Law expert explains when you can call police on nuisance neighbour blocking your driveway | The Sun

A LEGAL expert has revealed when you can call the police if a nuisance neighbour blocks your driveway.

Consumer rights lawyer Dean Dunham shared his top tips for homeowners dealing with the annoying issue.

Responding to a letter sent to This Is Money, Dean explained that it is actually more difficult than you might think to have action taken.

He wrote: "There is a common misconception that parking in front of someone’s driveway or the entrance to their property is illegal.

"Unfortunately, this is generally not the case.

"Rather, it is advisory…As such, the police would not be able to help you in this case."



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This is because Rule 243 of the Highway Code, which is often cited as banning parking over a neighbour's drive, does not actually have full legal force.

The rule states: "Do not park in front of an entrance to a property."

Dean informed readers that rules in the Code are only legal requirements if they say that a driver "must" or "must not" do something.

However, all hope is not lost for drivers suffering from naughty neighbours.

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There are a couple of exceptions which could see you able to have the problematic motor removed.

Firstly, if the vehicle is in a "dangerous position" or obstructs the road unnecessarily, this breaks the legally enforceable Rule 242 of the Code.

Obstructing a highway is a criminal offence and police can compel drivers to move their cars if they do so.

Secondly, parking rules prohibit parking on dropped kerbs so, if you have one at the end of your drive, it should ward off neighbours from stopping there.

If they still stop there, they can be issued a parking ticket by either the police or the local council.

Finally, if you have no other options, you could bring a civil case against a neighbour for repeatedly parking on your drive.

This would rest on the claim that they are "interfering with your use and enjoyment of the property", according to Dean.

Just be aware that this could be a long and costly process involving multiple court appearances.

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It comes after one motorist was left stunned when her van was hit by a fine despite being on the back of a breakdown truck at the time.

Meanwhile, drivers were warned over a little-known parking rule that could result in a huge fine.

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