Parking disputes outside homes are a common source of frustration for homeowners, but a solicitor has clarified the legal position, warning that taking matters into your own hands could lead to fines or even imprisonment.
Understanding Your Rights
On BBC Morning Live, solicitor Gary Rycroft addressed the issue, explaining that homeowners do not have ownership of the road outside their properties. 'If you own your house, if you rent your house, that's great. But you don't own or rent the road in front of your house. That is the public highway,' he said. 'It's for the public. It's for all of us to use and to park there.'
He noted that restrictions such as double yellow lines or resident parking zones can limit who can park, but even then, residents do not have exclusive rights to the space directly outside their home.
Can You Use Cones or Wheelie Bins to Reserve a Space?
Presenter Helen Skelton asked whether placing a cone or wheelie bin to keep a space free is permissible. Rycroft was unequivocal: 'No, you can't put a wheelie bin or a cone. That is an offence under the Highways Act 1980 Section 137, you are blocking the public highway. You might be liable to a fine or a penalty charge notice or even imprisonment.' He added that cones are typically issued by the highways agency, so using them without authorisation is also problematic.
The only exception he conceded was for a wedding: 'If your daughter or son is getting married and they want to go to the wedding car on the morning, keep your space free in front of the cone. And that's the one event in life that I will let you have a cone.'
Private Parking Areas
For residents of flats with allocated parking, Rycroft advised checking the lease. 'Parking laws also extend to private parking areas like flats. They are governed by the rules of the flats, which are in the leases.'
RAC Guidance
The RAC website offers further advice on parking disputes. It states: 'It is perfectly legal to park outside someone's house, unless the vehicle is blocking a driveway or a wheel is over a dropped kerb. Where no parking controls exist, drivers do not have an automatic spot for parking outside their homes.'
If a vehicle blocks your driveway, the council can act if the car is on a public highway. However, if the car is on private property, the council has no authority to remove it. Parking is also not permitted on streets with resident parking permits or where restrictions like double yellow lines apply.
According to UK police, including the Metropolitan Police, parking on a public road outside someone's home is legal as long as no specific restrictions are contravened, the driveway is not obstructed, and no blockage is caused. Homeowners have no automatic entitlement to park directly outside their own properties.
