If someone parks on your private driveway without permission, they are committing trespass, according to Curwens Solicitors. However, trespass is a civil offence, not a criminal one, which means the police do not have the power to make an arrest. A solicitor can help, but the results will not be instant.
What you can legally do
Curwens Solicitors advise that if you know who is responsible, particularly if the same neighbour, contractor or visitor keeps doing it, a solicitor can send a formal letter requiring them to stop. That letter can make clear that the land is private, permission has not been given, and continued trespass may result in legal proceedings.
If the behaviour persists, court action may be available. Depending on the circumstances, that could include a claim for trespass or nuisance and, in an appropriate case, an injunction preventing further interference with your property.
When legal action makes sense
The solicitors pointed out that if someone parks on your drive for half an hour and causes no measurable financial loss, spending thousands pursuing them through the courts may make little financial sense. Legal action becomes more attractive where the conduct is repeated, deliberate and seriously interferes with your enjoyment of your property.
Households cannot have an unauthorised car clamped or towed away without proper authorisation. It is a good idea to chat with a legal professional about what options might work best for your specific situation.
The risk of leaving a note
The solicitors warned that even writing a polite “please do not park here again” message on a wet sheet of paper over the passenger or side window may leave you subject to a criminal damage charge. Under the Criminal Damage Act 1971, damage can include temporary impairment or anything requiring time, effort or expense to clean up.
Curwens Solicitors specified, “If the driver cannot use the vehicle safely until they expend time and effort to remove your note, this legally meets the threshold of criminal damage. The absence of glue does not change the fact that you have actively created a cleaning burden.”
