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Bristol Post
Bristol Post
Sport
James Andrews & Joseph Wilkes

Why the DVLA or the police can't do anything if someone blocks your drive

We’ve all read the stories about how there is precious little you can do if someone parks outside your drive , blocking you in.

In 2017 a South Bristol resident and their neighbours were shocked to find a lack of action from the authorities after demanding the police, the council or the DVLA act when a legal, taxed and insured car was either left on the drive by mistake, or carelessly by someone who knew they should not.

The resident, who declined to be named, found that the police would not act, or even trace the owner and call them.

The council said they were not responsible for doing anything, and the DVLA would not contact the owner or tell the frustrated resident who owned the car.

Motorists who do this aren’t doing anything illegal, but there are things you can do.

What to do if someone blocks your drive

Worryingly little, as we’ve alluded to.

“The first step with any anti-social parking problem is to contact your local authority or the police; however there is little the law can do to support home owners – even if a car blocks your driveway,” Charlotte Dixon, solicitor at DAS Law, told The Mirror .

According to safemotoring.co.uk, it isn't actually illegal for a motorist to park in front of a private driveway, despite what the Highway Code says.

The laws on where you can park

The important thing to pay attention to is the language used. If 'Do not' is used, then this is advisory and should be followed - but there is no legal comeback if a motorist chooses to ignore it.

However, if the rule states 'Must not' then this is a legal requirement and the driver must therefore obey it or if caught or reported, face legal action.

And paragraph 243 of the Code requests that motorists "DO NOT park in front of an entrance to a property".

(Paul Fahy)

“The Highway Code can only help if the parked car is causing an obstruction to the road but not in relation to private land,” said Ms Dixon.

But that doesn't leave you entirely powerless.

Ms Dixon said: “One option that’s available is to pursue a legal claim for nuisance on the grounds that the driver is interfering with your use and enjoyment of your property – but to do so you’d need to know the identity of the offending vehicle’s driver.”

In the case of a repeat offender, you could try and find a kind police officer who will make enquiries for you, contact the owner and ask them to move their vehicle. However the police are not bound to do so.

If your road is governed by residential parking permits, or is private, it's a different story.

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