The law on what you can do if someone parks in front of your house

Ever found yourself ready to head out only to discover someone’s parked across your driveway? It’s a frustrating situation, but can you actually do anything about it?

The answer depends on where you live. Unless there’s a specific bylaw in place, people blocking your driveway aren’t technically breaking the law.

The Highway Code advises against parking in front of property entrances, near school entrances, over dropped kerbs, within 10 metres of a junction, and so forth. However, not adhering to the Highway Code doesn’t automatically lead to prosecution.

Instead, it could be used as evidence in court proceedings under various Traffic Acts to establish liability. If your street has a parking permit system or is private, the rules differ, reports Nottinghamshire Live.

But if drivers are abiding by general restrictions and not obstructing road traffic, they might not be breaking any laws. Likewise, if you try to reserve a space outside your house using cones or another obstacle, this could be seen as obstruction and potentially lead to prosecution.

You don’t have an inherent right to park outside your home unless your local authority has granted you permission for a specific event like a funeral. So, what options do you have?

If a car is parked on your driveway without your consent, it’s considered trespassing. However, as trespassing is a civil offence rather than a criminal one, the police may not always intervene.

They can, however, send an officer to identify the vehicle’s owner and request them to move it, according to Kent Live. If a vehicle is blocking your access but isn’t on your property, you could potentially make a legal nuisance claim, arguing that the driver is disrupting your use and enjoyment of your property.

While it might be tempting to block the offending driver in, be cautious not to obstruct the public highway, as this is a criminal offence. If you do, the vehicle’s owner could report you to the police.

In Nottingham, Civil Enforcement Officers can assist if a car is parked across a dropped kerb. Nottingham City Council issues a Penalty Charge Notice of £70 for blocking dropped crossings (reduced to £35 if paid within 14 days from when the fine was issued, or 21 days if the fine is sent by post).

Vehicles may also be towed to the pound. If your driveway is blocked by a vehicle parked over a dropped crossing, you can contact the council between 8.30am and 4.30pm on weekdays on 0115 876 1499.

Outside of these hours, please call the Community Protection Service Centre on 0115 915 2020. A Civil Enforcement Officer is required to observe a vehicle parked over a dropped crossing or lowered kerb for a duration of 20 minutes.