When an unauthorised vehicle parks on your driveway, the driver commits trespass, but this is a civil matter, not a criminal offence, meaning police cannot arrest the offender. Legal action is possible, but it will not produce immediate results.
Curwens Solicitors explained that no criminal law exists against parking on a driveway without permission. However, because the driveway is private property, driving onto it constitutes trespass. Since trespass is civil, police lack arrest powers, and while legal representation can help, outcomes take time.
Formal letters and court action
If the offender is known, such as a neighbour, contractor, or visitor who repeatedly parks there, a solicitor can send a formal letter demanding they stop. The letter can state that the land is private, permission has not been given, and continued trespass may lead to legal proceedings.
If the behaviour persists, court action may be available, including a claim for trespass or nuisance and, in appropriate cases, an injunction preventing further interference with the property.
Costs and practicality of legal claims
The legal experts noted that pursuing someone through court for thousands of pounds may be financially impractical if they parked for only half an hour without causing quantifiable monetary loss. Legal action becomes more attractive when the conduct is repeated, deliberate, and seriously interferes with enjoyment of the property.
Towing and notes: risks of criminal damage
Homeowners are prohibited from clamping or removing an unauthorised vehicle without proper authorisation. Consulting a legal expert is advisable to determine suitable options.
Curwens Solicitors warned that even leaving a polite note, such as "please do not park here again," on a wet sheet of paper over a window could lead to a criminal damage charge. Under the Criminal Damage Act 1971, damage includes temporary impairment or anything requiring time, effort, or expenditure to remove. The solicitors specified that if the driver cannot use the vehicle safely until they expend time and effort to remove the note, it legally meets the threshold of criminal damage, and the absence of glue does not change the fact that a cleaning burden has been created.
