Drivers in England urged to protect their driveways with 'bizarre' legal loophole

Homeowners have been urged to protect their driveways after experts pointed out a "bizarre" legal loophole.

The team at The Workplace Depot warned that motorists can technically park on your driveway and get away with it due to a rule on the Highway Code. Rule 243 highlights 12 places where people are unable to park, but doesn't mention about someone's drive.

This is because, if a driver does park in the space, it is considered trespassing which means it would be treated as a civil matter. However, experts said their are preventative measures homeowners can take to block people from abusing the loophole. According to The Workplace Depot, installing driveway parking posts, bollards or an expandable barrier on the drive to restrict access, could work.

drivers in england urged to protect their driveways with 'bizarre' legal loophole

Rule 243 of the Highway Code lists 12 places where road users are unable to park

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.

drivers in england urged to protect their driveways with 'bizarre' legal loophole

The experts explained that bollards can restrict access

"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."

They added: "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. 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."

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