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Parking Near Private Driveway: What is the Law?

By: Tracy Wilkinson - Updated: 19 Jun 2017 | comments*Discuss
 
Parking Near Private Driveway: What Is The Law?

Q.

I would like to know if there is a legal limit to how close you can park next to a driveway? I have issues with my neighbours parking partially over and completely blocking my driveway, which restricts exit and entrance. I also have a tree to contend with and a busy road. I have come to the end of my tether but don't want to upset anyone (unlike my neighbours!)

(H.H, 20 July 2009)

A.

Parking over and blocking a driveway belonging to someone else is one of the most common reasons that people end up falling out with their neighbours. It's rude, discourteous and can cause a whole lot of problems, especially if access to the driveway is completely blocked in either direction.

When faced with this situation, many homeowners try to fight fire with fire and come out brandishing a copy of the Highway Code which in paragraph 243 requests that motorists "DO NOT PARK in front of an entrance to a property".

However, if they take things further and report the offender to the police - it often comes as a big surprise to find out that it isn't actually illegal for a motorist to park in front of a private driveway, despite what you think the Highway Code is saying. The important thing to pay attention to is the language used in the rulings. 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.

So, ultimately, this is down to a question of courtesy and respect between you and your neighbours. If you do suffer from a repeat offender who insists on blocking your driveway then do be careful. As you are not backed up by law, the best thing you can do is to approach them calmly and try to sort out the situation amicably. If they aren't interested, or continue to ignore you and park in front of your property, blocking your access, then unfortunately the only thing you can do to ensure that you have full access to your drive is to park somewhere else - perhaps, if you're a fan of irony and you can get there first, even in front of your own driveway. If you do this often enough they'll probably get bored and give up.

It does seem incredibly unfair that someone can do this when you have forked out for a home with somewhere safe to park your car off the road - and if you are blocked ONTO your drive, then you might 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 act as according to the Highway Code every driver has a right to park anywhere on a public highway except those places which are expressly forbidden.

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[Add a Comment]
Kayleigh - Your Question:
Our neighbours has two cars and keeps parking one over our driveway making it very difficult to reverse or pull in. We had to knocked quite a few times to ask him to move his car up. So today we knocked and ask AGAIN to move his car up and he's become very abusive.He's got about 3-4 feet left in front of his house to park. he told us he'll get one of his friends to take our car away! When do we stand? Do we have any rights on a clear driveway. Never had a bad neighbour before?

Our Response:
If you have a dropped kerb and someone is preventing you from getting out of your driveway, you can report it to the police who can treat it as an obstruction.
SaferMotoring - 21-Jun-17 @ 12:53 PM
Our neighbours has two cars and keeps parking one over our driveway making it very difficult to reverse or pull in. We had to knocked quite a few times to ask him to move his car up. So today we knocked and ask AGAIN to move his car up and he's become very abusive. . He's got about 3-4 feet left in front of his house to park. he told us he'll get one of his friends to take our car away! When do we stand? Do we have any rights on a clear driveway. Never had a bad neighbour before?
Kayleigh - 19-Jun-17 @ 5:34 PM
emin-j - Your Question:
Get your facts right ! If your driveway is empty there is no law to stop anyone parking across it even though it is blocking you from using your drive.What is illegal is if you have a car on your driveway and someone parks across preventing your access onto the road ( I believe the term is "the Queens Highway") this is illegal and the Police can have the vehicle towed away if the car owner cannot be located promptly.

Our Response:
We haven't said that it's illegal at any point - in fact the article states the opposite?
SaferMotoring - 16-Jun-17 @ 11:56 AM
H - Your Question:
My neighbour across the road has been complaining that visitors park across from his drive which is my house. He claims he cant reverse out or turn in comfortably because he dislikes driving, but they all park on opposite side so not infront of his drive in anyway! He claims its illegal to park on the opposite side of a driveway! Am I missing something?

