Coming home to find someone else’s car parked on your driveway can be incredibly frustrating, but the law is surprisingly unclear on what you can actually do about it
It’s the nightmare scenario for many homeowners when you come home to find someone’s parked their car in your driveway.
But before you start plotting how to get the vehicle removed, you might want to think twice. Turns out, it’s not as straightforward as you’d hope, and in some cases, you might not be able to do much about it. While the act of parking on someone’s private driveway without permission is certainly inconsiderate, it doesn’t actually break any criminal laws. At best, it’s a civil offence meaning that while technically the driver is trespassing on your property, it’s not something the police can help with according to the RAC.
Trespassing, as frustrating as it is, doesn’t carry the weight of criminal charges, and unless things escalate, the police are unlikely to get involved.
Council can act if car is blocking the drive
So, what about the council or parking enforcement? Unfortunately, the local council can’t just come and remove a car from your drive. Parking enforcement used to be the responsibility of the police, but since the Road Traffic Act 1991, it’s now down to local authorities.
If someone’s blocking the road or on public land, they can issue fines and penalties. But once the car’s on your private driveway, the council has no legal power to act. If the vehicle is taxed, insured, and in a roadworthy condition, they’re pretty much powerless. If the situation becomes a recurring problem, though, there are steps you can take. First, don’t take the law into your own hands. Avoid any temptation to damage or remove the vehicle yourself. It’s tempting, but that could lead to criminal charges, and in some cases, the vehicle owner could take you to court for damages.
If you’re really stuck, the only course of action may be to pursue a civil case for trespassing, which can be a long and costly process. In certain circumstances, you could also pursue legal action for nuisance behaviour if the parked car interferes with your enjoyment of your property. But bear in mind, without legal insurance, this could become expensive. There’s also the option of reporting an abandoned vehicle to the council, but only if it meets specific criteria – like being untaxed or stationary for a long period. Even then, the council must give the owner 15 days’ notice before they can remove it.
To avoid such headaches in the future, consider installing a gate, bollards, or a fence. It’s a practical solution if you live near places with high demand for parking, like hospitals or city centres. In short, while it’s frustrating, there’s no quick fix for someone parking on your driveway. A calm, sensible approach is your best bet.