'Loophole' means people can park on your drive - what to do if it happens to you

'Loophole' means people can park on your drive - what to do if it happens to youInstaead of being treated as a criminal offience, it is seen as a civil matterCommentsNewsCharlotte Smith Senior Lifestyle Content Editor07:30, 04 Apr 2026View 3 ImagesThe 'loophole' limits police action (stock image)(Image: Getty)Homeowners across the country are being told about a legal 'loophole' as many are set to go on staycations and visit family this Easter bank holiday. The so-called 'loophole' effectively strips police and local councils of the authority to remove a car that's parked without permission on a private driveway.‌Unauthorised parking on a private driveway is generally not categorised as a criminal offence, but is instead treated as trespass—a civil matter in the UK. This means neither the police nor the local council have the legal power to intervene and remove the vehicle.‌Because it is a civil matter, the police are unlikely to remove a vehicle parked on a private drive unless it is deemed abandoned or dangerous. This is usually enforced by local councils through Penalty Charge Notices (PCNs).‌Rule 243 of the Highway Code lists a dozen locations where parking is forbidden, such as near school entrances and bus stops, but makes no mention of parking on a private driveway. However, it does state that you must not stop or park "in front of an entrance to a property" or "where the kerb has been lowered to help wheelchair users and powered mobility vehicles".The Highway Code says you shouldn't block entrances to people's properties, but if a car is parked on private land, it's usually the homeowner's job to take legal action if they want to. Rule 243 is there to stop "nuisance parking" on the road.View 3 ImagesA nuisance claim can be taken via civil court, but it is often slow and expensive‌What can you do if your driveway is blocked?In these circumstances, experts strongly ad...