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Who can park on my driveway? Bizarre legal loopholes means your NEIGHBOUR can

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Who can park on my driveway? Bizarre legal loopholes means your NEIGHBOUR can
Who can park on my driveway? Bizarre legal loopholes means your NEIGHBOUR can

PARKING disputes are commonplace in modern society, but when they happen at home, they can make your life a living hell.

For this reason, many people put finding a home with a driveway at the top of their list of "must haves" when looking to buy or rent a new property.

 Properties with driveways are in high demand with prospective buyers and renters eiqtiqiqrzprw
Properties with driveways are in high demand with prospective buyers and renters

What legal loophole allows anyone to park on my driveway?

If a stranger parks on your driveway, the police are unlikely to get involved as it is trespassing, which is a civil case.

If a car is parked on a public road and it is blocking your driveway, local authorities certainly have the power to issue a fine.

But once the car moves on to your drive, it's technically on private property - and local councils have no jurisdiction.

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There is no legislation in the UK concerning unauthorised vehicles parked on your land.

If the motor in question is taxed, insured, has a valid MOT, and isn't in a dangerous condition, then the police and council will not touch it.

However, if it appears abandoned you can report it and officers will remove it from both public and private property.

What can I do if someone else parks on my driveway?

The first course of action is to speak with the owner of the vehicle parked on your drive.

If you can solve the problem amicably, then this is the best option all round.

If talking breaks down you can go through the court process, but this can be expensive.

Alternatively can park your own car on the drive, blocking in the stranger's motor, as long as you don't block any part of the public road.

Alternatively, you could hire a private tow truck to have it moved, which will see you fork out at least £100.

But keep in mind, any damage incurred when the car is being towed could be thrown back at you by the owner - and you would be liable to pay for it.

If the problem keeps occurring, installing a fence or parking bollard on your driveway to section it off could prevent other motorists from parking there.

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Jack Cousens, head of roads policy for the AA, said: “In a bizarre way, the system seems to favour the offender over the victim in this case.

“Because the offence of trespass is a civil matter the police cannot get involved, and as the vehicle is on private land the council cannot help either.

“So the only options available to homeowners seeking to get back what is rightfully theirs, costs both time and money.

“Thankfully this doesn’t happen very often, but if you are unlucky enough to be the victim you should seek legal assistance as soon as possible.

“A preventative measure would be to install a collapsible bollard on the driveway, but again this is an expense people should not have to part with.”

How much could it end up costing me?

Police will acknowledge the car is technically trespassing, but they will classify it as a civil offence, meaning you would need an eviction notice from the courts.

You would then be forced to start the lengthy - and expensive - legal process in the courts.

A solicitor would be able to obtain the civil court's permission to track down the legal owner, and a judge would have to make its removal an order of the court.

Court enforcers would then be the ones to take action and actually have the car moved.

And all of this would be at your expense, which could end up costing you thousands.

Dan Elsom

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