Finding a car parked across the kerb can be a frustrating sight for homeowners, but one expert has now revealed whether or not someone can legally block the access to your drive. According to consumer lawyer Dean Dunham, many people are left “surprised” when they learn that blocking a driveway isn’t actually an offence. In a YouTube video, Dean went on to say that it isn’t actually a criminal offence to park on someone’s drive.
Instead, Dean says that police will tell motorists they either cannot take action, or that it is a civil issue. In a video, he explained: “Lots of people are always surprised to hear, when I tell them, that it’s not actually illegal to park in front of someone’s driveway. It’s not even illegal to park on their driveway.
“That’s because parking on their driveway means that you are parking on private land, and therefore it can’t be criminal. Parking in front of the driveway is not illegal because there is no law that says it is.
“At this point lots of people often say, ‘Yes there is, rule 243 of the Highways Code says do not park in front of someone’s property’. Yes it does say that, but that does not make it a legal requirement.”
Dean went on to explain that anything in the Highways Code is only a legal requirement if it contains “must not” at the beginning. He continued: “Here, rule 243 does not say that, it says ‘do not’ meaning it is simply an advisory note.
“What follows is that if you were to call the police, they would not do anything, they would tell you to simply speak to your neighbour or that it is a civil matter.”
Dean however went on to say there is an exception. If you have a dropped kerb, in front of your driveway, then he says you can call the police or council and explain someone has blocked it.
Dean explained: “If you have a drop curb in front of your driveway then you can call the police or local council and say that someone is parked in front of a dropped kerb in front of your driveway because then the local police or authority would potentially have the power to issue a parking ticket.”
The expert says that is because the “dropped kerb rule” means it is a parking contravention. He also explains that parking on the pavement could be deemed illegal if you cause a potential nuisance to others.
There are some other exceptions where the Highway Code says you cannot park on the pavement. Rule 244 states: “You MUST NOT park partially or wholly on the pavement in London or Scotland. Exceptions are allowed in limited circumstances.
“You should not park partially or wholly on the pavement elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.”
Should homeowners find someone parked across their drive, Dean advises they should speak to the car owner before attempting to take any further action.