Legal loophole allows strangers to park on your driveway and go ‘unpunished’

A large number of UK households are having the frustrating issue of arriving home and seeing someone else parked on their private property.

But when they assume a call to the authorities will fix the issue, they're being met with the devastating news that a legal loophole means the troublesome driver's parking can go unpunished.

This is because there is a very little chance that the law will ever actually get involved.

Councils have no authority over residents' private property and do not have the power to control access, Express reports.

If the vehicle is parked on a public road and blocking a driveway, local authorities then do have the power to get involved and issue a fine to the motorist.

If someone suspects a vehicle has been abandoned on their property, the local council is required to move the car regardless of its position on private or public land.

But if the car is up to date on insurance, tax and MOT and isn't in a position where it could harm anyone, the council again have no authority to do anything about it.

A spokesperson for StressFreeCarRental.com said: “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.”

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There is currently no criminal law against a stranger parking on a driveway without consent, but as a driveway is part of the private property the vehicle would be committing an act of trespassing.

This is considered a civil offence, meaning the police do not have the power to make an arrest.

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Disgruntled homeowners will be able to pursue a civil case for trespassing in an attempt to remove the car from the driveway, but this would be a costly procedure involving solicitors.

The spokesperson said the best thing to do is "stay calm" and never take the law into your own hands.

They also suggested installing a locked fence around the driveway for extra peace of mind that no troublesome drivers will take their chances.

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