If you own a home with a driveway, you have probably faced the annoyance of finding it blocked by another person's vehicle or discovering an unauthorised car parked on your land. Although it may seem reasonable to act immediately because the property is yours, UK law sets specific boundaries on what you are allowed to do.
Acting without understanding these rules could lead to fines or serious legal problems. There is also a genuine risk of disputes with neighbours, particularly if the people involved live nearby.
Curwens Solicitors have provided guidance on what can legitimately be done when somebody parks on your driveway.
Trespass is a civil matter, not a criminal one
There is no criminal law that prohibits someone from parking on your driveway without permission. However, because your driveway forms part of your private property, driving onto it amounts to an act of trespass, according to the solicitors.
Trespass is a civil offence rather than a criminal one, meaning the police do not have the power to make an arrest. A solicitor can help, but any resolution will not be quick.
The experts said: "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 financial sense
The solicitors noted 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".
Can you tow a car or leave a note?
Households cannot have an unauthorised car clamped or towed away without proper authorisation. It is advisable to consult with a legal expert about which options might suit your particular circumstances best.
Don't allow the frustration of repeatedly finding the same vehicle on your driveway, week in, week out, to become a costly lesson in criminal law.
The solicitors cautioned 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."