Our Response:
No it's not illegal, it just inconvenient - most people will allow extra time to manoeuvre out of their drive in these circumstances. If a driver is completely blocked in (i.e a vehicle is parked directly across his/her driveway) of course that is a different issue.
SaferMotoring - 16-Jun-17 @ 11:01 AM
We are having problems in our street with people parking across our drive and we keep having to go and ask them to move their cars often getting a load of abuse. It's even worse when we are trying to get the caravan of the drive. It's as if they wait till we have got it half off the drive and all decide to park in the street which is very narrow to stop us getting van out. Today when we wanted to go out we had to ask 3 people to move their cars so we could get out of our drive and then when we came back our neighbour had parked in our drive. It's so rude and ignorant. It's getting to the point I want to move cos I'm sick of it, it's getting me down and causing arguments between me and my partner.
Billybob - 15-Jun-17 @ 8:02 PM
Get your facts right ! If your driveway is empty there is no law to stop anyone parking across it even though it is blocking you from using your drive. What is illegal is if you have a car on your driveway and someone parks across preventing your access onto the road ( I believe the term is "the Queens Highway") this is illegal and the Police can have the vehicle towed away if the car owner cannot be located promptly.
emin-j - 13-Jun-17 @ 7:57 PM
My neighbour across the road has been complaining that visitors park across from his drive which is my house. He claims he cant reverse out or turn in comfortably because he dislikes driving, but they all park on opposite side so not infront of his drive in anyway! He claims its illegal to park on the opposite side of a driveway! Am i missing something?
H - 13-Jun-17 @ 5:17 PM
Mr Annoyed- Your Question:
We own a flat of which is situated above a newsagent. Parking is behind the property on a private road. We share 4 car spaces, 2 for the newsagent and 2 for us. There are a number of small car repair companies at the back of the property? Of which keep parking (without our permission) on our driveway. What rights do we have to stop this very irritating situation continuing - been going on for over 2 and a half years!!!

Our Response:
If you title deeds say that the spaces belong to you, you may be within your rights, to put up a chain or drop bollard etc, to prevent others from parking there.
SaferMotoring - 13-Jun-17 @ 1:53 PM
Tjb - Your Question:
I have a neighbour who is becoming a bit of a pain about my parking. I park outside my own garden, however because we are in a close with a circular turning area at the bottom, even if I park straight, the corner of my car can prevent my neighbour from reversing "straight out", she has to turn her wheel a little - (which she has to do to continue her journey anyway). Normally I don't particularly mind parking elsewhere, but yesterday a friend who is disabled tried to park there and my neighbour made her park up the road a way, which meant she had to walk down the hill on crutches. My neighbour then placed her wheelie bin next to the drivers door of my in laws car when they parked there. It's all becoming a bit petty but because of these incidents I feel less inclined to accommodate her. Where do I stand?

