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Parking Near Private Driveway: What is the Law?

By: Tracy Wilkinson - Updated: 16 Mar 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 have a drive with a lowered kerb x white lines but delivery van x truck x cars, park in front of it regularly x block me in or out. Ive been late going to work frequently waiting on drivers coming back. It's a nightmare. Can I request yellow lines x will they help!!!
Maisy - 16-Mar-17 @ 6:24 PM
Most of the comments on here are for home owners with private driveways who complain aboutothers drivers blocking their drive. While I agree this can be impolite you have to look at it from the other view point. There are some roads where all houses have a private driveway. if it were illegal to park in front of a driveway that would leave nowhere to park on that road. YOU DO NOT OWN THE ROAD. I think its rude of own homeowners to be miffed about this when often there is no other space to park
Peter - 16-Mar-17 @ 9:31 AM
I have just got my driveway put in paid for it myself and I am a council tenant moved in 2 years ago nice quiet street brilliant neighbours which has been great I'm end terrace house and there is a Caldy sack just up from me 4 other houses there was a new neighbour moved in a couple with kids and have 2 cars my property in on the street there's is up a bit where there is no parking I had told all my neighbours about getting the drive shown them the plans any concerns to let me know anyway was all fine work started and let my new neighbours know well they are about the most awful people you can't do that you need our permission. I have permission from council and all other neighbours that it's fine now that the work has been complete next door to me had family visiting so told her to let them park in my drive there abit older and have to park further away I don't mind parking the extra bit away to save the older people walking a fair bit anyway after that the new neighbours are parking in my drive when the street is full said they can because it's a council garden and I let everyone else use it.. they are parked in my garden and on the road at the drop crib bit of it. Don't know what to do they are parking there car in my garden they both don't work so I can never beat them to it it's a joke that bad at parking I can't close my gate to lock itor probably meant. I am waiting on my housing officer coming out could take 30 days I'm planning on taking few days off work so hopefully I can just close and lock my gate till this is sorted
toot! - 2-Mar-17 @ 9:57 AM
Lucyloo - Your Question:
I have the same problem. A few weeks ago we got new neighbours I told him about how difficult it was to get out of my driveway if a car is too closely parked to it (they have 3 cars 2 in the driveway and 1 sits on the road right next to it) now this is making it difficult for me to get out my driveway without causing damage to my car or there car. I have asked policy for them to move it but it has fallen on deaf ears. I was told by them I had enough space to get out and I also told them about the damage to both cars if I tried, I have lived in the same house for 16 years and not had any bother with this until they moved in. My next door neighbourhas damaged her car because of this, now I have to park on the road so I don't damage my car it is not fair and I really need the area in the drive as my husband is disabled someone please help

Our Response:
If your husband is disabled, you could apply for a disabled space marking outside your home. Apply to your local council.
SaferMotoring - 28-Feb-17 @ 10:15 AM
Sam - Your Question:
It seems that blocked and semi blocked drives are becoming a wide spread anti-social nuisance and that I am not the only one helplessly suffering at the hands of these inconsiderate neighbours and car owners. Just out of courtesy and also out of fear of getting another unreasonable parking fine I would never park over any markings near dropped kerbs or over-hang drives anywhere.I have this obnoxious old neighbour who resented me having a drive so he deliberately parks outside the deignated marked bays and over hangs my drive with his car, and there is not a thing I can do about it.My dropped kerb is very narrow so I have to jump the pavement by one wheel in order to get in. This has ruined my steering alignment and stripped the under guard several times on my low profile sports car.The council have advised me to be careful as they won't tell him.My other neighbours think that I am just being petty and should tolerate this old man and they take his side. I used to be friends with this man till I found out what he gets up to over garden fences and with peoples letters, but they don't believe me.The only legal thing that I can do is to buy a cheap car and park it near my drive, even though this will take up an extra space in the street, sadly I am forced to do it, then it will be me who is the bad guy.Being good does not pay. I have had to put up with this alone for six years. I have been tolerant enough to allow my other neighbours to park outside if there are no spaces but they still see me as an unfriendy guy.What else can I do? My girlfriend has suggested moving, but why should I be forced out.

