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Parking Near Private Driveway: What is the Law?

By: Tracy Wilkinson - Updated: 20 Oct 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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I live in a very narrow Lane where you can only park on one side of the street we live on the opposite side and on our side of the street the houses including ours have driveways where as the the other side do not one neighbour who parks just close enough to not give us access to the driveway so we have to park across even though their is plenty of room for him to park down the street but then complains to us that we should use our driveway and complains that we park in frount of his entrance way which is directly infrount of the driveway then he puts a post up on Facebook using horrible language calling us out on this so we reply nicely telling him we can't even get into the driveway because he chooses to park right at the driveway then he starts to message my 17 year old daughter disgusting things so we go to the police and they tell us it's our right if they won't let us in the drive way we have a right to park infrount of the drive and told us to charge the neighbor because he came banging at the door and slamming our gate that intimidated our daughter but we choose not to because we didn't waunt her to go to court and miss school so they assured us that if he steps out of line one more time he will be charged but the council won't seem to double line the street but theirs only 5 cars on the street without driveways and the streets so narrow that and ambulance or fire engine could not fit down the street and their plenty of space up the street to park but they choose to park super close to us it's anoying because it's and every day occurrence and he even drives Backwards up the street really fast and becaus it's so narrow they have to drive on the pavement to go up and down the street and it's directly infrount of our gate the man refuses to listen even today he has stated doing it despite a police warning so it's ethier the council double line it or it's just going to get worse.
Kathy - 20-Oct-17 @ 4:07 AM
Jimmy - Your Question:
I live in a cul-de-sac were most houses have drive ways.there is 2 houses that have taken out the whole front of there gardens to put large width drives taking away parking from 4 properties that cant get drives installed due to design off street.neither of them have had there curbs dropped were do I stand with this.

Our Response:
Unfortunately there is not much you can do about this, you couldtry the highways department to report the lack of a dropped kerb.
SaferMotoring - 9-Oct-17 @ 1:56 PM
I live in a cul-de-sac were most houses have drive ways .there is 2 houses that have taken out the whole front of there gardens to put large width drives taking away parking from 4 properties that cant get drives installed due to design off street .neither of them have had there curbs dropped were do i stand with this .
Jimmy - 8-Oct-17 @ 10:36 AM
eric82 - Your Question:
What a load of rubbish. If you are going to set yourself up as some sort of expert and dole out advice to people, at the very least you should have some proper knowledge of the subject.The Traffic Management Act 2004 S.86 makes it a specific offence to park adjacent to a dropped kerb. i.e. You cannot DIRECTLY blocked someones driveway (or any other dropped kerb), although this does not affect parking opposite or next to the dropped kerb area.Further, if a car is ALREADY parked on a driveway and a parked car obstucts its egress onto the highway, this is also an offence. This includes cars on driveways that are serviced via raised kerbs (or even over grass verges), as well as dropped kerbs, and MAY also be caused by vehicles parked opposite or next to driveways. HOWEVER, the obstruction caused must be a matter of fact, not just opinion. i.e. Just because you may be a poor driver and getting off the driveway may be difficult, this is not enough to constitute an offence. It must be actually physically impossible to drive off the driveway. This does not work the other way around. i.e. There is no legal obstruction when trying to get onto a driveway from the highway.Incidently. The highway code also makes it clear that you should reverse onto your drive and drive straight off. No one should ever be reversing off their driveway onto the highway. but most of the whingers are usually trying to do this.

Our Response:
Check the leglisation out, it doesn't apply to all local authorities...the Traffic Management Act section 86 refers to "special enforcement areas" only."The prohibition in this section is enforceable as if imposed— (a)in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27), (b)elsewhere in England and Wales, by an order under section 1 of that Act."
SaferMotoring - 29-Sep-17 @ 11:02 AM
What a load of rubbish. If you are going to set yourself up as some sort of expert and dole out advice to people, at the very least you should have some proper knowledge of the subject. The Traffic Management Act 2004 S.86 makes it a specific offence to park adjacent to a dropped kerb. i.e. You cannot DIRECTLY blocked someones driveway (or any other dropped kerb), although this does not affect parking opposite or next to the dropped kerb area. Further, if a car is ALREADY parked on a driveway and a parked car obstucts its egress onto the highway, this is also an offence. This includes cars on driveways that are serviced via raised kerbs (or even over grass verges), as well as dropped kerbs, and MAY also be caused by vehicles parked opposite or next to driveways. HOWEVER, the obstruction caused must be a matter of fact, not just opinion. i.e. Just because you may be a poor driver and getting off the driveway may be difficult, this is not enough to constitute an offence. It must be actually physically impossible to drive off the driveway. This does not work the other way around. i.e. There is no legal obstruction when trying to get onto a driveway from the highway. Incidently. The highway code also makes it clear that you should reverse onto your drive and drive straight off. No one should ever be reversing off their driveway onto the highway.... but most of the whingers are usually trying to do this.
eric82 - 28-Sep-17 @ 1:04 PM
Dodge - Your Question:
My partner has a Neibour who keeps parking half across her driveway so She cannot pull out turning left ( leaving no room for her to pull out of thw drive and turn out of the culdesac instead She has to turn right drive down the culdesac turn around back past her own house).He does it on purpose , now how do I stand if I turn up , tow it a couple of metres away without any damage of cause ? Even tho his car is untaxed or insured as normally he parks on his make shift driveway ( no drop kerbs ) but does this knowing it winds her up. Sooner or later I'll just knock him out but she has asked me not too.Any advice as council don't do a thing about his car being untaxed or repeatedly driving over the public footpath to get to park in his garden or what to do if he keeps doing it ?