Our Response:
Are there any particular conditions associated with your properties? Often cul-de-sacs might have a rule about not parking in a turning area etc. If there is nothing of this nature in place and you are not breaking any of the normal parking laws, there's not much your neighbour can do to take legal action etc. However it seems to be a matter of courtesy; if you don't feel your neighbour is being unduly inconvenienced, just ignore and carry on as normal.
SaferMotoring - 13-Jun-17 @ 11:43 AM
People regularly block my drive with no care in the world - usually because they are too selfish and don't want to walk a few extra steps by parking properly in a free space. It causes regular stress and arguments as the offenders don't really care with the usual excuses such as "are you using your driver now, at this moment?" or "I'm only dropping something off and wont be long". None of their excuses matter, I don't care how long you'll be or why you're here, you're blocking my driveway when you shouldn't be. These people don't care as they're causing problems to someone else and so think they're fine to block and drive off without a care in the world. The one thing they all do understand though, is when it's their property being affected. In one case with a fooling person down the street, he woke up one morning to 5tonnes of concrete poured onto his drive effectively blocking him in - for 2months straight! I chuckled daily saying it's nice you can now appreciate how we all feel when being blocked in by you and your visitors! :-) Payback is great!
BobJ - 13-Jun-17 @ 11:34 AM
We own a flat of which is situated above a newsagent.Parking is behind the property on a private road. We share 4 car spaces, 2 for the newsagent and 2 for us. There are a number of small car repair companies at the back of the property?Of which keep parking (withoutour permission) on ourdriveway. What rights do we have to stop this very irritating situation continuing- been going on for over 2 and a half years!!!
Mr Annoyed - 11-Jun-17 @ 2:06 AM
I have a neighbour who is becoming a bit of a pain about my parking. I park outside my own garden, however because we are in a close with a circular turning area at the bottom, even if I park straight, the corner of my car can prevent my neighbour from reversing "straight out", she has to turn her wheel a little - (which she has to do to continue her journey anyway). Normally I don't particularly mind parking elsewhere, but yesterday a friend who is disabled tried to park there and my neighbour made her park up the road a way, which meant she had to walk down the hill on crutches. My neighbour then placed her wheelie bin next to the drivers door of my in laws car when they parked there. It's all becoming a bit petty but because of these incidents I feel less inclined to accommodate her. Where do I stand?
Tjb - 10-Jun-17 @ 11:41 AM
I have an extended drive with dropped kerbs and risers, my neighbour parks in all the VP (visitor parking) parking spaces they have four to six cars here at any given time,two are parked in their allotted spaces, they park others in VP spaces and now with another member of their family getting a car they park over my drive riser and drive.Problem is where they park is over my drive that leads to my garage, and I need my trailer out, but cannot align my car to the trailer with their car parked there, neither is there enough of a turn to get my car and trailer around their car. Should I side swipe this car of theirs due to not being able to get my car and trailer off my drive who then would be liable.?
Rob - 8-Jun-17 @ 8:43 PM
I live in a private cul-de-sac. My neighbour has written to me stating their contractors vehicle will be blocking the entrance to my driveway for 3 days. The first time this happened I was tolerant as thought they were moving out. That was 3 weeks ago but still not moved out and now this. What can I do?
Ewoolf - 6-Jun-17 @ 6:35 PM
I have adjacent driveways we get blocked in so we can't see to get out it's difficult to see traffic or they will park in front of our driveway so we can't get out at all the driveway is right next to each other between both houses help if there is an emergency I can't get out it happens alot
Brat - 25-May-17 @ 3:19 AM
The entrance to my back gate is situated at the bottom of a road which has garage blocks on both side. A neighbour who's garage/drive is just at the end of the road near my gate constantly complains if any one parks there eg delivery vans, workmen pickups ect. When asking people to move which they always have he is aggressive. He has entered my property without my permission causing distress. I have reported this and the outcome is we will have a fixed parking penality notice put up. Can this be right????
Barb - 20-May-17 @ 10:11 AM
Boxy - Your Question:
Someone been parked on my driveway.literally in front my door.What can I do? They move it when I'm not home

Our Response:
If you cannot get out of your own driveway because someone is obsctructing the exit, the police should be able to do something. If another vehicle is parked on your property itself, it is trespass, which while a civil law, the police might also help with.
SaferMotoring - 19-May-17 @ 2:34 PM
Someone been parked on my driveway..literally in front my door.What can I do? They move it when I'm not home
Boxy - 19-May-17 @ 12:38 AM
The new development where I live started out with a very smart visitor parking area in a cul-de-sac at the back of my house. Now a new resident who may be a tenant, in addition to his own car has started parking 2 ghastly gaudy stock cars painted in black gold red white and blue stripes leaking oil and generally blocking access and vehicles turning. not only are they unsightly but we pay an annual service charge fee to keep common areas pristine. What are our rights.One resident has I understand, offered to pay him off to hide his vehicles while her house is marketed for sale!This is NOT a garage nor a commercial site, nor an industrial area.Surely he should park them in a purpose built commercial garage?What are our rights, Plse?
Di - 13-May-17 @ 6:11 PM
Hello, can anyone advise me please. I own a property on a small cul-de-sac with 4 houses. Next door but one changed the property into 2 properties and rents it out to 2 separate families. This has in turn increased the parking requirement. The landlord gravelled over the front lawn and uses this as parking for the extra residence. The problem is, the garden was never intended to be a parking space, and anything that lies over the boundary of that garden infringes on my neighbours parking, and slightly inconveniences me too. The cul-de-sac is private, but not owned by one property. This extra house has attracted it's second family, and they are now being difficult. What can be done? I don't want things to get petty and they've been asked repeatedly and politely if they would mind parking further away so we can all access our properties, but they seem to get worse. Any help would be so greatly appreciated.
AD82 - 13-May-17 @ 12:45 AM
What can we do? - Your Question:
We have a neighbour with a motorcycle parks it in his front garden. Other side of us have a dropped kerb. To stay within the law we avoid the dropped kerb area which gives us little space to park so as not to block his gateway to get said motorcycle out. Very occasionally we have overlapped his gateway by a few inches to then have him hammering on door requesting we shift our car 6 inches. We really do try to keep the peace but this is getting us down now as we moved our vehicle for family with baby to visit and he immediately pounced on them to move the car forward, which they did so as not to cause us a problem. I assure you it was a few inches and I was so embarrassed by this but glad it was family who when we explained how he was understood.