Our Response:
If there are "designated" parking bays, are these painted? Whois repsonsible for them? If it's the council then they should be able to enforce this. If you drive is being obstructed, ie you cannot get out of it without having to drive on the kerb/pavement, then the police may be able to do something. Alternatively you could ask for the dropped kerb area to be widened.
SaferMotoring - 27-Feb-17 @ 10:58 AM
I have the same problem. A few weeks ago we got new neighbours I told him about how difficult it was to get out of my driveway if a car is too closely parked to it (they have 3 cars 2 in the driveway and 1 sits on the road right next to it) now this is making it difficult for me to get out my driveway without causing damage to my car or there car. I have asked policy for them to move it but it has fallen on deaf ears. I was told by them I had enough space to get out and I also told them about the damage to both cars if I tried, I have lived in the same house for 16 years and not had any bother with this until they moved in. My next door neighbourhas damaged her car because of this, now I have to park on the road so I don't damage my car it is not fair and I really need the area in the drive as my husband is disabled someone please help
Lucyloo - 26-Feb-17 @ 12:45 PM
It seems that blocked and semi blocked drives are becoming a wide spread anti-social nuisance and that I am not the only one helplessly suffering at the hands of these inconsiderate neighbours and car owners. Just out of courtesy and also out of fear of getting another unreasonable parking fine I would never park over any markings near dropped kerbs or over-hang drives anywhere. I have this obnoxious old neighbour who resented me having a drive so he deliberatelyparks outside the deignated marked bays and over hangs my drive with his car, and there is not a thing I can do about it. My dropped kerb is very narrow so I have to jump the pavement by one wheel in order to get in. This has ruined my steering alignment and stripped the under guard several times on my low profile sports car. The council have advised me tobe careful as they won't tell him. My other neighbours think that I am just being petty and should tolerate this old man and they take his side. I used to be friends with this man till I found out what he gets up to over garden fences and with peoples letters, but they don't believe me. The only legal thing that I can do is to buy a cheap car and park it near my drive, even though this will take up an extra space in the street, sadly I am forced to do it, then it will be me who is the bad guy. Being good does not pay. I have had to put up with this alone for six years. I have been tolerant enough to allow my other neighbours to park outside if there are no spaces but they still see me as an unfriendy guy. What else can I do? My girlfriend has suggested moving, but why should I be forced out.
Sam - 24-Feb-17 @ 2:17 PM
My driveway is constantly being blocked. It has a partial dropped kerb and double yellow lines and it doesn't stop the idiots. I had one argue the fact that he was parked legally?? How do the get a licence at all.
Sue - 8-Feb-17 @ 1:28 PM
My neighbors par is truck across the road from my house n he park right at the the end of my driveway so when I back up i can't really turn to get out because it's so close , is he alowed to do that ?
Frank - 5-Feb-17 @ 9:21 PM
Hi we live on a shared drive ,we have a double garage at the end of the drive ,my neighbour has a small drive off the shared driveway where she parks one car ,but she parks the second car on the shared drive opposite her drive Becauseshe owns the top off the shared drive she thinks she's in her right is this true .
Egg - 1-Feb-17 @ 8:26 PM
What if someone parks across your driveway which completely blocks you in and you need to be in or out of the driveway in an emergency? I think its time the law changed. We bought a house with a drive so we could park our car safely. Not to be blocked in or out. Its not the polices fault its the law that doesn't back them up.
Bambi - 1-Feb-17 @ 6:06 PM
From my experience today I can say that if someone parks on your drive without permission, the police & local council will not help!! A white van man parked on my private driveway today & I have spent all day on the 'phone. The police said I was entitled to call a tow truck to remove it, but when I called a company, I was told that they can do nothing for 48 hours, I would have to show proof of how long the van had been there & I would, of course, have to pay for the removal! The driver did turn up eventually, said sorry & laughed in my face, telling me he didn't speak English. It sickens me that there is no recourse in law when someone trespasses on your property! Of course, if I had slashed the tyres then the police would have charged me with criminal damage! Grrrr!
