The ACCUK Motoring Blog

Updated every week, the ACC motoring blog contains essential advice on driving, car maintenance, servicing and MOT's

Is it actually illegal for someone else to park on your driveway?

  • Friday, June 01, 2018

Here at ACC UK Ltd, multi award winning Independent Volvo and Toyota Service, Repair & MOT garage based in Farnborough, Hampshire, we like to bring you handy hints and tips on how to maintain your Volvo or Toyota and how to save money on your annual car running costs. We also like to keep you informed of changes to laws relating to driving and car ownership.

The blog this week is about dealing with someone else parking on your driveway.

Firstly, there is no criminal law against someone parking on your driveway without your prior consent, however as your drive is part of your property it is an act of trespassing. Now this is where it gets tricky......trespassing is not a criminal offence, it is a civil offence therefore the police have no powers. So who can you turn to? You would think that the council could assist? Well it gets even more complicated. Why? If the car is blocking your drive whilst on a public highway they can act, however if it is on public or private land, has fully up to date car tax, a valid MOT and is insured they cannot have the vehicle removed.

The police do not advise that you remove the vehicle yourself, ie by using a tow truck or pushing the vehicle into the road because you may leave yourself open to the possibility of prosecution should the car become damaged by your actions. They advise that you speak to the person doing it and ask them to stop. We are not sure how someone would take it, because if they are ignorant enough to park on your driveway they may not listen to you. That is if they are parking their car on your drive and then returning again to pick it up. Do not get confrontational and try not to be on your own when you speak to them just in case it turns nasty.

However, if the car has been left for some considerable time on your drive then the only other option you have is to seek the advice of a solicitor who can advice you of your legal stance through the courts. This could be a lengthy and costly route to take. The council do have a duty to remove vehicles that have been abandoned. So if the car has been left on your driveway for a considerable amount of time and one of the following applies then they have a duty to come and remove it:

  1. The vehicle is burnt out
  2. Stationary for a significant amount of time
  3. There is no record of the keeper on the DVLA database and the vehicle is untaxed
  4. The numberplates are missing
  5. The car is damaged or unroadworthy – for example the windows are broken, the tyres are flat or missing

 

We hope that you are never unfortunate enough to come across an ignorant driver but stay calm and know your rights. Happy Motoring Folks!

Here at ACC UK Ltd, Winners of The Motor Trader Independent Garage of The Year 2015, The Inspire Customer Service Excellence 2016 Award, The Eagle Radio Customer Focus 2017 Business Award and The Workshop Magazine Workshop Manager of the Year 2017 Award, we pride ourselves on offering an outstanding customer experience for a fraction of the cost of a dealership. Give us a call and let us quote you for your next service or repair on your Volvo or Toyota. We service all areas around Farnborough, Fleet, Aldershot, Farnham, Guildford, Frimley, Camberley, Hook, Sandhurst, Crowthorne, Yateley, Hampshire and Surrey. We offer free collection and drop off services. We also have a fleet of courtesy cars to allow you to get on with your schedule whilst your Volvo or Toyota is with us. Happy Motoring from all at ACC UK Ltd – Independent Volvo & Toyota servicing, repair and MOT specialists based in the heart of Farnborough, Hampshire.

Award winning Independent Garage in Farnborough
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