Our Response:
Is this a normal gate - would there be a similar problem if it was a pram or wheelchair? If so then no, you should not be parking there.
SaferMotoring - 9-May-17 @ 11:47 AM
We have a neighbour with a motorcycle parks it in his front garden. Other side of us have a dropped kerb. To stay within the law we avoid the dropped kerb area which gives us little space to park so as not to block his gateway to get said motorcycle out. Very occasionally we have overlapped his gateway by a few inches to then have him hammering on door requesting we shift our car 6 inches. We really do try to keep the peace but this is getting us down now as we moved our vehicle for family with baby to visit and he immediately pounced on them to move the car forward, which they did so as not to cause us a problem. I assure you it was a few inches and I was so embarrassed by this but glad it was family who when we explained how he was understood.
What can we do? - 7-May-17 @ 4:44 PM
TJ - Your Question:
Any advice for me please. livr in a wide residential street with all houses having driveways and dropped kerbs so ample parking everywhere.However my retired grumpy neighbour keeps reporting us to my landlords agent for my daughter parking her KA past the end of his pillar that holds up his gate! Better still he doesnt drive and hasnt used his driveway in past year, but now wants my daughter to move back as says she keeps obstructing his driveway (that he no longer uses). When he had a go one day recently I said but we are not parking over the driveway just occasionally dsughter over shoots and goes over by most ever 6 inches, I pointed out he doesnt have a car anymore, nobody uses his driveway - his reply but he coukd if he wanted to!Where do we stand I thought if his gates are closed and therr is no visible car in driveway, or in garage that it was ok to park on the public highway that I oay road tax for. We have never purposefully blocked or obstructed his driveway entrance. Daughter now parks right outside his house instead of trying to squash it up outside our house, so he hasnt gained anything. sure that will be complained about as well soon.

