Highway Code parking rule sets out what to do when a car blocks your driveway

Many motorists have experienced the frustration of being trapped by a car parked blocking the driveway.

But with parking rules pretty strict in some areas, it can be difficult to find a place to put the car without risking a ticket.

Rule 243 of the Highway Code sets out where people can and cannot park.

The rule states that drivers should not park in front of an entrance to a property – which means parking in front of a driveway would mean you are in breach, reports The Mirror.

However, the Highway Code is a set of guidelines and not all rules are legally binding.

In fact, only the rules that say “you must not” are backed up by law with rules stating “do not” simply guidance.

Unfortunately, parking in front of a driveway is a “do not” rule which means doing this may be irritating, but it does not actually break any laws.

So what are you allowed to do if someone is blocking your driveway?

Here are your rights explained…

“The first step with any anti-social parking problem is to contact your local authority or the police; however there is little the law can do to support home owners – even if a car blocks your driveway,” said Charlotte Dixon, solicitor at DAS Law.

“The Highway Code can only help if the parked car is causing an obstruction to the road but not in relation to private land.”

But that doesn’t leave you entirely powerless.

“One option that’s available is to pursue a legal claim for nuisance on the grounds that the driver is interfering with your use and enjoyment of your property – but to do so you’d need to know the identity of the offending vehicle’s driver,” Dixon added.

In the case of a repeat offender, you could try and 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 do so. If your road is governed by residential parking permits, or is private, it’s a different story.

The new Highway Code came out in February 2022.

Key legal facts about blocked driveways

• If a vehicle is parked on your driveway without your permission, they would be trespassing. As trespass is a civil and not criminal offence the police will not always get involved. They can send an officer to try and determine the owner of the vehicle and ask them to move.

• A homeowner has no special legal right to park directly outside their property. All road users have the same right to park anywhere on the public highway as long as they do not contravene parking restrictions.

• There is no time limit on how long a vehicle can remain parked in the same space on a road. The exception to this is if the vehicle is thought to have been abandoned, in which case it can be removed by the police.

• Trying to keep a parking space available outside your home using cones or some other obstacle could be viewed as obstruction and liable to prosecution – unless your local authority has granted you the right to do so for something like a funeral.

• If someone has parked on your driveway and you were to block them in, be careful not to cause an obstruction to the public highway as this is a criminal offence. If you do, the owner of the vehicle could call the police on you.

• Vandalising a parked car is a criminal act and can be prosecuted. Even if just spraying chip fat on the windscreen or blocking the exhaust, these acts could still be classed as vandalism.

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