Anyone can park on your drive and there’s nothing you can do about it
According to the law, it’s not actually illegal to park your car on a driveway without permission. (Picture: Getty)
There’s nothing more annoying than waking up and finding a complete stranger has parked their car on your private driveway. Right? Well, that’s what one woman was faced with this week… so she called the police. Someone parked on this woman’s drive and there’s nothing she can do about itBut unfortunately for her – there was nothing they could do. According to the law, it’s not actually illegal to park your car on a driveway without permission. What is illegal, however, is for the owner of that property to damage the illegally parked car – odd, we know. So what can you do? Here’s everything you need to know if someone dumps their vehicle outside your home… What is illegal, however, is for the owner of that property to damage the illegally parked car – odd, we know.
What is illegal, however, is for the owner of that property to damage the illegally parked car – odd, we know. (Picture: Getty)
Is it illegal for someone else to park on your driveway? No. There is no criminal law against someone parking on your driveway without your consent. Fraudster filmed dancing to Gangnam Style after claiming he was too ill to enjoy holidayHowever, according to the RAC, it is committing an act of trespassing.
A spokesperson said: ‘Your driveway is part of your property so by driving onto it the person is committing an act of trespassing. ‘Trespassing, however, is classed as a civil offence not a criminal offence, meaning the police don’t have the power to make an arrest.’ Can the police remove the car? Sorry, no again. Before 1991, parking enforcement was handled by the police. However, the Road Traffic Act 1991 was then enforced – pushing responsibility to local authorities. The local councils can issue penalty charge notices for parking offences on the road, however if it’s on a driveway, they cannot.
The RAC said: ‘When a car is on a drive, it’s technically on private property – and the council has no authority to remove it.’ She was told the driver’s rights came above hers – so she could be charged with criminal damage if she took the law into her own hands.
(Picture: DN35 CrimeWatch/ Facebook)
What can you do if someone parks on your property? Sadly, not a lot. There is a very small chance of getting the law involved and if you damage the car you could face charges yourself. Queen cuts a lonely figure without Prince Philip at Trooping the ColourThe RAC said that the best thing to do is to keep calm and don’t let the situation escalate. They said: ‘If it’s causing an issue, try and speak to the person and resolve the situation sensibly.’ Can you take legal action? Yes, you can pursue a civil case for trespassing. if you do this, the courts then have the jurisdiction to remove the car from the driveway. Another option is to pursue a legal claim for nuisance behaviour on the grounds that the driver is ‘interfering with your use and enjoyment of your property’. Going through the courts however is a lengthy process, and could be costly.