Homeowners are often advised to solve these situations diplomatically – but this is not always possible
For homeowners constantly irked by strangers using their driveway as an impromptu car park, the ‘correct response’ might seem a bit hazy. It raises the question: is this situation covered by the Highway Code, or should the police be called in?
Recent changes to the Highway Code have introduced a pecking order of road users that places more responsibility on drivers of larger vehicles to protect other, more vulnerable road users. Within its guidelines, Rules 239 to 252 outline the do’s and don’ts regarding parking.
Rule 243 is crystal clear, stating that drivers must not stop or park ‘in front of an entrance to a property’. However, current laws don’t specifically label parking on someone else’s driveway without permission as a criminal offence, according to Lancs Live.
Therefore, homeowners are advised to handle these situations tactfully – perhaps by kindly asking the driver to move their vehicle or by leaving a polite note on the windscreen if the owner can’t be located straight away.
Trespassing, which includes parking on private property without authorisation, is often considered a civil rather than a criminal issue. According to SomersetLive, this means the police only rarely get involved with vehicles parked on private driveways.
However, local councils have the power to remove a car if it appears to be abandoned. Conversely, if you come home to find a car blocking your driveway, this is actually considered a breach of the law, and drivers could face a penalty.
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Local authorities can issue fines for cars that obstruct someone’s access in or out of their property, thanks to Civil Parking Enforcement (CPE) powers. Online resource Ask the Police provides further advice on this matter.
Its experts suggest: “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 add: “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.”
Furthermore, the procedure varies depending on the local council’s policies and may require direct reporting to the council or, if there is no council-enforced CPE, contacting the local police.
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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.”
For more information on parking rules, you can visit Ask the Police, here.
What do you think? Let us know in the comment section below.
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