What to do when someone blocks your driveway
Discovering someone has parked across your driveway can be frustrating, especially when you are unable to get in or out. Whether it is a parent on the school run or an inconsiderate stranger, the situation can be exasperating. However, authorities can intervene if the problem becomes persistent or drags on for a considerable length of time.
The matter was raised on the Ask the Police website, operated by the Police National Legal Database, where an aggrieved individual asked: "Someone has parked their car and it is blocking my driveway. What shall I do?"
The first course of action recommended by police is to enquire with neighbours to establish whether anyone recognises the vehicle and can arrange for it to be moved, particularly when access to your own driveway is obstructed. In some localities, the local council may also be in a position to assist.
The online guidance says: "In most areas local councils have now taken on responsibility for enforcing parking provisions under what is known as Civil Parking Enforcement (CPE). Under CPE, it's an offence to park a vehicle that blocks a dropped kerb driveway. You can check if your local council has taken on CPE via the link here."
It added: "If your council has taken on CPE, you will usually need to report vehicles that are obstructing a dropped kerb directly to them – you can contact them via the link here."
On Reddit, one user complained about people parking across his driveway: "People up and down the street keep parking over my drive and so when I finish a 12 hour shift I’m forced to park down the road. The issue is the flats opposite are getting renovated by the council and people can’t be bothered to park further down the street and walk up to the flats. It seems a bit unfair that I have to work through the day or night come home and then have to park away."
A respondent on the forum noted that if a vehicle is blocking a dropped kerb, the council can issue a Penalty Charge Notice (PCN).
Police and council involvement
The Metropolitan Police stated: "If someone has blocked your driveway so you can't drive in, we appreciate this can be very frustrating." They suggest contacting the local council if a vehicle is blocking a driveway and preventing you from getting your own vehicle out, and state they may be able to help. Antisocial behaviour can also be reported online.
Police advise asking the owner of the vehicle politely to move it, and if the owner cannot be found, leaving a note on the windscreen, as the driver may not realise they caused a problem.
However, police forces have made clear they will not get involved in disputes over vehicles parked on driveways. One constabulary stated that if someone parks on a driveway without permission, it is trespassing and a civil dispute, and that they cannot help. They recommend seeking advice from Citizens Advice or a solicitor for repeated incidents and having a polite word with the driver first.
The RAC verified that parking on a driveway without consent is an act of trespassing, which is a civil offence not a criminal offence, meaning police do not have the power to make an arrest.
Legal options and limitations
The RAC stated that if another car is parked on a driveway, it is technically on private property and the council has no authority to remove it. They also noted that it is perfectly legal to park outside someone's house unless the vehicle is blocking a driveway or a wheel is over a dropped kerb, and that drivers do not have an automatic parking spot outside their homes where no parking controls exist.
Local authorities are required to remove abandoned vehicles regardless of whether they are on public or private land, but have no authority to intervene if the car has valid tax, insurance, MOT and presents no safety hazard.
The RAC cautions that there is no quick fix for motorists whose driveways are temporarily blocked, with legal proceedings potentially taking considerable time. They state: "The best thing to do on a one off is to keep calm and don't let the situation escalate, never take the law into your own hands and do not stoop to revenge tactics that could get you prosecuted also."
A solicitor could secure authorisation from a civil court to identify the vehicle's legal owner, and a judge could mandate its removal. A homeowner can file a legal claim for nuisance behaviour if a driver is infringing on their enjoyment of their property, but the RAC warns this can be a long and costly process without legal expenses insurance.
What not to do
The RAC recommends against towing a vehicle blocking a driveway, as the vehicle owner could be liable for damages if the car gets damaged. The Ask The Police website advises not to damage, clamp, or have a vehicle removed by a third party without first seeking legal advice, as doing so may commit a criminal offence or lead to civil action. They also advise against pushing a vehicle on to a road and leaving it there, as it may commit a number of offences.