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Driveway warning – legal loophole leaves homeowners at risk

Homeowners are being warned they could be powerless if another motorist parks on their driveway this summer.

That’s according to experts at The Workplace Depot who say the bizarre legal loophole leaves authorities unable to help and homeowners frustrated and struggling to resolve.

Rule 243 of the Highway Code lists 12 places where road users are unable to park, including near a school entrance, at or near a bus or tram stop, near the brow of a hill and in front of an entrance to a property.

However, it does not state parking on someone else’s drive. If a fellow motorist was to park on a drive, it’s deemed as trespass and becomes a civil matter.

The police have no authority to remove the vehicle and as it’s on private property, local authorities are unlikely to get involved.

Now the team at The Workplace Depot are urging homeowners to take preventative measures to ensure this doesn’t happen to them.

They suggest installing driveway parking posts and bollards or an expandable barrier on the drive to restrict access.

Other advice includes adding a gate to the property as a deterrent and installing cameras if you have recurring problems.


They do advise against taking matters into your own hands. Removing the vehicle yourself could lead to criminal damage charges as could any vandalism to the car.

They also offer tips on how to resolve the issue including dealing with the situation calmly and if it’s a persistent problem, taking legal action.


A spokesperson for The Workplace Depot said: “Nobody wants to come home and see a stranger’s car on the drive but this bizarre legal loophole allows that to happen.

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“For most of us it’s unlikely to be a problem, but if you live in an area where parking can be difficult like close to a busy hospital or in a town or city centre, then there is technically nothing to stop a motorist parking on your drive.

“Because this isn’t deemed as breaking the law and is seen as a civil matter, there’s very little the authorities can do.

“For a homeowner, the best route to take if you find a strange car on your drive is to calmly talk to the owner. If it becomes a recurrent problem, you may need to consider taking legal advice.”

The spokesperson continued: “If you’re concerned, there are preventative measures you can take to restrict access to your drive.

“The easiest way is to install driveway parking posts. These will secure your parking area and restrict access to unauthorised vehicles.

“Other options include folding barriers which can be conveniently stored when they’re not in use and car park security posts.

“The one thing you should never do is take matters into your own hands if you have a persistent problem – you could end up being the one prosecuted.”

With over 30 years of experience in the industry, The Workplace Depot is part of one of the UK’s largest Industrial and Commerce companies.

Headquartered in Nottingham, The Workplace Depot is ideally positioned to provide a range of health, safety and workplace equipment to companies around the UK, from trucks, trolleys and lockers to office furniture, safety steps and racking.

For more information, please visit: www.theworkplacedepot.co.uk

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