Three property and automotive experts agree that UK residents have no automatic legal right to park on the public road directly outside their home. Andrew Boast, director and founder of SAM Conveyancing, says most homeowners are unaware of this – and that council enforcement depends on whether the dropped kerb is an officially licensed council crossover.
Only a Section 184 licensed crossover permits councils to issue a Penalty Charge Notice under the Traffic Management Act 2004. Unlicensed crossings cannot be enforced. Boast also points out that “being blocked out and being blocked in are treated very differently.”
When will the police act?
Police are unlikely to get involved if someone is blocking access to an unoccupied driveway, according to Boast. However, if you are stuck inside your property, they may treat it as deliberate obstruction and can arrange for the vehicle to be towed away.
Peter Thum-Bonanno, co-founder and CTO of GetAgent, explains the general position: “In the UK, there is no automatic legal right to park outside your own home on a public road. The road belongs to everyone, and your neighbour is technically entitled to park there, however frustrating that may be.”
Start with a conversation
Thum-Bonanno says the first step is always a calm, direct conversation, and that most parking disputes are resolved quickly this way. If that fails, the local council may be able to help if the vehicle is causing an obstruction, blocking a dropped kerb or violating parking restrictions. He highlights that a dropped kerb is protected and parking across it is a specific offence the council can enforce.
Automotive specialist Matt Clamp of Scrap Car Comparison suggests the easiest approach is usually to “politely ask them to move it” if the owner is known, as a brief conversation with a neighbour or their guest often resolves the problem.
The legal process for a blocked dropped kerb
If the vehicle owner is unidentified, Clamp says householders should contact their local council. The council may issue a Penalty Charge Notice or, in more severe cases where the vehicle is creating a hazard, arrange for it to be taken away. He cautions that this is “a lengthy process” and not an instant fix.
Clamp also emphasises that motorists should “avoid causing any damage to the vehicle,” as doing so could result in criminal charges, fines or compensation claims.
Parking in your driveway: trespassing
All three experts agree that parking in a driveway is an entirely different scenario and could be deemed trespassing. Thum-Bonanno says: “Your driveway is private property, and a vehicle parked on it without permission is trespassing.”
Even then, you cannot simply have the car towed or damage it, as that could expose you to a civil claim. The correct route is to contact the police, who may be able to assist, or if the vehicle is abandoned, the DVLA can arrange removal after a period.
Document everything
In practice, Thum-Bonanno says a firm but polite note on the vehicle is often the fastest resolution, followed by a letter before action from a solicitor if the problem persists. Should the issue continue, he advises documenting everything.
Maintaining photographs with timestamps and dates, along with a written record of incidents, can provide vital evidence if the dispute escalates to the council or results in a civil claim.
The expert also warns that unresolved parking disputes can become problematic when selling a property, as neighbour disagreements over access may emerge during conveyancing and “delay or complicate a sale,” making it worthwhile to address the problem early.
