While many would think it isn’t allowed, motorists can indeed park in someone else’s driveway due to a legal ‘loophole’ that doesn’t classify this as breaking the law.
According to Rule 243 of the Highway Code, drivers are prohibited from parking in several spots. These include areas close to school entrances and bus stops, within ten meters of a junction, and anywhere that blocks access for emergency services.
Parking on private driveways is considered trespassing, which is a civil law offence. This means that neither the police nor the council can remove the vehicle since it is on private property.
While this isn’t a direct ‘loophole’ in the Highway Code, it is more a consequence of driveways being treated as private property, reports Devon Live.
If someone parks in your driveway, homeowners really shouldn’t handle it themselves. Trying to move the car on your own could get you in trouble for vandalism.
A petition on Change.org asking for a revision to this legal ‘loophole’ has received widespread backing. Named “Make it illegal to park on someone else’s driveway,” the petition has gathered over 42,000 signatures since its launch this summer.
Thousands back the proposal, with one supporter named Derek writing: “IT’S TIME FOR THAT TO CHANGE!!” Alexandra said: “Our neighbours constantly park on our driveway without our consent. I have trouble parking on my own private driveway. I am exhausted by it all.” Another said: “This is ridiculous, should have been a rule earlier.”
The petition says: “Making it explicitly illegal to park on someone else’s driveway without consent aligns with the need to respect private property and enhance public safety. Introducing fines or stricter enforcement for these violations could serve as a deterrent, encouraging individuals to respect the property rights of others.
“Immediate action is needed to curb this chaotic situation and protect homeowners from the unpredictability and potential dangers posed by this disregard for property. Let’s urge our lawmakers and community leaders to step up and create a safer neighbourhood for everyone. Sign this petition to make unauthorised parking on private driveways illegal and to safeguard our properties and peace of mind.”
What can you do if someone parks on your drive?
The team at LeaseLoco.com is offering tips to homeowners on how to prevent strangers from parking in their driveways. The company suggest starting with a conversation with the other party, and if the issue keeps happening, homeowners might have to consider legal options.
To deal with these situations, property owners can restrict access to their driveways by using removable parking bollards, traffic cones, or expandable barriers when they’re not at home. Prominent and clear “No Parking” or “Private Driveway” signs can also serve as deterrents, alongside fitting a driveway gate or security cameras.
Some householders are even transforming the nuisance into a money-making venture by letting out their driveways when they’re not being used. Research showed almost a quarter of Britons are renting out their driveways, or contemplating it, to generate additional income and utilise vacant space, particularly in locations close to stadiums, arenas, and city centres, where parking spaces can be limited during major events.
This proves especially popular amongst the football community, where households residing near stadiums can earn hundreds per football season by permitting supporters to use their driveways on match days.
John Wilmot, CEO of car leasing comparison site LeaseLoco.com said: “Many homeowners are shocked to find out that a stranger parking in their driveway is not actually a criminal offence, despite it being a clear violation of personal space. This legal grey area can be frustrating, especially if you live in a busy area where it happens regularly, so it’s important to take steps to prevent unwanted parking in the first place.
“While the most effective way to protect your property is installing a driveway gate, putting out simple deterrents like parking bollards or posts, cones and signs can also help to prevent strangers from parking in your driveway. On the flip side, if you live near venues or in busy areas, this situation can be turned into an opportunity, as you could allow other motorists to park in your driveway – on your own terms.
“Renting out your driveway when you’re not using it is becoming increasingly popular and can be a great way to earn some extra income. If you do find yourself in a situation where you come home and see a stranger parking on your property, remember to never take matters into your own hands, or it can land you in serious trouble. Start off with a calm conversation, and if the issues persist, you may need to take legal action.”