It is amongst the most infuriating situations you could face. You wake one morning, or return home from the office one evening, to discover somebody has parked on your driveway.
Your initial reaction would likely be that this is completely outrageous and requires police intervention. However, you would be mistaken. I consulted legal professionals and motoring specialists to clarify what action you can take if somebody parks on your driveway. They all provided near-identical guidance.
Specifically, they each highlighted certain steps you should take take — and one thing you absolutely must not.
Paul Britton, CEO of Britton and Time law firm in London and Brighton, explained: "If someone actually parks on your drive it's trespass, a civil matter, not usually a crime. That means police often won't attend unless there's aggravation (threats, damage, breach of the peace)."
However, he cautioned: "You can't clamp them. Private clamping is generally unlawful. If someone dumps a car on your drive the law gives you civil remedies but no quick DIY removal route. Don't damage it, push it into the road, block it in, clamp it or tow it. Don't get into a confrontation — especially if you're filming or they are."
Even if your own vehicle is blocked in by an inconsiderate parker, you don't have an immediate and straightforward remedy. Paul said: "If your car is blocked in on your own drive, you're again into obstruction/enforcement territory — start with council (if on the road) and police only if there's danger, threats or serious obstruction."
Richard Evans, head of technical services at webuyanycar, offered similar guidance: "If a vehicle is parked on your private drive without permission, this is usually a civil matter rather than a criminal one and councils will not normally intervene. You should not block the vehicle in or attempt to clamp it yourself, as this could lead to legal trouble. Instead, try to locate the owner and take photos for evidence. If it becomes a recurring issue, clear signage or legal advice may be appropriate, but a calm and proportionate response is always recommended."
Benson Varghese, a criminal defence lawyer at Varghese Summersett law firm, explained: "Parking on your actual private driveway without your permission is trespass, although this is a civil matter and not a criminal one, which means the police will not get involved simply because someone is parked on your driveway. The council will also not be able to move the vehicle from your private property unless it is abandoned or a danger to others."
However, he was explicit about what not to do: "Tinkering with another person's car, be it moving it, damaging it, or doing anything else, can land you in legal trouble.
"Being blocked in or having your driveway used without your permission is incredibly frustrating, but the legally sound way of dealing with it is through calm communication and the appropriate enforcement authority-not through taking the law into your own hands."
You might be taken aback to learn that it's not a criminal offence for someone to park their vehicle on your drive. Instead, it's the civil offence of trespass so it's unlikely the police will intervene unless there are aggravating circumstances.
Even the council's response may be restricted. The Road Traffic Act 1991 transferred responsibility for parking enforcement to local authorities, who can act if the offence is committed on a public highway (ie, the road).
So if a car is blocking a driveway whilst parked on a public road, the council can act, most likely by issuing a fine. But when a car is on a drive, it's technically on private property and the council has no authority to remove it.
If the vehicle has clearly been abandoned, the local council would be obliged to remove it irrespective of whether it's on public or private land, but if the car has current tax, insurance, MOT and isn't in a hazardous condition the council is unable to take action.
Jonathan Such, motoring expert at vehicle finance provider, First Response Finance, offered the following recommendations:
And John Wilmot, CEO of car leasing comparison site LeaseLoco.com, advised that "whilst the most effective way to protect your property is installing a driveway gate, putting out simple deterrents like parking bollards or posts, cones and signs can also help to prevent strangers from parking in your driveway".
More than 10 legal and car experts gave their view on what you could do if someone else’s car is parked on your driveway — and their views were remarkably consistent.