Our Response:
There's not much you can do about his parking if she can still get her vehicle out her driveway. The council should follow up the complaint about driving across the pavement if a dropped kerb has not been put in place. The police will be the ones more interested in the lack of road tax.
SaferMotoring - 11-Sep-17 @ 2:21 PM
My partner hasa Neibour who keeps parking half across her driveway so She cannot pull out turning left ( leaving no room for her to pull out of thw drive and turn out of the culdesac instead She has to turn right drive down the culdesac turn around back past her own house) . He does it on purpose , now how do I stand if I turn up , tow it a couple of metres away without any damage of cause ? Even tho his car is untaxed or insured as normally he parks on his make shift driveway ( no drop kerbs ) but does this knowing it winds her up . Sooner or later I'll just knock him out but she has asked me not too. Any advice as council don't do a thing about his car being untaxed or repeatedly driving over the public footpath to get to park in his garden or what to do if he keeps doing it ?
Dodge - 10-Sep-17 @ 2:54 PM
I have a dropped Kurb leading onto my drive,my next door neighbour seems to think it's okay to block me in,I have told her it's against the law yet she keeps doing it. I understand that if my car is NOT on my drive then it's fair game cos there's no obstruction.But if my car IS on the drive and it's cannot get out that's against the law right??
clarey - 26-Aug-17 @ 9:12 PM
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. However you can have double yellow lines painted which means no parking at anytime :-)
The truth - 23-Aug-17 @ 4:22 PM
KarenG - Your Question:
Our neighbours daughter keeps blocking my car in so I can't get off the drive. Her parents are both ex police. When I need to leave you get met with a very intimidating neighbour who calls me 'weird' for having an issue with being blocked in. There's plenty of areas to park, they choose to be ignorant and deliberately block me in. Apparently he has 'form' for this behaviour and used to upset our landlords elderly Mom who lived there previously. What should we do?

Our Response:
If you're phsyically unable to get your car out, your local police should be able to take action for obstruction.
SaferMotoring - 17-Aug-17 @ 11:11 AM
Our neighbours daughter keeps blocking my car in so I can't get off the drive.Her parents are both ex police.When I need to leave you get met with a very intimidating neighbour who calls me 'weird' for having an issue with being blocked in.There's plenty of areas to park, they choose to be ignorant and deliberately block me in.Apparently he has 'form' for this behaviour and used to upset our landlords elderly Mom who lived there previously.What should we do?
KarenG - 15-Aug-17 @ 11:10 AM
JJ - Your Question:
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 AMThere may be no law, however Parking Enforcement can/will issue a penalty charge notice if someone parks across your drive, if you have a dropped kerb, regardless of whether there is a car on your drive, or not, if you contact them. FACT.

Our Response:
The original question related to someone parking opposite (i.e on the other side of the road) - this is not illegal it merely makes it difficult for the person in the opposite driveway to get out (maybe requiring several manoeuvres)
SaferMotoring - 10-Aug-17 @ 12:11 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 There may be no law, however Parking Enforcement can/will issue a penalty charge notice if someone parks across your drive, if you have a dropped kerb, regardless of whether there is a car on your drive, or not, if you contact them. FACT.
JJ - 9-Aug-17 @ 3:09 PM
Neighbourhood- Your Question:
Is there a limit to the size of vehicle (van/bus) that can be parked on a private drive? Houses were built in the 1960s. Thank you.

Our Response:
Check with your local council to see if there are any conditions/restrictions in place in your area.
SaferMotoring - 9-Aug-17 @ 12:20 PM
Is there a limit to the size of vehicle (van/bus) that can be parked on a private drive? Houses were built in the 1960s. Thank you.
Neighbourhood - 7-Aug-17 @ 5:45 PM
milly - Your Question:
I live in as culdesac in a semi which was built 10 years ago.My title deeds show I own land in ground if my house to the middle of the road ( culdesac ) - The front of the house is open plan.My neighbour has started parking outside my house and blocking me from getting to a space I have used for 10 years - I own this land - it's on my title deeds - They say they can park where they like and it's not my land - I have a copy of deeds there is a big red box - what should I do

Our Response:
You will need to take legal action, if you feel this is trespass.
SaferMotoring - 26-Jul-17 @ 2:39 PM
We moved house to a very quiet location . Since moving here the silly moo across the road parks his van right in front of our driveway , the drive is narrow enough ,makingaccess difficult .Maybe he had a grip with the previous owners of the property ????So he wants another pop? He will have along wait k what the hell is wrong with folks these days . Everyone seems so angry gunning for a scrap . ??
Tillytangle - 25-Jul-17 @ 9:50 PM
Handsome- Your Question:
My neighbour has 2 cars and just for awkwardness they don't use there drive which holds 2 cars (they admitted to another neighbour they do it to be awkward) so therefore as parking in the street where is manic can I park in front of their drive as they don't use it, I know it's not the best thing but they are just being pig headed.

