Can you legally park in front of a driveway?

Is it illegal to park in front of a driveway? Strictly speaking, it's not always technically illegal to park in front of a driveway. However, parking over a dropped kerb is illegal and is a type of parking offence that is handled by councils.

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Parking can be extremely frustrating, especially at peak times in cities and towns where it can seem like there aren’t enough spaces to go around. This might explain why some motorists are prepared to take risks with parking that could land them with fines. This includes parking on the pavement as well as in other people's driveways. The problem of strangers parking on private drives or blocking access to them is more widespread than you think. It comes under the general umbrella of ‘nuisance parking’, which ranges from parking on double yellow lines to abandoned cars If you find someone has parked on your private drive, you might feel shocked and angry. But the police can do little to help you as parking on private land without permission is classed as trespassing and therefore viewed as a civil matter. This is similar to if someone is parked on the pavement , the issue is usually resolved by the local council. Should your driveway be blocked by someone parking over a dropped kerb on the road, illegal parking rules apply. So, you have other options open to you.

Is it illegal to park in front of a driveway?

Strictly speaking, it’s not always technically illegal to park in front of a driveway. However, parking over a dropped kerb is illegal and is a type of parking offence that is handled by councils. So, let’s say there’s a dropped kerb on the road running alongside your driveway, and someone is parked over it. Local councils can issue a penalty charge notice (PCN) against the owner of the vehicle parked there. In cases where the parking over the dropped kerb stops you from moving your vehicle into your drive, the police are unlikely to get involved. But if it means you’re blocked in your driveway and can’t leave, the police may treat it as an anti-social behaviour offence.

Anti-social behaviour is defined by the Crime and Disorder Act (1998) as:

“Acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as the defendant.”

Parking on a private road

Parking on a private road is a form of trespassing and counts as a type of nuisance parking. It means whoever owns the road can ultimately sue for financial compensation. When someone illegally parks on a public road, the council or the police could become involved. On private roads it’s down to the owner of the private road and their agents to act. But the owner of the private road isn’t allowed to do anything with the vehicles themselves, such as having them towed away or clamped, for example. And because trespassing is a civil rather than a criminal offence, the police probably won’t get involved. The council could remove the car, though only if it fits the definition of being abandoned. Otherwise, the owner of the private road needs to pursue the case in a civil court to get an order for the car to be removed. A civil court could also award compensation to the landlord against the car’s owner.

What can I do if someone parks on my drive?

If someone parks on your driveway, it counts as trespassing on private land. But if you do anything to the offending vehicle, you could be committing a criminal offence. This includes:

Causing damage

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Moving it

Deploying a wheel clamp

Not only that, but the other owner could try and claim on your car insurance policy for the damage to their car. Even if you use your car to block the other vehicle from moving away from your driveway as retribution, this could backfire.

You could be prosecuted for causing an obstruction to the public highway.

As the owner of the driveway, you could sue for financial compensation through the civil courts against the owner of the offending vehicle. The problem is you need to be able to identify who the vehicle’s owner is. And bringing a civil case can be costly and time consuming. A more practical solution is to install lockable car park posts or fold-down bollards on your driveway. These prevent anyone from physically driving onto it. You could also install a gate across the driveway with a locking system. These measures could cost you, but it could be a sensible option in areas where parking is limited, and where nuisance parking is liable to reoccur.

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What can I do if someone blocks my drive?

If someone blocks your driveway by parking on the pavement, it might be worth talking to your neighbours to find out whose vehicle it might be. It could be that someone is visiting next door, so you can resolve the issue without running into problems with your neighbours. You could also try putting a note on the windscreen, politely requesting the owner to move their car (emphasis on the word ‘politely’). You’re not allowed to place traffic bollards yourself on the pavement or the road, as this could be viewed as obstruction. In any case, this would be a rather inconvenient method of dealing with the problem. The only time councils can intervene is if the vehicle has been abandoned, which includes when it is untaxed or is deemed unroadworthy. Otherwise, if someone has blocked your driveway because they’ve parked over a dropped kerb, you could contact the council. They should be able to issue a penalty charge notice against the vehicle’s owner. If you haven’t got a dropped kerb in front of your drive, you should apply for one through your local council. You can do this at GOV.UK. This means you’re not driving on a footway to get into your drive - which is illegal. You might also need planning permission for this if your property is on an A,B or C road. Or if it’s a listed building or in a conservation area. Applying for a dropped kerb could seem like a good solution to stopping inconsiderate parkers. But it could be costly. Reports online vary from £1,500 to £3,000 to get one installed, then there’s the application process and planning which could cost around £800 in total. But as we mentioned, it’s a legal requirement if you want to park on your driveway.

What are the laws regarding parking on driveways?

If someone parks on your driveway, then they’re trespassing, so it’s a civil matter rather than a criminal offence. This means the police don’t usually get involved. If you’re lucky, the police may ask the driver to move their car, provided they can find the owner. As it’s not a criminal matter, there’s nothing the police can typically do should the driver say no. Understandably perhaps, given their high workload, you might not get much help in this situation.

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The Metropolitan Police says:

“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. But if someone has parked over a dropped kerb and blocked your driveway, the police could treat it as antisocial behaviour. “If a person has blocked your driveway and is preventing you from getting your own vehicle out, we may be able to help. You can report antisocial behaviour online ,” says the Met The other exception is if the vehicle is in a dangerous condition, where it is on private land or not. It would then certainly be something that comes under the responsibility of the police and emergency services. If a vehicle is leaking petrol or contains dangerous items such as gas bottles, you should contact your local police via 101. Or, if an emergency response is needed, through 999. If a vehicle has been abandoned on your driveway, you should contact your local authority, as they may be able to remove it for you.

For more information, check out our guide to common questions about parking

Parking in front of dropped kerbs

A dropped kerb is intended to allow vehicles to cross the pavement from the road to a driveway, being angled downwards to improve access. Councils can issue penalty charge notices (PCNs) against vehicles that are partially parked across dropped kerbs, even when a driveway isn’t entirely blocked. But parking near to a dropped kerb or opposite one isn’t illegal, regardless of whether access to a driveway is being partly restricted. A £70 fine is typical for parking in front of a dropped kerb, though the charge depends on the local authority. It could be significantly higher in London than in other areas.

How to report nuisance parking

There are various types of nuisance parking. Depending on which category they fall into, can usually either be reported to the police or your local authority. You can report illegal parking to the police, either online or on the phone via 101. This includes parking:

Where a vehicle is parked on zig zag lines

In a dangerous way

In a manner that blocks emergency services

Other types of illegal parking should be reported to your local council, including parking:

Over a dropped kerb

On a pedestrian crossing

In spaces reserved for Blue Badge holders

In marked taxi bays

Abandoned vehicles tend to come under the remit of councils to sort out. But some police forces encourage the public to report this to them as well.

Can I rent out my driveway?

Yes. If you don’t use your driveway often, or you know it’ll be free for most of the day, you can rent it out. Websites like JustPark, make sure all the drivers they use are registered and verified. You should know who’s using your space at all times. They also claim that the first £1000 you make on your space should be tax free. It’s worth a go if you’re not using your drive, and you never know, you could make some money.

confused.com - Parking on private driveways - Confused.com

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