“Thanks for the free parking!” the driver responds. As the homeowner, what can you do-very little.
Firstly, where Homeowners lucky enough to have their own driveway may well have had to suffer this at some point.
You come home from a long day at work and some cheeky scamp has parked on your drive. Yes, your drive!
Well, it appears that you may have little or no legal recourse against this dreadfully antisocial behaviour – as one homeowner in Bristol found out.
The person came home to discover the car on their drive where it stayed for five days.their property shares a drive with another property. Linked neighbours can be very selfish and unless it is an emergency, the somewhat convoluted answer often lies within the Title Deeds.
LawFriend can advise and assist where the Police refuse to come to the rescue.
Contact email@example.com 07970 291197
The second type of driveway blocking is common near large transport hubs such as airports. This is when a person parks on a driveway for a period – sometimes a very extended period!
Residents are surprised at the lack of action from the authorities, the police, the council or the DVLA.
Commonly and legally correctly, it is the case the police would not act, or even trace the owner and call them.
The local council it was not responsible for doing anything and the DVLA would not contact the owner or tell the frustrated resident who owned the car.
The car may be legal, taxed, insured and had its MoT and it was either left on the drive by mistake, or carelessly by someone who knew they shouldn’t.
Unless the vehicle was blocking a public highway, emergency services and council officers have no powers to do anything about it.
In order to be classified as abandoned, the vehicle also needs to be untaxed for at least one month and left in the same location for a significant amount of time.
According to LawFriend and Police, technically in the eyes of the law, the moment the car crossed onto your property it is trespassing – but that is a civil offence so, if it is your drive they are parked on, you need to obtain an eviction notice from the Courts.
A solicitor would be able to obtain the civil court’s permission to discover the legal owner and a Judge would have to make its removal an Order of the Court so Court enforcers would be the ones to take the action – an action that could cost thousands in legal fees.
Faced with this situation, most people would park in front of the drive and block its exit – forcing the errant parker to at least come and ask to be freed.
But even that could, bizarrely, land the house owner in hot water, as you could be ticketed for blocking the highway under certain circumstances, especially if your drive has a double yellow line in front of it. Or even sued for withholding the vehicle from its owner.
One route to solve the problem quickly, albeit at a cost, is to fork out more than £100 and hire a tow truck to pick up the car and move it onto the road.
But that way lies danger too as you could be sent a bill by the owner if the car is damaged during the process.
LawFriend advises: “If the vehicle is in a dangerous condition, for example it’s leaking petrol or contains dangerous items such as gas bottles, we would suggest you contact your local police via the non-emergency 101 number or 999 if an emergency response is required.
“If you think the vehicle is abandoned, we would suggest you contact your local council. Councils must remove abandoned vehicles from both land in the open air and roads (including private roads).
“However, local council policies differ in relation to this so we would suggest you discuss the matter with them – it may help if you speak with a manager.
“It may be the case that the vehicle does not meet the council’s criteria for being abandoned, the council won’t remove it for some reason or it may be that it is abandoned but you want to remove it yourself via a contractor.
“In any of these circumstances, we would suggest you seek legal advice before moving it. LawFriend can help you.
“Under no circumstances would we advocate you merely pushing the vehicle onto a road and leaving it there, as you may commit a number of offences.
“Don’t damage or clamp the vehicle or have it removed by a third party for destruction or storage without first seeking legal advice from LawFriend”
“If you do any of these things, you may commit a criminal offence or the owner may pursue a civil action against you.
Further advice ad assistance from firstname.lastname@example.org 07970 291197