Cello - 30-Jan-17 @ 9:48 PM
Tracy Wilkinson is wrong, and she knows it! I have paid £1000 to have a dropped curb because of people like herself believing we pay that amount in the hope we can get into our drive. The only reason the police don't intervene is because they are too idle. They would soon get involved if the said car got keyed?
NO NICKNAME - 27-Jan-17 @ 2:10 PM
My neighbour squeezes 2 cars and a van in his drive. His van is parked millimetres away from my garage. My first question is, Is there a regulatin that stipulates safe distances from adjecent dwellings? And does he have the legal right to park this many cars in his drive? Calmness.
Calmness - 23-Jan-17 @ 7:43 PM
What is my right if I park in front of someone's house where the there is no dropped kurp? This is going to be my new neighbour and she already put a sign up once on my car window stating " please do not park in from of my house" baring in mind she cannot park on her drive as she has a tree in the middle , plus I have noticed she parks on the road too in front of her house ! Could you please tell me what to do ?
Kiki - 20-Jan-17 @ 2:22 AM
Elz - Your Question:
If you are parked over a driveway with a dropped kerb and line and dribe empty, will you be issued a parking ticket? I live in a cul de sac with 4 in a block type flats, 2 up 2 down. All the lower houses started getting driveways which means there is only one space left for two upper flats. I pay road tax the same as the driveway owner, why should they 'own' part of the road that I pay to maintain?I drive a van and have thousands of pounds of equipment in it, im not leaving that out my street on a main road.

Our Response:
The white lines generally act as a deterrent and are not legally enforceable. If however, you are blocking someone's exit, the police can take action for obstruction.
SaferMotoring - 11-Jan-17 @ 12:19 PM
If you are parked over a driveway with a dropped kerb and line and dribe empty, will you be issued a parking ticket? I live in a cul de sac with 4 in a block type flats, 2 up 2 down. All the lower houses started getting driveways which means there is only one space left for two upper flats. I pay road tax the same as the driveway owner, why should they 'own' part of the road that i pay to maintain? I drive a van and have thousands of pounds of equipment in it, im not leaving that out my street on a main road.
Elz - 10-Jan-17 @ 4:22 PM
Livid - Your Question:
I live in a semi detached house and the unwritten agreement on our street is that we all reserve the curb space directly in front of our houses. My neighbour has 2 cars and decided to get a dropped drive. When the drive was completed we noticed it stretched past his side of the property to our side of by about 2 feet. Initially we didn't make an issue of it and continued parking as normal. Our neighbour got a long van and since then has been demanding to park all the way across his dropped drive including the portion that is in front of our house. We of course refused as it would leave us with no where to park. He has since started calling traffic wardens to issue us tickets for the portion of our car which covers the end of the drive. Surely this can't be right. There is a wall between our properties and it's visually clear that the drive extends to the front of our house. I don't understand how he can have the right to have a drive which goes past his property and block us.

Our Response:
There is unfortunately no right to reserve a parking space outside your own property if it is on a public road. Check with your local council about the dropped kerb, as they usually ensure certain specifications are met when a dropped kerb is installed.
SaferMotoring - 9-Jan-17 @ 12:19 PM
I live in a semi detached house and the unwritten agreement on our street is that we all reserve the curb space directly in front of our houses. My neighbour has 2 cars and decided to get a dropped drive. When the drive was completed we noticed it stretched past his side of the property to our side of by about 2 feet. Initially we didn't make an issue of it and continued parking as normal. Our neighbour got a long van and since then has been demanding to park all the way across his dropped drive including the portion that is in front of our house. We of course refused as it would leave us with no where to park. He has since started calling traffic wardens to issue us tickets for the portion of our car which covers the end of the drive. Surely this can't be right. There is a wall between our properties and it's visually clear that the drive extends to the front of our house. I don't understand how he can have the right to have a drive which goes past his property and block us.
Livid - 7-Jan-17 @ 6:03 PM
We have a nxt door neighbourwho's son continuallyblocks our house drive. He parks his car across our gates and obstructs us leaving and entering. We have had the police up and asked him continuallyfor him not to do so to no avail.There is a drop curb to the house. When he is in a decentmood will park on verge in front of house but this is not offten.What can we do if anything.
