Drivers warned about Highway Code loophole if someone parks across your driveway

14 October 2023 , 17:37

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People are being warned over a Highway Code loophole over cars blocking driveways (Image: Getty Images/iStockphoto)

People are being warned of a loophole in the Highway code that is set to frustrate homeowners who find cars blocking their driveway.

It's incredibly frustrating to come home and find a car blocking your driveway, whether it belongs to a neighbour or a complete stranger. And while all you want is for it to be moved so you can park safely, due to a loophole in the Highway Code, there isn't much you can do.

The driving guidelines were updated at the start of last year with several key changes, mainly focusing on the "hierarchy of road users" - giving priority to pedestrians and placing more responsibility on larger vehicles to ensure safety on the roads.

Rules 239 to 252 of the Highway Code deal with parking, and Rule 243 advises drivers not to stop or park "in front of an entrance to a property". Regrettably, there is no criminal law to penalise motorists who park their car on someone else's property and so the options are limited in terms of forcing them to move the vehicle.

Instead the police advise anyone annoyed by a neighbour blocking their driveway to politely ask them to move it, reported SomersetLive. And If you can't locate them, or don't know who owns the car, it's recommended to leave a note on the windscreen. Technically, parking a car on someone else's property is considered trespassing, which is a civil offence.

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But in these situations, the police can't intervene with unknown cars, as it's not a criminal offence and they're on private property. The only exception to this situation is if the car ha been abandoned, and in this case, your local council may be able to do something about getting it removed.

Also, if a car is parked on a public road and blocking a driveway, the driver is committing a parking offence. Local authorities can get involved in this case and issue a fine.

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Tim Hanlon