Legal Loophole Means Strangers Can Park On Your Driveway
Published
If you ever return home and see some cheeky individual has parked their car on your driveway, you might assume a quick call to the authorities would get the whole matter sorted out - but a legal loophole means that you could be left out of luck.
Yep - there's actually very little chance that law would get involved if a motorist decides to park on your private driveway.
Generally speaking, your local council has absolutely no authority over private property - such as your driveway - and therefore isn't in a position to say who can and can't park there, the Express reports.
However, if the car is parked on a public road and is blocking your driveway, they are committing a parking offence and authorities can get involved and dish out a fine.
Similarly, if a car was abandoned on your private property the local council would have to step in and remove it.
But, assuming the car isn't causing a potential danger to anyone, and it has a valid MOT, tax and insurance there's nothing the council can do.
A spokesperson for StressFreeCarRental.com told the Express: "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."
The RAC says the best course of action is to 'stay calm' and not attempt to take the law into their own hands.
The RAC also doesn't recommend you trying to get it towed away, as you could be liable for any damage caused to the car in the process.
The company went on to suggest practical measures, such as putting up a lockable fence or gate around your driveway to keep others out.
As a driveway is a private property, anyone parking there without permission is trespassing, but as trespassing is a civil, rather than criminal, offence the police can't make an arrest.
If it's still an issue, homeowners will be able to pursue a civil case for trespassing but it could be a lengthy and expensive process that will likely require lawyers.
