This is what you can do by law if someone parks on your drive

While someone else plonking their car in your driveway is definitely deeply irritating, it's not actually illegal.

Friday, 7th September 2018, 8:32 am
Updated Friday, 7th September 2018, 8:36 am
This is what you can do by law if someone parks on your drive.

Why is this allowed?

The Road Traffic Act 1991 handed all power over parking enforcement from the police to local authorities, but the council isn’t able to help you either.

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This is what you can do by law if someone parks on your drive.

While councils can fine drivers for parking offences on the roads, it can’t do anything about vehicles on private property – whether they have permission to park there or not.

An RAC spokesperson said: “When a car is on a drive, it’s technically on private property – and the council has no authority to remove it.”

How can I get rid of the car?

The long and short of it is that it’s best not to.

You can try and move the car yourself, but if you damage it it could be you that ends up in front of a judge and forced to pay.

The Ask The Police website says: “Don’t damage/clamp the vehicle or have it removed by a third party for destruction or storage without first seeking legal advice.

“If you do any of these things, you may commit a criminal offence or the owner may pursue a civil action against you.

“Under no circumstances would we advocate you merely pushing the vehicle on to a road and leaving it there as you may commit a number of offences.”

The RAC says the best thing to do is sit tight, wait for the owner to remove the car and not let the situation escalate.

Is there any type of legal action I can take?

Yes. While parking in someone else’s drive is not a criminal offence, it does count as trespassing, which is a civil offence.

This means you can pursue a civil case against the driver for trespassing, and if you win, authorities will then be able to remove the car.

You could also pursue a claim for nuisance behaviour on the grounds that the driver is “interfering with your use and enjoyment of your property”.

However, claims like these are both expensive and can take a very long time. It’s up to you to decide whether it’s worth it.

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