Drivers can park on your home's driveway with zero punishment - and are entitled to do so - thanks to a bizarre loophole.
Firstly, there is no criminal law against parking on another person's driveway without their consent.
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And if you think it counts as trespassing you'd be right as the driveway is part of your property, so driving onto someone else’s driveway can be seen as trespassing.
However, trespassing is not a criminal offence, meaning the police don’t have the power to make an arrest.
According to the RAC, at one time, parking enforcement was handled by the police, but following the Road Traffic Act 1991, responsibility was transferred to local authorities.
But local authorities only have the power to issue penalty charge notices for parking offences on the road.
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.
If a vehicle has been abandoned, the local council would be required to move it regardless of whether it’s on public or private land.
However, if the car has up-to-date tax, insurance and MOT and isn’t in a dangerous condition or position, the council is powerless to tow it.
Homeowners could pursue a civil case for trespassing to try and remove the car from the driveway, although this would involve solicitors.
Experts advise installing a locked fence around the driveway, as this can act as a barrier and deterrent from it happening again if it occurs!
