HELP - Neighbour just bumped into our car, bumper broken

PsiDOC

darich wrote: »

you may have been able to park it but it must still have insurance.
See my post above for quote from RTA 1988.

Sainsbury's car park is private property and not subject to council maintenance, but try driving around in one with no insurance and see how long it is before the cops charge you.

Exactly my point.
RE Sainsburys: Whilst arguable in a court of law about private property you'd have to prove how on earth you got the car there in the first place and yes that is an obvious public place. In this respect you are comapring apples to oranges.

Now: let's look at the law you quote:

Road Traffic Act 1988 clause 143
"a person must not use a motor vehicle on a road [F1 or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act"

The valid section is highlighted.
It is the definition of a public road or other public place. This is defined, as I said before if the council have adopted it, in this case a resident's car park as a public place then yes a valid MOT, Insurance and Tax are required. Else it is not required.

Gene_Hunt_2

27col wrote: »

I hate to correct you but it probably isn't.

There's a man who's had a good Christmas.

You found out about the Mrs' then.;)

darich

Gene_Hunt wrote: »

Private lot, aka private with no public access. Read my whole post I said clarification was needed by the OP not someone guessing.

Sainsbury's car park is private but you'd still need insurance in their car park.

As discussed already, even if it is restricted access then with cars moving about and private property in the area ie building, fence etc then insurance would be required.

You did say if the incident occurred in a private parking area then insurance is not required. This is incorrect as mentioned above.

Gene_Hunt_2

darich wrote: »

Sainsbury's car park is private but you'd still need insurance in their car park.

As discussed already, even if it is restricted access then with cars moving about and private property in the area ie building, fence etc then insurance would be required.

You did say if the incident occurred in a private parking area then insurance is not required. This is incorrect as mentioned above.

Ok then it may not be required, are you happier now?

Or do I now need insurance to park on a shared driveway?

darich

PsiDOC wrote: »

Exactly my point.
RE Sainsburys: Whilst arguable in a court of law about private property you'd have to prove how on earth you got the car there in the first place and yes that is an obvious public place. In this respect you are comapring apples to oranges.

Now: let's look at the law you quote:


The valid section is highlighted.
It is the definition of a public road or other public place. This is defined, as I said before if the council have adopted it, in this case a resident's car park as a public place then yes a valid MOT, Insurance and Tax are required. Else it is not required.

A public road is defined as any road or other way that the public has access to.

"Under section 143 of the Road Traffic Act 1988 (“the 1988 Act”) it is an offence to use, or to cause or permit someone to use, a motor vehicle on a road unless its use is covered by an appropriate policy of insurance or security (“the insurance requirement”). “Road” is defined in section 192(1) of the 1988 Act, in relation to England and Wales, as any highway or other road to which the public has access and, in relation to Scotland, as any road or other way to which the public has access"

Your adopted road counts as public even though not adopted by the council since public has access to it.

darich

Gene_Hunt wrote: »

Ok then it may not be required, are you happier now?

Or do I now need insurance to park on a shared driveway?

You probably do need insurance on a shared driveway.

And stay calm.

Gothicfairy

Gene_Hunt wrote: »

I hate to correct you but it probably is.

Think of the children, for the love of all things fluffy and candyfloss coloured please think of the children.


I do wonder though why people can't just ask the question or go through the problem without over egging it with kids and the mass panic of what might happen..It does make me wonder how as a race of man we managed to continue as surely we should have died out hundreds if not thousands of years ago.

PsiDOC

darich wrote: »

A public road is defined as any road or other way that the public has access to.

"Under section 143 of the Road Traffic Act 1988 (“the 1988 Act”) it is an offence to use, or to cause or permit someone to use, a motor vehicle on a road unless its use is covered by an appropriate policy of insurance or security (“the insurance requirement”). “Road” is defined in section 192(1) of the 1988 Act, in relation to England and Wales, as any highway or other road to which the public has access and, in relation to Scotland, as any road or other way to which the public has access"

Your adopted road counts as public even though not adopted by the council since public has access to it.

I'm afraid you're talking complete boll0cks (note: note a swear word as proved in the case of the crown vs Chris Seale 24/11/1977) The definition of a public place is quite that. A car park with the ability to house 500 cars is a public place as it invites the public in to park and shop / whatever the attraction is. A resident's car park is exactly that as residen't car park. What part of the word resident can be interpreted as public?

themull1

4) We do not have courtesy car with our insurance and we need to have a car as we have a very young baby and need to have access to transport if we need to take the baby to hospital in an emergency.


You can ring for an ambulance in an emergency, or get cover on your insurance with a courtesy car.

Gene_Hunt_2

darich wrote: »

You probably do need insurance on a shared driveway.

Come one then show us why.