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Parking Near Private Driveway: What is the Law?

By: Tracy Wilkinson - Updated: 15 Aug 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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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
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
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