A HOMEOWNER is warning fellow drivers not to fall victim to this “act of kindness” which could land them in a pricy legal battle.
Omar Badran had been lumped with someone else’s car on his driveway since December 2021 after allowing a stranger to park there because he wasn’t using it.
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But Omar suffered for his act of kindness for months as he struggled to have the car removed from his property.
The Stoke resident said the owner initially refused to remove the car before becoming unable to reach.
Omar had previously stated: “I agreed on the condition that when I wanted to use my driveaway again, I would be able to.”
The homeowner explored many legal avenues but was surprised to find that removing property that isn’t yours from your property is considered a legal “grey area”.
Now he is warning others not to fall into the same situation.
He said: “I was shocked by my initial search, it’s legally a grey area and you might not be able to get the council, police or the DVLA to do anything about it, even though the vehicle is uninsured, isn’t taxed and has no MOT.
“I phoned up all these places and they said they couldn’t do anything.”
He eventually discovered a solution in the form of the Torts Act.
A tort occurs when someone commits a wrong against another person.
Tort law allows individuals who have had a wrong committed against them to claim damages against the person who was wronged them.
“It took me several weeks and a lot of stress, I thought I was going to be stuck with a really bad situation that would involve thousands of pounds spent in a civil court.”
Have you been caught in a parking row? Email Sarah.grealish@the-sun.co.uk
Omar then placed a sign on the windscreen of the car on his driveway last month which read: “Under the Torts Act, this vehicle will be disposed of in one week from 27/06/22 if the owner does not collect it.”
The frustrated homeowner said: “This entire thing has made me really miserable and so many people have told me I’m stupid for having allowed him to park on my driveway but I was just trying to do a nice thing.”
Thankfully Omar has now finally had the car removed from his driveway after eight months of legal wrangling.
After the original owner didn’t come to claim it, the motor was sent to the scrapyard to end the stressful ordeal.
Omar said: “The car was removed by the scrap guy who took it away. It didn’t cost me anything else other than the legal fees for the legal advice. I just want to move on with my life now.”
What are your rights if someone parks on your driveway?
Under a bizarre loophole, drivers who decide to leave their car on someone else’s drive could get away with it.
Cops and the council can’t remove the vehicle because there’s no criminal law to punish those who dump their car on someone else’s land.
It technically counts as trespass – a civil offence – as the drive is part of the property.
DON’T try and remove the car yourself as you could be liable for any damage caused.
Try and speak with the owners or leave a note on their car to resolve it quickly.
In a worst case scenario you’ll have to bring a civil claim to the courts to have the car removed.
