Parking woes: a car has been parked outside our house for months – can we legally get it clamped?

Question: We have lived in our semi-detached house for nearly 20 years and we park our car in the street.

About four months ago someone parked a car at the kerb just in front of our house and there it has stayed.

I have been told that as long as it is taxed and insured there is nothing we can do. Is this right?

Answer: It depends on the nature of the road but you have no legal right to park in front of your property if the road is a public highway. 

If the property is within a Controlled Parking Zone (“CPZ”) then the car should have a permit displayed.

If it does, then provided your driveway is not blocked and the wheel is not over a dropped kerb, the owner has a right to park there. 

If no permit is displayed in a CPZ, then in the unlikely event that this has not been picked up by a warden, you should report it to the council.

However, even if the car is in violation of the parking regulations it is unlikely to be removed any time soon.

Where the road is not within a CPZ then the driver may park there for a reasonable time so long as the vehicle is taxed, insured and has a valid MOT.

As above, if the vehicle causes an obstruction or nuisance then you should contact your local council.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Piers King, email or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE.

Questions cannot be answered individually, but we will try to feature them here.

Piers King is a solicitor in the property department of Streathers Solicitors LLP.

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