Parking Laws?? Any policemen on here?
09 February 2007, 11:50 AM
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Parking Laws?? Any policemen on here?
I need to find out whether I am legally obliged to pay for some damage to a car that was hit when trying to reverse off of my driveway??
The said car was parked on a lowered kerb, on the pavement, and was over hanging the access to my driveway at 10pm one night.
I got into my large van, couldn't see it (black car in dimly lit cul-de-sac) in my mirrors, edged backwards, and caught the rear 1/4 of this car. The car was on the passenger side of van, and my front door on house is on drivers side etc..
2 months later, they are expecting me to pay up for the damage repair.
I have called the local police station, and they were no help. (we dont tend to bother with small problems like that, was it on double yellows etc...
)
Have consulted the Highway Code which states you shouldn't park on lowered kerbs, NOR on pavements unless there is a sign saying its OK to do so, OR block someones access to driveway!!
I realise I hit the car when it was stationary, but surely these 3x parking offences comitted by the owner of the car, are enough for me/and my insurance co to refuse to pay up for damage???
I have heard also from a 3rd party, that their local bobby, told them a car should NOT park within 1x car length of your driveway/access either side, or away from so that you can gain access to your property with ease.
Any help??
Cheers
The said car was parked on a lowered kerb, on the pavement, and was over hanging the access to my driveway at 10pm one night.
I got into my large van, couldn't see it (black car in dimly lit cul-de-sac) in my mirrors, edged backwards, and caught the rear 1/4 of this car. The car was on the passenger side of van, and my front door on house is on drivers side etc..
2 months later, they are expecting me to pay up for the damage repair.
I have called the local police station, and they were no help. (we dont tend to bother with small problems like that, was it on double yellows etc...
) Have consulted the Highway Code which states you shouldn't park on lowered kerbs, NOR on pavements unless there is a sign saying its OK to do so, OR block someones access to driveway!!
I realise I hit the car when it was stationary, but surely these 3x parking offences comitted by the owner of the car, are enough for me/and my insurance co to refuse to pay up for damage???
I have heard also from a 3rd party, that their local bobby, told them a car should NOT park within 1x car length of your driveway/access either side, or away from so that you can gain access to your property with ease.
Any help??
Cheers
09 February 2007, 12:02 PM
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I thinks ya doomed 
The car being stationary and your not seeing it would lead me to think you are to blame, although I would certainly be tempted to contest it. Thing is though from talking to friends, colleagues and countrymen, so may insurance companies cant be bothered with disputes these days and just go knock for knock on a whim. Hmmmm...
Who stays, who goes, you decide...
The car being stationary and your not seeing it would lead me to think you are to blame, although I would certainly be tempted to contest it. Thing is though from talking to friends, colleagues and countrymen, so may insurance companies cant be bothered with disputes these days and just go knock for knock on a whim. Hmmmm...Who stays, who goes, you decide...
09 February 2007, 12:03 PM
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I know the feeling well.
One day to make a point; I'll intentionally reverse into the door of the feejits who keep parking directly opposite my driveway on a narrow road where everyone has useable driveways and there is clear areas to park before and after my drive entrance
Obviously I won't do it in my own car and do it discreetly in the small hours to avoid reprises 
I shouldn't condone such actions, but; One who doesn't engage their brain when driving a car shouldn't be driving one, yet alone parking one, and their car should be "branded" to warn others.
One day to make a point; I'll intentionally reverse into the door of the feejits who keep parking directly opposite my driveway on a narrow road where everyone has useable driveways and there is clear areas to park before and after my drive entrance
Obviously I won't do it in my own car and do it discreetly in the small hours to avoid reprises I shouldn't condone such actions, but; One who doesn't engage their brain when driving a car shouldn't be driving one, yet alone parking one, and their car should be "branded" to warn others.
09 February 2007, 12:05 PM
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DId you hit a parked car?
Yes.
Is it your fault?
Yes.
Who pays?
You.
Bit of an **** I know, what with them parking over your dropped kerb, but thems the rules.
Yes.
Is it your fault?
Yes.
Who pays?
You.
Bit of an **** I know, what with them parking over your dropped kerb, but thems the rules.
09 February 2007, 12:08 PM
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I realise I am 'to blame' as I hit the car!! BUT, I have been told by a few people (non legal, nor police mind) that due to them breaking 3x parking laws, that if it were to go through the insurance, then my company would refuse to pay out, as they had broke the law with their parking.
