Discovering your driveway is blocked or someone has parked on your property can throw off your day. Many homeowners think they can act immediately, but UK law has specific guidelines. Taking action without knowing the rules could result in fines or legal issues.
Understanding civil trespass
If a neighbour parks directly on your private driveway without permission, they commit civil trespass, which is a civil matter, not criminal. Police and councils generally have no power to intervene, fine, or remove the vehicle.
Dropped kerbs have more specific regulations. According to the Highway Code, drivers must not park in front of a dropped kerb leading to a driveway. Enforcement is based on the Road Vehicles Regulations 1986, section 103.
What you should not do
Do not clamp or tow the vehicle. Clamping or towing on private land was banned under the Protection of Freedoms Act 2012. Doing so yourself is a criminal offence.
Do not block them in, as this can be wilful obstruction or a civil wrong. Do not damage the car. Attempting to push or move it can make you liable for criminal damage.
Your legal rights and options
If the behaviour persists, you can hire a solicitor and apply for a county court injunction to stop the trespass. Breaching an injunction becomes criminal contempt of court.
You can sue for civil trespass or private nuisance, especially if you suffer financial loss or severe disruption. If you share a driveway, check your Land Registry title deeds. Most shared driveways grant a right of way for access only, not parking.
When police may help
If the neighbour parks on your drive but your car isn't there, it's standard civil trespass; police won't help. According to Nationwide Vehicle Contracts, you should try to find the driver, take photos as evidence, keep records, and seek legal advice if it recurs.
If they park across your dropped kerb and trap your car inside, it constitutes wilful obstruction of the highway. Police or council can intervene under Civil Parking Enforcement to issue a fine or arrange a tow.
In such cases, call 101 to report, explain if you need urgent access for work or medical reasons, and highlight safety risks. Police may act if access or safety is affected. You can also contact your local council, which may issue Penalty Charge Notices for vehicles blocking driveways with dropped kerbs.
Best steps to take
Take clear photographs of the vehicle, registration plate, and position. Keep a written log of dates and times if recurring. Place a civil, non-threatening note on the windscreen stating it's a private driveway and asking them to move.
If the vehicle is unfamiliar and left for days, contact the council about it being abandoned. If direct chats fail, consider community mediation before legal action. Property disputes must be disclosed when selling your home, so keeping things amicable is beneficial.
