th August, 2022
If a stranger parks on your private driveway, no doubt you’d be pretty upset about it. But, how would you feel knowing that the act is likely to go unpunished?
You’re left wondering, what happens if someone parks on your driveway?
Annoyingly, there is no criminal law against a stranger parking on your driveway without your consent. Yes, it would be considered an act of trespassing – but, trespassing is classed as a civil, rather than a criminal offence, meaning the police are unable to make an arrest.
Similarly, local authorities don’t have the power to remove vehicles that are parked on private properties without permission.
But, what about when someone’s parked vehicle is blocking your driveway? In this case, there would be repercussions. If someone blocks your driveway with a parked vehicle, the driver is committing a parking offence and they could be liable for a fine.
If the vehicle has been abandoned, your local council will be required to move it. But, if the MOT, tax and insurance are valid and it’s not in a position to cause danger to anyone, the council would again be powerless.
Obviously, this would be incredibly frustrating if this happens to you. So you should know that there are some things you can do to help avoid this problem happening again.
You can pursue a civil case for trespassing by asking a solicitor to get the civil court’s permission to find out the legal owner of the unknown vehicle. The court would then need to make an order to have the vehicle removed.
You could also pursue a legal claim for nuisance behaviour – providing the driver is interfering with the use and enjoyment of your property. However, you should also be aware that pursuing legal action through courts can be a long and potentially costly process if you do not have legal expenses insurance that would cover this sort of dispute.
We know it’s frustrating, you should always stay calm and not let the situation escalate. Do not try to take the law into your own hands, as this can result in committing a criminal offences yourself.
Installing a fence around your driveway could help provide reassurance that no one is able to park outside your property when their vehicle is not on the driveway.
Written by: Ashley Kippax
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* Please note that the above information has been gathered through secondary research. The information provided is not based on our opinion. You should seek further guidance and information before making an informed decision.
Sources:
https://www.daslaw.co.uk/blog/what-to-do-if-a-car-blocks-your-driveway
