Is it illegal to park across someone’s driveway and can people park in front of your house?
Motorcyclists are sure to cause a stir when they obstruct someone’s driveway in an attempt to park.
Finding someone parked in a way that blocks your path might be really annoying, but what is the law really saying about it?
Hop it!
Finding someone parked across your driveway when you get home is the most frustrating thing ever, and many people automatically think that they are breaking the law.
The Highway Code’s Rule 243 specifies where cars may and cannot park.
Drivers are expressly cautioned under this provision of the code not to stop or park in front of a property entry.
This rule would be broken by blocking a driveway.
The Highway Code
Drivers who violate the Highway Code risk fines, license points, and in certain situations, even jail time.
What category the rule falls under determines a lot of this.
The “do not” part of certain rules serves as a warning.
“You must not” is stated in other rules, which are legally enforceable and entail harsher consequences.
Unfortunately, as the 243 regulation prohibiting impeding someone’s driving is only advising, the behavior is not unlawful.
The law
Although some may do so out of courtesy, your neighbors are not required by law to try to leave the area outside your home for you.
In actuality, parking in front of your house is not “your right” unless you have a designated spot, and despite the temptation, you are also not permitted to use a cone to protect “your” place.
Unless the council has authorized it, leaving anything on the road could be considered an impediment and is against the law.
Any member of the public is welcome to park on your street as long as they are not obstructing traffic or violating any resident parking permit requirements.
Anyone with the appropriate permit can park anywhere in the designated area if your street is permit-based.
Additionally, unless the authorities believe the car has been abandoned, there is no legislation governing how long someone can park in the same spot.
Even though they are denying you access to that much-needed final parking spot, your neighbors are not breaking any laws if they take up a spot on the street when they have a perfectly good driveway that they never use.
However, parking in authorized marked bays for which you lack a permit, on the zigzag lines leading to a pedestrian crossing, and right outside of a school is prohibited.
The small print
Parking across someone’s driveway is not against the law, however if a driver’s wheel is over the dropped kerb, they are breaking the law.
There are two kinds of dropped kerbs: ones allowing automobiles to access driveways and ones for pedestrians, particularly those in wheelchairs or buggies.
Parking very close to a dropped kerb or directly opposite it is not prohibited, even if it limits access, but cars parked across dropped kerbs may still receive a penalty even if they are not completely blocking it.
The Highway Code states that a vehicle cannot obstruct traffic, but this prohibition does not extend to blocking access to private property.
My driveway or yours?
Anyone can park on your driveway due to a peculiar legal gap, and there isn’t much you can do about it.
In the UK, householders have been warned that neither the police nor local authorities have the authority to relocate a stranger’s automobile when they become stuck with it in their driveway.
When a stranger parks in your driveway, there is a problem since it is difficult to distinguish between criminal and civil law.
Local authorities have the authority to impose a fee if a car is parked on a public road and is obstructing your driveway.
However, the car is officially on private property as it enters your drive, and local councils have no authority over it.
Although councils must remove abandoned vehicles from both public and private property, they are unlikely to do so on private property if the vehicle is insured, taxed, has a valid MOT, and isn’t in a dangerous condition.
Although the police will admit that the car is legally trespassing, they will classify it as a civil crime, placing it far down their priority list and requiring you to obtain a court eviction notice.
How can you resolve it?
Since it is a civil concern rather than a police one, you should contact the local council if someone is obstructing your driveway and refusing to leave.
If the vehicle is obstructing traffic, the police may become involved.
Maintaining your composure is crucial to preventing the issue from getting worse and will enable you to reach a consensus with the other driver to prevent it from happening again.
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