No insurance co's have been involved as of yet, and its been 2 months since the incident.
Just want to know where I stand before I refuse, or cough up
No insurance co's have been involved as of yet, and its been 2 months since the incident.
Just want to know where I stand before I refuse, or cough up
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09 February 2007, 12:18 PM
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Just because someone has parked illegally does not absolve you from blame. As you were at fault you have to pay up.
In a moving vehicle accident particularly where serious injuries are inolved it is often argued that whilst the accicent was the fault of a driver the other one contributed to the blame. So in a case involving my brother he was driving along a dual carriageway on the inside lane approaching a junction when someone cut in from the sliproad causing him to swerve and a passenger in his car was seriously injured. The other driver was found not guilty of a driving offence but was prosecuted by my brothers insurance company. His insurance company eventually admitted to 90% of the blame, the other 10% being attributable to my brother for not moving into the outside lane approaching the junction. But in that case hundreds of thousands were at stake so worth the insurance company chasing it.
In your case a few hundred amy be a thousand not worth insurance company chasing so they'll roll over.
In a moving vehicle accident particularly where serious injuries are inolved it is often argued that whilst the accicent was the fault of a driver the other one contributed to the blame. So in a case involving my brother he was driving along a dual carriageway on the inside lane approaching a junction when someone cut in from the sliproad causing him to swerve and a passenger in his car was seriously injured. The other driver was found not guilty of a driving offence but was prosecuted by my brothers insurance company. His insurance company eventually admitted to 90% of the blame, the other 10% being attributable to my brother for not moving into the outside lane approaching the junction. But in that case hundreds of thousands were at stake so worth the insurance company chasing it.
In your case a few hundred amy be a thousand not worth insurance company chasing so they'll roll over.
09 February 2007, 01:18 PM
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LOL Sharkman, 
When I lived at my mum and dads my ex used to come round and park her car outside my parents in between their two drives. This incidentally meant the car from the opposite house would struggle to reverse out of their drive but it was more than possible.
One day after an arguement with his 'difficult' wife, he flung his car out of his drive in reverse and smashed into the ex's fiesta. Kaboom! Smash! Tinkle! Eek! and Trump! were all heard as we all witnessed the callous assault on the little blue car...
Needless to say he was completely to blame and we got it fixed through his insurers, despite in the first instance him accusing the stationary car as being to blame
Certainly in this instance the ex wasnt parking selfishly, this noggin of neighbour was just a highly strung dunderhead who couldnt drive...
Like I said earlier, your insurers may refuse to settle due to the parking infringement. Their insurers will refuse to settle because you drove into a stationary car, they'll go knock for knock and no-one wins... If it's only a few hundred quids, stump up yourself and save the ncb
When I lived at my mum and dads my ex used to come round and park her car outside my parents in between their two drives. This incidentally meant the car from the opposite house would struggle to reverse out of their drive but it was more than possible.
One day after an arguement with his 'difficult' wife, he flung his car out of his drive in reverse and smashed into the ex's fiesta. Kaboom! Smash! Tinkle! Eek! and Trump! were all heard as we all witnessed the callous assault on the little blue car...
Needless to say he was completely to blame and we got it fixed through his insurers, despite in the first instance him accusing the stationary car as being to blame
Certainly in this instance the ex wasnt parking selfishly, this noggin of neighbour was just a highly strung dunderhead who couldnt drive...
Like I said earlier, your insurers may refuse to settle due to the parking infringement. Their insurers will refuse to settle because you drove into a stationary car, they'll go knock for knock and no-one wins... If it's only a few hundred quids, stump up yourself and save the ncb
09 February 2007, 02:28 PM
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It's all been said already.
YOU were responsible for the vehicle YOU were driving. "I didn't see it" is no excuse no matter how bad their parking was.
Yes officer, I ran over that child because it was dark and I couldn't see them, and they shouldn't have been there anyway.
YOU were responsible for the vehicle YOU were driving. "I didn't see it" is no excuse no matter how bad their parking was.
Yes officer, I ran over that child because it was dark and I couldn't see them, and they shouldn't have been there anyway.
