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Daily Record
Daily Record
Lifestyle
Lucy Farrell

Parking rules for neighbours after 'thoughtless' driver traps homeowner's car

Neighbours are known to clash at times and parking is one particularly heated area.

It's guaranteed to spark a row when a resident parks in a driveway of another home. Indeed, one motorist's "thoughtless" parking has left their neighbour fuming so much so that they felt compelled to leave a long note.

While the vehicle was not parked on the driveway, the overlap meant the homeowner's car was blocked in. A bystander couldn't help but notice the lengthy warning and shared the image online, leading the public to weigh in on the debacle.

Posting on a Reddit forum, a user captioned the image: "When your neighbour parks 20cm into the ramp to your drive".

The note read: "Your parking is anti-social and thoughtless. Your car is too long to park here legally. It either sticks out too far at the front, or - as now - at the back, or both."

"For a week in September, we could not get our car out because yours and another car blocked our car in. Please stop."

But what exactly are the rules on parking near a neighbours driveway? While it is no doubt a rude thing to do, it's not a criminal offence.

While rule 243 of the Highway Code says "DO NOT in front of an entrance to a property", doing so won't necessarily land you in trouble with the law. This is down to a legal loophole that allows the inconsiderate act to go unpunished.

When someone parks in front of your driveway, your first inclination may be to call the police or council to have it removed, but you should not assume that higher authorities will be able to help you.

According to the RAC, there is no criminal law against the "indecent act" of someone else parking on your driveway.

However, a driveway and its ramp is considered to be private property and those who park even slightly on it without permission can be considered trespassing - which is a civil and not criminal offence - meaning police don't have the power to make an arrest.

At one time, parking enforcement was handled by police but amendments to the Road Traffic Act 1991 transferred responsibilities to local authorities. They can issue a penalty charge notice for road parking offences, but only on public land like highways and roads.

While there is little chance of getting higher authorities to assist, you can file a civil case for trespassing. Only then would the courts have jurisdiction to remove the car from the driveway.

Another approach is to file a legal claim for nuisance behaviour on the grounds that the driver is disrupting your enjoyment and use of personal property. A final but little recommended option is to hire a tow truck to remove the car yourself.

While this is permitted, you are considered liable if the car gets damaged. So, rather than relying on authorities, it might be best to maintain good relations with your surrounding neighbours to avoid any potential parking feuds.

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