Geoff - 3-Jan-17 @ 8:39 PM
Iown a house on a quite private Cul de sac, the new boyfriend of neighbour ( who rents the house ) claims he cannot leave his van on the street as it has expensive equipment left in, won't park it on his own drive, so parks across our walkway, which in turn makes it difficult to turn cars as it is a turning point for a number of private driveways. We have politely asked him not to do so, but he became aggressive and unresponsive. I now feel intimidated when I leave and arrive at my home.This has been going on for approximately 6 months. Any advise would be most helpful thanks Unsuitable? Get updates Share Problems nearby
pjw1980 - 21-Dec-16 @ 4:12 PM
If I have a caravan on my driveway which is visible and I have a dropped curb, what can I do if someone has parked partially across the driveway obstructing my exit? The drop in the curb is wider than the brick pillars either side of the driveway but cars ignore the curb and park upto the wooden gates. The street has only room for single cars when cars are parked either side of the road which makes it almost impossible to get the caravan off the drive when cars are parked either side. I do put out a polite note when we need to move the caravan but is often ignored. What to do??
Nealoliver01 - 16-Dec-16 @ 2:16 PM
I have been verbally abused, by my neighbour, and her daughter threatened to kill me! - BEFOREany parking issues started, when I moved into my new home, (which from others neuhbours have revealed, the abusive neighbour wanted to purchase for her daughter.). Now , whenever her husband is not in, she gets all her relatives to park across my gates, to completely block me in, so much so, I have been unable to go to work or go shopping in the evening. I won't talk to my neighbour, as she is a foul mouthed alcoholic, whi I know often drives drunk. But where do I stand legally?
Jimmy - 16-Dec-16 @ 6:07 AM
I am currently experiencing something similar - see below: For several months, I have tolerated vehicles overhanging the dropped kerb or completely blocking the driveway of my private property at the above address, and have often had to politely asked the owners of these vehicles to move them, if I manage to find the owner of the vehicle.One neighbour’s response to my request was that someone else had blocked his driveway (for a property without a dropped kerb), so he had blocked mine as a result. I do not have a vehicle myself, but have relatives and friends who visit (often in the evenings, during the night and at weekends) and need access to my driveway.My relatives, including my elderly parents and registered disabled father, and sister with a young son, often stay overnight or spend the weekend, but cannot park their vehicles on my driveway because it is completely blocked, or have to do extra manoeuvres if other vehicles are overhanging the dropped kerb. I suffer from chronic back pain and following surgery a couple of years ago, I was advised by my doctor to not lift heavy items.Therefore, I get my shopping delivered and couriers often have to park down the road and walk back to the property because the driveway is blocked. Afew days ago, I put a note through the front door of one neighbour politely requesting that the company vehicle which was overhanging the dropped kerb be moved, as I was expecting a delivery early the following morning.The neighbour’s response was to open his front door, look over at his parked vehicle, then leave it where it was for the remainder of the night.The following day, I found the note I had written thrown into my front yard.This evening, the same neighbour has decided that it is okay to completely block my driveway (please see attached photo).I am now convinced that this neighbour is blocking my driveway intentionally as a result of me complaining, as there are often other vacant parking areas, near his house that he could use, yet he decides to park across my driveway. Last year, after being threatened by the council with a £1000 fine for allowing vehicles over the footpath into my driveway, I paid about £1150 for a dropped kerb so that my relatives and friends can legally park in my driveway.As I understand it, the dropped kerb gives me full acceptable rights to gain access to my driveway, and other vehicles should not block an entrance to a property that has a driveway.It is unfair that having paid all that money for a dropped kerb, I should now have no access to my driveway if someone else decides to block it. Can you please let me know my legal rights in this situation?
ST - 10-Dec-16 @ 1:40 AM
If you live on private property and work men block your drive so it can't be used at any point is there any difference in the law as it's private property?