Our Response:
In some areas such as London, it is illegal to park across a driveway/dropped kerb. In other areas, it's just considered generally courtesy not to and the police will only take action if a resident is actually blocked in and cannot get out.
SaferMotoring - 3-May-17 @ 12:37 PM
Any advice for me please.... livr in a wide residential street with all houses having driveways and dropped kerbs so ample parking everywhere. However my retired grumpy neighbour keeps reporting us to my landlords agent for my daughter parking her KA past the end of his pillar that holds up his gate! Better still he doesnt drive and hasnt used his driveway in past year,but now wants my daughter to move back as says she keeps obstructing his driveway (that he no longer uses). When he had a go one day recently I said but we are not parking over the driveway just occasionally dsughter over shoots and goes over by most ever 6 inches, I pointed out he doesnt have a car anymore, nobody uses his driveway - his reply but he coukd if he wanted to! Where do we stand I thought if his gates are closed and therr is no visible car in driveway, or in garage that it was ok to park on the public highway that I oay road tax for. We have never purposefully blocked or obstructed his driveway entrance. Daughter now parks right outside his house instead of trying to squash it up outside our house, so he hasnt gained anything... sure that will be complained about as well soon.
TJ - 2-May-17 @ 10:42 PM
This isn't a question, but a comment about my experiences. I have a drop-curb drive. The front of the house is on a main road but the back (where the drive is) is on a cul-de-sac. It is the only drive in the cul-de-sac, which is always busy with parked cars. I have tried to be fair to the neighbours in this cul-de-sac and have explained that I obviously need to get my car on and off the drive, but that if it is an emergency or if they need to drop heavy shopping off, they could park across the drive for a few minutes. That was mistake number one! This started well enough, but then people just started to take advantage and would part across the drive without telling me, and some even expected me to call on their house to ask them to move their car! Also, although there is a clear white line across the drop curb, people would start parking over it. At first it was usually only just over so I ignored it, but of course one person saw that it was "OK" to do so and after a while cars were parking well over the lines and making it difficult for me to get my car on and off the drive. When I calmly confronted one of these neighbours about why she had parked over my drive (completely blocking it) she became irate and told me that I was a "pest" and when I told another neighbour that she was partly blocking the drive and I couldn't get my large car off it, she accused ME of not being neighbourly! I've often wondered what their attitude would be if they had drives and people parked over them! I hate conflict and the problems I have had with these neighbours have been upsetting - there are many days when I really wish that I didn't have a drive. In fact, if I move I will definitely not buy another house with a drive, especially if it is the only one in the road! Incidentally, I would never even think of parking over someone's drive - it is just so obvious that one shouldn't do it that I am just amazed at people's attitudes in thinking it's OK to do so. By the way, the top excuse people give me for parking over the drive is "I was only going to be a minute".
Charlton - 21-Apr-17 @ 8:58 AM
I have just had a white H bar line put across the dropped kerb access to my driveway, if any vehicle parks over the end lines will they get a fine/parking ticket does anyone know,?Any info/advice would be appreciated thankyou.
Scoobydoo - 19-Apr-17 @ 1:24 PM
Boo - Your Question:
If I can get some advice please we live on a norrow bend road we all have drop curbs and drive ways there on person on the the other side of the road who owns 3 car and 2 transit vans he consequently parks his transit van in the middle of my drop curb and my neighbours with is getting impossible for me to get of my drive as I can't see any vehicle approaching I already had 2 bumps as it's totally blocking me veiw I have 3 children lucky they haven't been in the car at the time anythink I can do or help would really appreciate it please

Our Response:
If they are parking directly across your driveway, the police may be able to get them to move on. If they are parking across the road etc, unfortunately there is not much you can do.
SaferMotoring - 18-Apr-17 @ 2:06 PM
If I can get some advice please we live on a norrow bend road we all have drop curbs and drive ways there on person on the the other side of the road who owns 3 car and 2 transit vans he consequently parks his transit van in the middle of my drop curb and my neighbours with is getting impossible for me to get of my drive as I can't see any vehicle approaching I already had 2 bumps as it's totally blocking me veiw I have 3 children lucky they haven't been in the car at the time anythink I can do or help would really appreciate it please
Boo - 16-Apr-17 @ 7:26 AM
previously neighbours parked two cars in their drive and two outside. Having sold the property, the new inhabitants have paved over the front garden, and extended the dropped kerb across the full width, result two cars parked on the drive (they did park three comfortably at the start until they bought a new vehicle, and their two children park theirs outside neighbours properties, or directly opposite my drive. Oh and they have ongoing property improvements, which mean the drive is not used, and as it is new building materials and skips are placed outside the property. We then have the challenge of three or four work vans, and the family vehicles parked without any consideration. The road is only narrow enough to accommodate two vehicles (without any parked vehicles). I wish there was the ability to inform insurers that vehicles were parked on the road - I imagine that they are all declared as parking on their drive, as this would prove more effective punishment.
too polite? - 13-Apr-17 @ 3:42 PM
I'm with you on this one @Ryan88!
parker pen - 5-Apr-17 @ 10:38 AM
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