09 February 2007, 03:17 PM
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So in a case involving my brother he was driving along a dual carriageway on the inside lane approaching a junction when someone cut in from the sliproad causing him to swerve and a passenger in his car was seriously injured. The other driver was found not guilty of a driving offence but was prosecuted by my brothers insurance company. His insurance company eventually admitted to 90% of the blame, the other 10% being attributable to my brother for not moving into the outside lane approaching the junction. But in that case hundreds of thousands were at stake so worth the insurance company chasing it.
09 February 2007, 03:46 PM
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Let me get this right - you reversed your van into a stationary car and feel it's their fault???
Would you be so outraged if you'd reversed into a small child that was there (wearing a black coat)?
Try reversing ONTO your drive and then you'll be able to see a bit better when you're driving off it
Would you be so outraged if you'd reversed into a small child that was there (wearing a black coat)?
Try reversing ONTO your drive and then you'll be able to see a bit better when you're driving off it
09 February 2007, 10:25 PM
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Gordo/Kerfuffle, Why would a small child be 'parked' behind my van @ 10pm at night?? Where did I say it was their 'fault' ?? Just asking if I had claims to disagree to paying up due to the parking offences commited by the owners.
Save your stupid comments for the muppet forum!
I was asking for policemen/womens views!
James, thanks, appreciate your PM.
Save your stupid comments for the muppet forum!
I was asking for policemen/womens views!
James, thanks, appreciate your PM.
09 February 2007, 10:32 PM
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Wtf does it have to do with Policemen? The most ignorant and twisted interpretations of the law that Ive ever heard have come from Police officers. You need to speak to a solicitor, not ask on a forum populated mostly by ********* now!
09 February 2007, 10:34 PM
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Yup, contacting the solicitors is the next step.
I honestly don't know what possessed me to ask that question on here. I usually don't read half the cr4p thats posted on here outside the technical forums anyway!
Consider topic 'closed'
I honestly don't know what possessed me to ask that question on here. I usually don't read half the cr4p thats posted on here outside the technical forums anyway!
Consider topic 'closed'
09 February 2007, 11:50 PM
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So basically it's a thread saying "I drove into a parked car but is there anyway I can get out of it"
Sorry mate, forget the legal side of things for a minute (i'm no lawyer) and from a moral perspective (assuming you are a moral person), you drive into someone's parked car, you pay. Think how you'd feel if roles were reversed.
Sorry mate, forget the legal side of things for a minute (i'm no lawyer) and from a moral perspective (assuming you are a moral person
), you drive into someone's parked car, you pay. Think how you'd feel if roles were reversed.
10 February 2007, 09:55 AM
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10 February 2007, 12:11 PM
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If you hit a stopped vehicle, you pay-whatever! You asked the question and unfortunately its not the answer you were hoping for. I agree that it seems unfair under the circumstances.
Les
Les
Last edited by Leslie; 10 February 2007 at 12:14 PM.
10 February 2007, 01:59 PM
#22
Waste of time paying to see a solicitor. You'll just be told If you try getting out of by suggesting he was illegally parked, he could counter claim that you reversed onto a road.
You say you consulted the highway code on parking offences, did you also read the highway code paragraph 177 (reversing onto a road) ?
I can't see any way out of it. Looks like you'll just have to pay up.
You say you consulted the highway code on parking offences, did you also read the highway code paragraph 177 (reversing onto a road) ?
I can't see any way out of it. Looks like you'll just have to pay up.
10 February 2007, 03:08 PM
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Waste of time paying to see a solicitor. You'll just be told If you try getting out of by suggesting he was illegally parked, he could counter claim that you reversed onto a road.
You say you consulted the highway code on parking offences, did you also read the highway code paragraph 177 (reversing onto a road) ?
I can't see any way out of it. Looks like you'll just have to pay up.
You say you consulted the highway code on parking offences, did you also read the highway code paragraph 177 (reversing onto a road) ?
I can't see any way out of it. Looks like you'll just have to pay up.
10 February 2007, 03:09 PM
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So basically it's a thread saying "I drove into a parked car but is there anyway I can get out of it"
Sorry mate, forget the legal side of things for a minute (i'm no lawyer) and from a moral perspective (assuming you are a moral person), you drive into someone's parked car, you pay. Think how you'd feel if roles were reversed.
Sorry mate, forget the legal side of things for a minute (i'm no lawyer) and from a moral perspective (assuming you are a moral person
), you drive into someone's parked car, you pay. Think how you'd feel if roles were reversed.
if it happened to him i'm damn sure he would want the culprit to cough up for any damage .
illegally parked
just pay up
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