Our Response:
No it's not something we'd advise. In some parts of the country is illegal to park across a driveway/dropped kerb.
SaferMotoring - 25-Jul-17 @ 12:54 PM
i live in as culdesac in a semi which was built 10 years ago . My title deeds show i own land in ground if my house to the middle of the road ( culdesac ) - The front of the house is open plan . My neighbour has started parking outside my house and blocking me from getting to a space i have used for 10 years - i own this land - it's on my title deeds - They say they can park where they like and it's not my land - i have a copy of deeds there is a big red box - what should i do
milly - 20-Jul-17 @ 11:42 PM
My neighbour has 2 cars and just for awkwardness they don't use there drive which holds 2 cars (they admitted to another neighbour they do it to be awkward) so therefore as parking in the street where is manic can I park in front of their drive as they don't use it, I know it's not the best thing but they are just being pig headed.
Handsome - 19-Jul-17 @ 10:56 AM
I work shifts and when I'm at work one of my neighbours moves one of his cars onto my driveway (not across my driveway but right into my drive!) which is my private property.I have asked him not to but he keeps doing it.Is there anything I can do?
Jewel - 7-Jul-17 @ 7:20 AM
Sasha - Your Question:
We live at the top of a cul de sac. Our drive has a drop kerb with an extended half moon circle of cobbled payment. Some people choose to park there when there is ample room to park up and down the road. Our problem is when peeps decide to park there, it restricts our view of traffic coming out of other drives, I live in dread of what could be one day the crunch of cars reversing into one another. They don't realise they are causing a blind spot through their careless parking. Is there anything we can get the Council to do? And don't get me started on football games in the Close??

Our Response:
It's very unlikely anything can be done about this. It's simply just a matter of taking care when reversing out!
SaferMotoring - 4-Jul-17 @ 12:16 PM
We live at the top of a cul de sac. Our drive has a drop kerb with an extended half moon circle of cobbled payment. Some people choose to park there when there is ample room to park up and down the road. Our problem is when peeps decide to park there, it restricts our view of traffic coming out of other drives, I live in dread of what could be one day the crunch of cars reversing into one another. They don't realise they are causing a blind spot through their careless parking. Is there anything we can get the Council to do? And don't get me started on football games in the Close??.
Sasha - 3-Jul-17 @ 3:25 PM
MF - Your Question:
I have a neighbour with a large driveway that could probably fit 3 normal size cars on. I live down a culdersack and parking down my road is a complete nightmare. I'm one of the houses that does not have a driveway and so I have to use road side parking. This neighbour takes in upon her self to purposely park her car outside her house so no one else can park there (trust me this space is desperately sought after down this road) even though she has a large driveway and only one car. Is there anything I can do? It causes massive problems as I work shifts and have two small children and I'm have to park on a completely different street sometimes!

Our Response:
There's not really much you can do, if there are no parking restrictions on your road, anyone can park there. You could try asking her if she'll try and park in her drive.
SaferMotoring - 30-Jun-17 @ 11:07 AM
Meg - Your Question:
There is no physical boundary between my property and my neighbours'.He has a right of access to his house via a shared path but I own it and the land for a metre beyond on his side. He has paved over his garden and and has parked a small recovery lorry on my portion of the land. The lorry mirror projects over my path and my 80 year old mother bruised her shoulder on it yesterday evening. He doesn't care and shouted abuse when we asked him to move it. He is very intimidating.What can I do?

Our Response:
You will only be able to force him to move the vehicle via private legal action really. Try Citizens' Advice first of all, they may be able to direct you to free/low cost legal advice.
SaferMotoring - 29-Jun-17 @ 12:44 PM
I have a neighbour with a large driveway that could probably fit 3 normal size cars on. I live down a culdersack and parking down my road is a complete nightmare. I'm one of the houses that does not have a driveway and so I have to use road side parking. This neighbour takes in upon her self to purposely park her car outside her house so no one else can park there (trust me this space is desperately sought after down this road) even though she has a large driveway and only one car. Is there anything I can do? It causes massive problems as I work shifts and have two small children and I'm have to park on a completely different street sometimes!
MF - 29-Jun-17 @ 10:18 AM
There is no physical boundary between my property and my neighbours'.He has a right of access to his house via a shared path but I own it and the land for a metre beyond on his side. He has paved over his garden andand has parked a small recovery lorry on my portion of the land. The lorry mirror projects over my path and my 80 year old mother bruised her shoulder on it yesterday evening. He doesn't care and shouted abuse when we asked him to move it. He is very intimidating. What can I do?
Meg - 28-Jun-17 @ 3:40 PM
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
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