Arriving home after a long day to find that you can’t park your car on your own property can be very frustrating
Not being able to access your own driveway can be an annoyance(Image: Getty)
Discovering that your driveway is blocked or that someone has parked on your property, such as a neighbour, can really throw off your day and cause a lot of annoyance. Many homeowners think they can just jump into action to sort the problem out, but UK law has specific guidelines on what you can do. Taking action without knowing the rules could result in fines or even legal issues.
If a neighbour parks directly on your private driveway without permission, they are committing civil trespass, which is a civil matter rather than a criminal offence. Because it is a civil matter, the police and local councils generally have no power to intervene, fine, or remove the vehicle from your private land.
Dropped kerbs are subject to more specific regulations than regular parking scenarios. According to the Highway Code, drivers are not allowed to park in front of a dropped kerb that leads to a driveway. Although the Code serves as guidance, the actual enforcement is based on the Road Vehicles Regulations 1986, section 103.
What you should not do
While it is your property, taking direct action can accidentally land you in legal trouble. For instance, do not clamp or tow the vehicle. Clamping or towing a vehicle on private land was banned under the Protection of Freedoms Act 2012. Doing so yourself is a criminal offence.
Do not block them in. Forcibly parking your car to trap theirs can be viewed as wilful obstruction or a civil wrong. Do not damage the car. Attempting to forcefully push or move the car can make you civilly or criminally liable for criminal damage.
What are your legal rights and options?
If the behaviour is persistent, you have the legal right to hire a solicitor and apply for a county court injunction to stop them from trespassing on your land. If they breach the injunction, it becomes a criminal contempt of court.
You can sue for civil trespass or private nuisance in a civil court, especially if their actions have caused you financial loss or severely disrupted the use of your property.
If you share a driveway, check your Land Registry title deeds. Most shared driveways grant a “right of way” for access only, meaning neither neighbour has the legal right to park on the shared zone and block the other.
Reasons police may or may not help you
If the neighbour parks on your drive, but your car isn’t there, then this is standard civil trespass. The police will not help. According to Nationwide Vehicle Contracts, you should:
- Try to find the driver, particularly if it may be a neighbour’s visitor or a delivery driver
- Take photos as evidence
- Keep records if the issue happens more than once
- Seek legal advice if it becomes a repeated issue
If they park across your dropped kerb and trap your car inside, meaning you are physically blocked from leaving your property to access the public highway, this constitutes wilful obstruction of the highway. In this specific scenario, the police or your local council can intervene under Civil Parking Enforcement (CPE) to issue a fine or arrange a tow.
In these cases, you have clear options, according to Nationwide Vehicle Contracts, including:
- Call 101 to report the issue to the police
- Explain if you need urgent access, for work or medical reasons
- Highlight any safety risks caused by the obstruction
Police may act if the situation affects access or safety. You can also contact your local council. Many councils have the authority to issue Penalty Charge Notices for vehicles blocking access to private driveways, particularly if the driveway has a dropped kerb.
What are the best steps to take?
Take clear photographs of the vehicle, the registration plate, and its position on your property. Keep a written log of dates and times if the issue is recurring. Place a civil, non-threatening note on the windscreen stating that this is a private driveway and asking them to move it.
If the vehicle is entirely unfamiliar and left for days, contact your local council to see if it qualifies as an abandoned vehicle, which they have the power to remove. If direct chats fail, consider using a community mediation service before escalating to expensive legal action. Property disputes must be disclosed when selling your home, so keeping things amicable is highly beneficial.
