Legal loophole that means others can park on your driveway

But with a roadmap out of lockdown in place, cars will soon be heading all over the place as we get back to normal, leaving the possibility that when you get home, that parking spot of yours might not be there anymore. Even if you have your own private driveway, it can’t be guaranteed you’ll have a spot thanks to a legal loophole.

Here’s what to do if you find yourself with parking problems:

Who is responsible for enforcement?

It depends on what exactly has occurred. In most instances, the powers to deal with parking enforcement are with Basingstoke and Deane Borough Council, rather than with the police. However, there are some instances where police can become involved, if the parking is deemed to be anti-social behaviour.

Someone has parked in my spot outside my house. What can I do?

It may seem like you should be entitled to that space, with 60 per cent of respondents in a USwitch survey believing that, but unfortunately, you aren’t. While it may be outside your house, anyone is allowed to park in a public parking space, no matter whether that’s outside your house or theirs. If it’s on a private road, that may be a different matter, which we’ll get to later. Instead, it’s worth having a chat with whoever has parked in front of your house, if you know who they are, to try and resolve the situation.

Someone has parked in my designated parking space. What can I do?

If someone is using your specific space without permission, then you have slightly more ability to have enforcement action taken. Hampshire Constabulary recommend that you should first try leaving a note or speaking to the driver about the space first. If the issue continues, then you can report the driver for antisocial behaviour.

If you’re leasing a parking space, rather than it being part of your property, then you should contact the managing agent for the spot.

Someone has parked on my driveway. What can I do?

It may seem slightly peculiar, but enforcement action is unlikely to be taken once again. Parking on someone else’s driveway counts as trespass, which is a civil rather than criminal offence.

On their website, Hampshire Constabulary say: “This is a civil dispute and not something we can help you with. If it happens repeatedly with the same person/vehicle you might want to seek advice from Citizens Advice or a solicitor, but we would always recommend having a polite word with the driver first, as there may have been a simple misunderstanding.”

While the council is responsible for parking enforcement, they may also not be able to help you, as this parking is now on private land. However, if the vehicle is abandoned – having “not been moved or attended to for a long time” then the council does have a responsibility to move the vehicle. According to a USwitch survey, one in nine in the South East have tried reporting a vehicle as abandoned in an attempt to move it.

However, if the vehicle is taxed, insured and in roadworthy condition, it’s unlikely action will be taken. Police recommend that you don’t take action yourself, as you may be in danger of committing an offence, but you can take steps such as installing movable bollards.

It’s also worth remembering that anyone parking on someone else’s driveway are themselves in danger of being blocked in by the owner’s vehicle, and will then have the same limited action they can take.

Someone is blocking my driveway. What can I do?

If someone is blocking your driveway, then good news – the council can take action on this. Parking in front of a dropped kerb can be reported to the council for enforcement, while anyone parking in a way deemed ‘dangerous’, on zig-zag lines or blocking emergency service vehicle access can be reported to the police.

Again, police recommend first trying to talk it out with the driver before resorting to legal action.

For more information on nuisance parking, please visit: https://www.hampshire.police.uk/advice/advice-and-information/asb/asb/antisocial-behaviour/nuisance-parking