‘There’s a automobile been left on my drive for two days and I can not consider what police say’
Residents have complained about people parking on their driveway and leaving the car there for days – what are the rules
One person complained that a car had been on their drive for 2 days and they didn’t know what to do about it (stock pic)
Residents have voiced their frustrations about people parking on their driveways – and leaving their cars there for days. When this happens, it’s incredibly annoying as they’re unsure of their legal rights and whether they could be committing an offence if they have the car towed away.
This month, one individual took to Facebook, asking: “I was wondering if there is anything I can do about someone parking in my driveway. The car has now been there 2 days.”
One person responded: “If you cause any damage to the car you can be held liable so be careful what advice you follow. You’re better off speaking to someone legal who actually knows the correct answer rather than asking on here, as you could get yourself in trouble.”
It could also be a simple mistake – one person shared: “This happened to my neighbour-she phoned the police and they did a reg check. Turned out that when they phoned the owner they had booked parking at her driveway on MyParking website or somewhere, but had got the wrong address .”
The police have offered advice on what to do – and it’s something they will not assist with. The Met Police stated: “If someone parks their vehicle on your driveway without your permission, this is trespassing. This is a civil dispute and not something we can help you with.
“If it happens repeatedly with the same person/vehicle you might want to seek advice from Citizens Advice or a solicitor, but we would always recommend having a polite word with the driver first, as there may have been a simple misunderstanding.”
The RAC concurred: “While there is no criminal law against the indecent act of someone parking on your driveway without your consent, your driveway is part of your property so by driving onto it the person is committing an act of trespassing. Trespassing, however, is classed as a civil offence not a criminal offence, meaning the police don’t have the power to make an arrest.”
Can the police or council remove the car?
The RAC explained that under the Road Traffic Act 1991, responsibility shifted to local authorities, which can issue penalty charge notices for parking violations on public roads. The RAC clarified: “If the offence is committed on a public highway or the car is blocking the driveway while parked on a public road, the council has the power to act. But when a car is on a drive, it’s technically on private property – and the council has no authority to remove it.
READ MORE: Police issue advice on what to do if someone is blocking your driveway
“Where a vehicle has been abandoned, your local council would be required to move it regardless of whether it’s on public or private land, but if the car has up-to-date tax, insurance, MOT and isn’t in a dangerous condition, the council is powerless to do anything.”
What can you do if someone parks on your driveway?
The RAC has stated that if the issue of illegal parking persists, individuals may need to resort to legal action. They explained: “There is little chance of the law getting involved and legal action will take a considerable amount of time and – unless you have the legal add-on as part of your home insurance policy – expense.”
They advise maintaining composure in such situations, saying: “The best thing to do on a one-off is to keep calm and don’t let the situation escalate, never take the law into your own hands and do not stoop to revenge tactics that could get you prosecuted also. If it’s causing an issue, try and speak to the person and resolve the situation sensibly. If you find it is a long-term issue, either happening on a regular basis, or a car has been left on your driveway for some time, the following advice may help.”
On the topic of legal action, RAC experts suggest that people pursuing a civil case for trespassing could be successful, as courts have the jurisdiction to remove the car from the driveway.
They further explain: “Your solicitor would be able to get the civil court’s permission to find out the legal owner of the vehicle involved, and a judge would have to make its removal an order of the court. Another option is to pursue a legal claim for nuisance behaviour on the grounds that the driver is interfering with your use and enjoyment of your property.”
However, they caution about the potential costs and time involved in legal proceedings, stating: “You should be aware, however, going through the courts, can be a long and potentially costly process if you do not have legal expenses insurance.”
Should you remove the car yourself?
The RAC said a swift solution to remove the car would be to hire a private tow truck, but this is not recommended by the police. If the car gets damaged, you could be held responsible for the costs.
The Ask The Police website advises: “Don’t damage/clamp the vehicle or have it removed by a third party for destruction or storage without first seeking legal advice. If you do any of these things, you may commit a criminal offence or the owner may pursue a civil action against you.”
They further caution against simply pushing the vehicle onto a road and leaving it there, warning: “Under no circumstances would we advocate you merely pushing the vehicle on to a road and leaving it there as you may commit a number of offences.”
If the car is leaking petrol, contains hazardous items such as gas bottles or is parked dangerously, dial 999 immediately.
Requesting the car’s removal
Local councils are obligated to remove abandoned vehicles, so if you suspect the vehicle has been abandoned, the best course of action is to report it to your local authority.
A vehicle is deemed abandoned if one of the following applies:
Local authorities must provide 15 days’ notice before they remove the vehicle. They can’t remove the vehicle if the landowners or occupiers object during the notice period.
