For those homeowners tormented by the all too frequent nuisance of uninvited cars turning their driveway into an impromptu parking space, the course of action may seem murky. It raises the question: does the Highway Code cover this scenario, or is it a matter for the police?
As per the latest iteration of the Highway Code, revised just last year, there is now a “hierarchy of road users” which places greater responsibility on those driving larger vehicles to protect other, more vulnerable, road users. Amongst its provisions, from Rules 239 to 252, these sections outline the dos and don’ts of parking.
Rule 243 is explicit, noting that motorists must not stop or park “in front of an entrance to a property”. However, the law does not currently consider it a criminal offence to park on another person’s driveway without gaining prior consent. Homeowners are encouraged to resolve these issues amicably—perhaps by kindly asking the driver to move or by leaving a polite note on the windscreen if the car owner can’t be immediately located, reports Lancs Live.
Trespassing, which includes parking on private land without consent, is a civil dispute rather than a criminal one, hence police rarely intervene with vehicles parked on private driveways. However, local authorities may step in to remove a car if it appears to be abandoned, reports SomersetLive.
Should you discover a car unwittingly barricading your driveway upon returning home, you may not be aware, but often the obstructive parker is actually in violation of the law and risks landing themselves a penalty. Civil Parking Enforcement (CPE) powers mean local authorities can dish out fines for cars that get in the way of someone getting in or out.
The familiar online resource Ask The Police offers guidance on this issue, to which experts advise: “If the vehicle is blocking access to your driveway you should first make enquiries with the neighbours to see if they know who the car belongs to, so they can move it.”
They also reportedly emphasised: “In most areas local councils have now taken on responsibility for enforcing parking provisions under what is known as Civil Parking Enforcement (CPE). Under CPE, it’s an offence to park a vehicle that blocks a dropped kerb driveway.”
Moreover, the procedure varies depending on the local council policies and may necessitate direct reporting to the local council or, in the absence of a council-enforced CPE, contacting the local police. It is noted that, “The police/council policy for dealing with such matters may vary between forces/councils. Some police forces may only attend if your car has been blocked in and you cannot get out.”