The legal loophole that means strangers can park on your private driveway

5 October 2021, 14:28 | Updated: 5 October 2021, 14:34

A 'loophole' allows people to park on your driveway. Picture: Getty Images/Alamy

By Heart

Motorists parking on your private driveway could go unpunished in a loophole to the law.

There is a frustrating ‘legal loophole’ that means anyone can park on your driveway without being punished.

According to the Express, if someone is parking on private property, there is very little chance the law will get involved.

This is because councils actually have no authority over private property, which means they cannot control who parks where.

A spokesperson for StressFreeCarRental.com has warned that many families could find it very difficult to stop strangers using their private driveways.

Local councils cannot remove cars from private property. Picture: Getty Images

They told The Express: “Unfortunately, many homeowners stuck with someone else parked on their driveway are turned away from local authorities and councils as they have no authority to remove vehicles from private properties.

“Although this act can very often go unpunished, there are some things irritated homeowners can do to help avoid this problem happening to them again.”

However, there are some situations where the council could step in.

For example if the vehicle is parked on a public road and blocking a driveway, local authorities have the power to fine the motorist.

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As well as this, if residents suspect a car has been abandoned, the local council has to move the car if it is on private or public property.

But if the vehicle has a valid MOT and insurance and tax, and isn’t in the way of anyone then the council is unlikely to do anything about it.

While it is not a specific criminal offence to park on someone else’s driveway without consent, the motorist could be trespassing.

It can be very difficult to have someone's car removed from your driveway. Picture: Getty Images

This would be classified as a civil offence so the police cannot get involved, but the homeowner could file a civil case for trespassing to try and have the car removed from their land.

But the process would not be easy and would involve hiring solicitors and finding the legal owner of the car.

A claim for nuisance behaviour could also be made but this could also include and a lengthy process and legal expenses.