Parking in front of your driveway? Discover your rights when parking illegally

Questioner

Recently I created a driveway/parking space for my car in my own garden, closed off with a fence. I recently purchased the house, the previous owners had a piece of garden on this now adapted piece. So the situation that there is now a driveway for a car, is quite new for the neighborhood. Now it happens quite regularly that the owner of a (foreign!) vehicle regularly sees the freed up space in front of the gate as a parking space. The first time I wanted to park my vehicle on my own property, but was hindered by this - in my eyes - illegal parker. When it happened a second time, I had the chance to speak to this man that it is not the intention that he parks his vehicle in this place. However, this man speaks broken English, but apparently knows enough about the regulations in our country to indicate that it is his right to be allowed to park there (he did not care; just shrugged his shoulders). I have already contacted the police about this, because I want to apply the 'if you don't want to hear, you'll have to feel' rule by having it towed away legally; i.e. via the police. However, I cannot really convince the police, because the man's vehicle is in front of private property, but is not hindering any other vehicle. Coincidentally, the vehicle is always there whenever my car is not on my property (I am often away for work). It mainly happens when I want to park my car on my property. The police advised me to park my car elsewhere in that case and to come to an agreement with the owner of the illegally parked car (but I have since discovered that it is impossible to talk to them). I live in a quiet municipality, so finding parking spaces is not such a problem. But in this case I really think it is the police's job to intervene. This is a driveway; the gate also clearly states that parking is not allowed there. As far as I know, parking is not allowed there, I think? I made a considerable investment to create a driveway in my garden, I did not do this for someone else! I also find it striking that in my own country and in front of my own home I apparently have to let a foreigner do everything (my apologies if I come across as racist). This foreigner is here more often, so he must have a place to stay somewhere, but he still drives a car with a foreign license plate, which means he does not contribute to the maintenance of our roads. It is hard to accept that I have to just accept this kind of bullying - because that is what I call it! I do suspect that this is not all that legal, I would like to know where I can go to get this gentleman to change his mind or even to have him dealt with severely.

Lawyer

The owner of the car probably invokes the Road Traffic Act, which contains rules for 'public roads'. 'Public road' means everywhere you can and may go by car. Formally, your parking space is also a 'public road' and the police may not simply take action. Presumably, the police believe that they cannot take action against the owner of the car, since he formally parks on the 'public road'. This means, among other things, that the traffic rules apply to your property. However, as the owner of the land, you do not have to accept that someone parks on your private land. I advise you to indicate by means of a sign that it concerns private land, possibly with the message 'No access for unauthorized persons, article 461 of the Criminal Code'. The police can then take action. You can also consider putting a memo behind the windshield wiper that if the car is on your property again in the future, you will take legal action against the owner and that you reserve the right to, for example, apply a wheel clamp or tow the car. The latter is not permitted without further ado, but it may help. Furthermore, you can always demand in court that the owner of the car be prohibited from infringing on your property rights. After all, the fact that the rules of the Road Traffic Act apply to your property, and that the police therefore have no direct role, does not mean that you must simply accept that others are unlawfully on your property.

Questioner

Thank you for your clear answer. The car of the illegal parker is not, by the way, in a place on the public road that blocks the passage to the gate, but is right in front of the gate that is actually a bit back on the private property. That space is actually reserved for myself (or for someone else to whom I give permission) if I want to park there for a short time and it is therefore not desirable to have to open the gate every time. That part used to be a hedge that has now been pruned, and the ground has been founded. According to the land registry, that is simply my own property. Moreover, part of the garage still 'protrudes' in front of the gate, it is simply a matter of parking the car (over the curb) in that part. It goes without saying that this part is easily accessible from the public road (although it is a quiet street in a residential area), but that does not mean that Tom, Dick and Harry can just park there. It says enough that no one here would even think of parking there, and my neighbours also agree that I do not have to tolerate this. Incidentally, these are the people who have already seen that this person looks over the gate to see if my car is not there, and if it is not, he simply parks there. A foreigner who speaks no Dutch and hardly any English would invoke a 'law of the public road', and is cunning enough to do so? My additional question is: is this also a public road? Given the quiet and safe environment (province of Zeeland), a police car does not pass by here every day, and they probably do not take the new situation into account. I seem to remember from the theory lessons for the driving test that it is forbidden to block an exit. By the way, I know that I am not allowed to have the car towed away myself, hence my visit to the police. Your answer does clarify why the police do not take action against this. There is a sign with a parking ban on the gate, but that is without reference to the Criminal Code. So the latter might be an option, possibly even hanging my own license plate next to it so that it is clear that this is reserved for the owner only. An even better solution for me would be, if the scoundrel allows himself to park in front of my gate again, that I either park my own car (or that of an acquaintance) at the gate, so that 'sir' is blocked and is thus forced to find another solution; and it is clear once and for all that this is not tolerated. The question is whether this is legally permitted again. I look forward to your reply.

Lawyer

The line between what is permitted and what is not is not clear. Removing the car yourself is not permitted (unlawful), nor is fitting a wheel clamp. Blocking the car can also be unlawful; you do not have a legally valid ground ('title') to 'suspend' the 'delivery' of the car, as, for example, a garage owner whose invoice has not yet been paid is permitted. Blocking the car could, however, be regarded as double parking. Conversely, parking in front of your driveway/exit can also be a punishable offence. As you can see, it is not simple. Summary proceedings with a penalty payment seem to be the most appropriate way. After penalty payments have been forfeited, you can have the car seized and auctioned off under execution.

Questioner

Dear, At the time of writing, it has happened again: the car is again on my property, despite the sign you advised me to put up. As you have described it, it may not be legally correct, but I have simply parked my car along the side of the street at the height of my driveway (there are more parked cars along that side - so I do not know whether this is double parking, because other traffic can pass here just fine). The owner of the foreign car is now blocked in itself. But, as you yourself write: parking on someone else's driveway is also not permitted. I have taken a photo of the situation, there are parking spaces further down the street that are never completely full, so the gentleman could also be there. Moreover, the facts described earlier (laughing off my request not to park there anymore; story from the neighbours: person looks over the gate to see if my car is not on the property so that there is no question of 'blocking') indicate that this is purely bullying. I put a note under the windshield inviting me to ring the doorbell when the gentleman wants to drive away, to make it clear once and for all that I do not want the gentleman parking in front of my driveway. If the authorities do not want to take action, I will have to take matters into my own hands.

Lawyer

As the situation is described here, in my opinion there is no road. After all, others cannot get from A to B on this. It only concerns public space that is also private property. The illegal parker commits vandalism because he makes property that belongs to someone else unusable.