A car parked on someone else’s drive could be left unpunished due to a bizarre legal loophole which is causing homeowners a headache.
Parking laws can be complicated at the best of times but parking on someone else’s drive is a grey area that offers little to stop others from doing it.
Because a driveway is private property, the council has no authority over it and cannot dictate or control access.
That means there is little chance of the law getting involved if a driver parks on someone else’s driveway, and homeowners could be left in a tricky position.
Car rental experts at StressFreeCarRental.com have explained that homeowners are often turned away by their local authorities when they call to complain about others parking on their drive.
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A spokesperson said: “Unfortunately, many homeowners stuck with someone else parked on their driveway are turned away from local authorities and councils as they have no authority to remove vehicles from private properties.
“Although this act can very often go unpunished, there are some things irritated homeowners can do to help avoid this problem happening to them again.”
A local authority may get involved if a car is parked on a public road blocking a driveway, because this would be committing a parking offence.
In that case, councils could issue a fine to the motorist.
Councils may also get involved in a homeowner suspects a vehicle has been abandoned because the local authority is required to move the car regardless of whether it is on private or public land.
However, cars with an up to date MOT, tax and insurance which are not in a dangerous position also leave councils powerless to do anything about them.
There is no criminal law against a stranger deciding to park on a driveway without asking the homeowner for permission, but the driver may be committing an act of trespass because the drive is part of private property.
But trespassing is a civil offence so police would not be able to make an arrest.
A court would have jurisdiction to remove the car from the driveway if the homeowner chose to pursue a civil case for trespassing.
For that to work a solicitor from the homeowner’s side would need the court’s permission to check the owner of the vehicle and then the court would need to make an order to remove it.
Another route homeowners could go down is to pursue a legal claim for nuisance behaviour.
This would be on the grounds that the driver is interfering with the use and enjoyment of the property.
But going through the courts can be a long and expensive process for homeowners.
The worst thing homeowners can do is to take the law into their own hands because this could lead to them committing a criminal offence themselves.
It is better to stay calm and not let the situation escalate.
They could also install a locked fence around the drive for the peace of mind that no one will park on their land while their vehicle is off the driveway.
