The bizarre legal loophole which means anyone can park on your drive – and it could end up costing you money

A STRANGE legal loophole means anyone can park on your driveway – and there's not much you can do about it.

There have been a number of cases in the UK where homeowners have been stuck with a stranger's car on their driveway, only to be told neither police nor local authorities have the power to move it.

In the instance of a stranger parking on your driveway, an issue arises when the line between criminal and civil law is blurred.

If a car is parked on a public road and it is blocking your driveway, local authorities certainly have the power to issue a fine.

But once the car moves onto your drive, it's technically on private property – and local councils have no jurisdiction.

Councils are required to remove abandoned cars from both public and private property, but if the motor in question is taxed, insured, has a valid MOT and isn't in a dangerous condition, they are unlikely to touch it on private land.

Police will acknowledge the car is technically trespassing, but they will classify it as a civil offence, meaning you would need an eviction notice from the courts.

You would then be forced to start the lengthy- and expensive – legal process in the courts.

A solicitor would be able to obtain the civil court's permission to track down the legal owner, and a judge would have to make its removal an order of the court.

Court enforcers would then be the ones to take action and actually have the random car moved.

Source: Read Full Article