It can be harder than ever to find a parking space nowadays, with more cars on the roads and more stopping restrictions in place.
But what happens if you need to go out and your driveway is blocked?
It is perfectly legal to park outside someone's house - unless there are additional restrictions such as double yellow lines - as long as you aren't blocking the entrance to the property, and none of your wheels are over a dropped kerb.
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The Highway Code states: "Do not stop or park in front of an entrance to a property".
However, the wording of this suggests it is not a legal requirement.
Some rules under the code, if broken, can result in fines, points on your licence, disqualification from driving and even a prison sentence.
These rules are identified by the use of the words "must/must not".
In addition, the rule includes an abbreviated reference to the legislation which creates the offence.
Failure to comply with other rules, such as the parking rule above, cannot cause a person to be prosecuted.
What can I do if someone parks in front of my driveway, then?
While there is no criminal law against a stranger parking on a driveway without the homeowner's consent, a driveway is a part of private property so by driving on to it the unwanted motorist is committing an act of trespassing.
But the only way courts would have jurisdiction to remove the car from the driveway would be if the homeowner decided to pursue a civil case for trespassing.
This would involve a solicitor from the homeowner’s side getting the civil court’s permission to find out the legal owner of the unknown vehicle and the court would then need to make an order to remove the vehicle.
If the car is parked on a public road blocking a driveway, the driver is committing a parking offence - and your council has the power to get involved and issue a fine.
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