Parking Near Private Driveway: What is the Law?

February 4, 2018

 

 

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.

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