Drivers that park on your driveway could go 'unpunished' thanks to loophole

dailyrecord.co.uk:

Some may be surprised to learn that parking on another person's driveway without their consent actually isn't against the law.That means that people are entitled to do so without fear of criminal punishment.It is, of course, trespassing as your driveway is a part of your property, however trespassing is not a criminal offence.

The police would not be able to make an arrest or remove a car if someone parked in your driveway because of this, Glasgow Live reports.

Police used to handle issues like this, but the responsibility was transferred to local authorities following the Road Traffic Act 1991.Local authorities are also unable to help in most instances.They can only issue penalty charge notices for parking offences on the road, and generally not on private property.The only way that local authorities can act is if the offence is committed on a public highway or the if car is blocking a driveway while parked on a public road.When a car is on a drive, it’s technically on private property – and the council has no authority to remove it.If a vehicle has been abandoned, the local council would be required to move it regardless of whether it’s on public or private land.However, if the car has up-to-date tax, insurance and MOT and isn’t in a dangerous condition or position, the council is powerless to tow it.Homeowners could pursue a civil case for trespassing to try and remove the car from the driveway, although this would involve solicitors.Experts advise installing a locked fence around the driveway, as this can act as a barrier and deterrent from it happening again if it occurs. Don't miss the latest news from around Scotland and beyond - Sign up to our daily newsletter here .