Annoyed - 8-Dec-16 @ 3:41 PM
Hi, You can contact your local council, they will send a traffic earden to your house.They will ask you to fill a few details and sign a short form.They will take pictures of the car parked across your dropped kerb.And will issue a parking fine.I have done this a few times now.I am not sure if this works for every borough but it does is London. Hope this helps.
Nadz - 3-Dec-16 @ 4:42 PM
Losingpatience - Your Question:
Hi there, my neighbours have 3 cars and a driveway big enough for 2 cars. However, they insist on parking 2 of the cars on the main road and leave their driveway empty (the 3rd car works away during the week). One of the cars is always parked on my drive so it's blocking me from getting in and out wits out having to do extra manoeuvres. I'm registered disabled and I have spoken to them on many occasions asking them politely to reverse a little bit. When I need to park in the drive, I'm often holding up traffic because I have to drive on the other side of the road to turn into my drive. This morning the lady came at me with such aggression and anger. Telling me to shut my mouth and that basically they had more right because they had bought their house and I rent. This is such an inconvenience. This woman has had an issue since I moved in and actually refused me giving her son an ice lolly when I gave my son and nephew an ice lolly. Help please! Where do I stand legally because they're now doing this intentionally?

Our Response:
We've already answered your question see below.
SaferMotoring - 17-Nov-16 @ 10:02 AM
Hi there, my neighbours have 3 cars and a driveway big enough for 2 cars. However, they insist on parking 2 of the cars on the main road and leave their driveway empty (the 3rd car works away during the week). One of the cars is always parked on my drive so it's blocking me from getting in and out wits out having to do extra manoeuvres. I'm registered disabled and I have spoken to them on many occasions asking them politely to reverse a little bit. When I need to park in the drive, I'm often holding up traffic because I have to drive on the other side of the road to turn into my drive. This morning the lady came at me with such aggression and anger. Telling me to shut my mouth and that basically they had more right because they had bought their house and I rent. This is such an inconvenience. This woman has had an issue since I moved in and actually refused me giving her son an ice lolly when I gave my son and nephew an ice lolly. Help please! Where do I stand legally because they're now doing this intentionally?
Losingpatience - 16-Nov-16 @ 10:35 AM
Losingpatience - Your Question:
Hi there, my neighbours have 3 cars and a driveway big enough for 2 cars. However, they insist on parking 2 of the cars on the main road and leave their driveway empty (the 3rd car works away during the week). One of the cars is always parked on my drive so it's blocking me from getting in and out wits out having to do extra manoeuvres. I'm registered disabled and I have spoken to them on many occasions asking them politely to reverse a little bit. When I need to park in the drive, I'm often holding up traffic because I have to drive on the other side of the road to turn into my drive. This morning the lady came at me with such aggression and anger. Telling me to shut my mouth and that basically they had more right because they had bought their house and I rent. This is such an inconvenience. This woman has had an issue since I moved in and actually refused me giving her son an ice lolly when I gave my son and nephew an ice lolly. Help please! Where do I stand legally because they're now doing this intentionally?

Our Response:
Legally, unless there is a genuine obstruction and you cannot get your car out at all, your neighbours are doing nothing wrong. Perhaps, the antisocial/nuisance behaviour is actionable? Your local council or a solicitor may be able to advise.
SaferMotoring - 16-Nov-16 @ 9:59 AM
Hi there, my neighbours have 3 cars and a driveway big enough for 2 cars. However, they insist on parking 2 of the cars on the main road and leave their driveway empty (the 3rd car works away during the week). One of the cars is always parked on my drive so it's blocking me from getting in and out wits out having to do extra manoeuvres. I'm registered disabled and I have spoken to them on many occasions asking them politely to reverse a little bit. When I need to park in the drive, I'm often holding up traffic because I have to drive on the other side of the road to turn into my drive. This morning the lady came at me with such aggression and anger. Telling me to shut my mouth and that basically they had more right because they had bought their house and I rent. This is such an inconvenience. This woman has had an issue since I moved in and actually refused me giving her son an ice lolly when I gave my son and nephew an ice lolly. Help please! Where do I stand legally because they're now doing this intentionally?
Losingpatience - 15-Nov-16 @ 11:14 AM
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