Car parked over my drive, clipped it, who is liable?

Afourteen

Historically I would have said the person blocking the drive / access way. But with the recent mailings around parking on driveways and blocking farmers gateways not being a legal offence I'm no longer able to say that. Common courtesy says you shouldn't block drives and access ways but that doesn't seem to matter nowadays. 
Your best defence is your access way on public land? Even then I will suggest you are at fault, sorry. 

shiraz99

Afourteen said:

Historically I would have said the person blocking the drive / access way. But with the recent mailings around parking on driveways and blocking farmers gateways not being a legal offence I'm no longer able to say that. Common courtesy says you shouldn't block drives and access ways but that doesn't seem to matter nowadays. 
Your best defence is your access way on public land? Even then I will suggest you are at fault, sorry. 

They have absolutely no defence, historical or otherwise. They hit a stationary object because they didn't look where they were going, end of.

user1977

Afourteen said:

Historically I would have said the person blocking the drive / access way. But with the recent mailings around parking on driveways and blocking farmers gateways not being a legal offence I'm no longer able to say that.

Eh? There's never been a legal principle that if you crash into an illegally-parked vehicle, it's the fault of the stationary vehicle.

TheJP

Hi all, thanks for the input. Agree that yes it is me who is responsible. We are at the end of a cul-de-sac and i have a shared drive with another house, the big bush is at the end of my garden and next to the drive of our neighbour. Their visitor always parks their L200 just off the drive but behind the parked cars (don't understand why they don't use the whole driveway rather than park at the end of their drive). As i come out and then need to turn left to exit my drive that's when i collided with the car.

Momentary lapse of concentration and not expecting a car to be that much over my drive.

There's not much damage and we are chatting about repairs over the weekend. I think a discussion on where he parks may be mentioned.

TheJP

comeandgo said:

TheJP said:

Momentary lapse of concentration and not expecting a car to be that much over my drive.

There's not much damage and we are chatting about repairs over the weekend. I think a discussion on where he parks may be mentioned.

He is doing nothing illegal, you are.  A discussion on your ability to drive should be mentioned.

Thanks for your helpful comment. He may not be doing anything illegal but id prefer he didn't park partially over my drive.

diystarter7

TheJP said:

comeandgo said:

TheJP said:

Momentary lapse of concentration and not expecting a car to be that much over my drive.

There's not much damage and we are chatting about repairs over the weekend. I think a discussion on where he parks may be mentioned.

He is doing nothing illegal, you are.  A discussion on your ability to drive should be mentioned.

Thanks for your helpful comment. He may not be doing anything illegal but id prefer he didn't park partially over my drive.

I completly agree with you. These parasites that think it is fine to block someone else drive in part or otherwise are often the same type of people that rant and rave if you legally park outside their home.

Are you able to contact the parking enforcement people in your area and request cars parked blocking your drive in part or full are ticketed?  NB. You too will get a ticket if CEO comes along but it it worth considering as where I lived before we often got fully blocked for a few minutes because of shops around the corner often partially for hours then we told the CEO to add our address to their dropped kerb enforcement. It too a while but the local/regular fools soon stopped and one was ranting and raving at our window abuse aimed at me but it did the trick. We lived in a road where only a few houses had a drive and we had ours extended cost loads of money and parasites though they could encroach that. The road was narrow so turning out was a nightmare until we paid for a wider drive then a white line then the CEO enforcement. We rang them and they'd often come a couple of hours later and if the original offender had gone another one would be ticketed, rightly so.

So check if your coucil provides the above service and consider paying for a white line and hopefully these idiots park properly.

shiraz99

TheJP said:

comeandgo said:

TheJP said:

Momentary lapse of concentration and not expecting a car to be that much over my drive.

There's not much damage and we are chatting about repairs over the weekend. I think a discussion on where he parks may be mentioned.

He is doing nothing illegal, you are.  A discussion on your ability to drive should be mentioned.

Thanks for your helpful comment. He may not be doing anything illegal but id prefer he didn't park partially over my drive.

I'm sure he'd "prefer" you didn't drive into his parked car. I can't remember if you mentioned whether this was caused by your reversing out, I'd suggest you reverse onto your drive in future if you're struggling to see what's parked either side of the drive.

shiraz99

diystarter7 said:

TheJP said:

comeandgo said:

TheJP said:

Momentary lapse of concentration and not expecting a car to be that much over my drive.

There's not much damage and we are chatting about repairs over the weekend. I think a discussion on where he parks may be mentioned.

He is doing nothing illegal, you are.  A discussion on your ability to drive should be mentioned.

Thanks for your helpful comment. He may not be doing anything illegal but id prefer he didn't park partially over my drive.

I completly agree with you. These parasites that think it is fine to block someone else drive in part or otherwise are often the same type of people that rant and rave if you legally park outside their home.

Are you able to contact the parking enforcement people in your area and request cars parked blocking your drive in part or full are ticketed?  NB. You too will get a ticket if CEO comes along but it it worth considering as where I lived before we often got fully blocked for a few minutes because of shops around the corner often partially for hours then we told the CEO to add our address to their dropped kerb enforcement. It too a while but the local/regular fools soon stopped and one was ranting and raving at our window abuse aimed at me but it did the trick. We lived in a road where only a few houses had a drive and we had ours extended cost loads of money and parasites though they could encroach that. The road was narrow so turning out was a nightmare until we paid for a wider drive then a white line then the CEO enforcement. We rang them and they'd often come a couple of hours later and if the original offender had gone another one would be ticketed, rightly so.

So check if your coucil provides the above service and consider paying for a white line and hopefully these idiots park properly.

By "white lines" I'm assuming you're referring to H bars (or access protection markers)? They are purely advisory and have absolutely no legal standing.

Nobody here is arguing the right and wrongs of the other driver's parking but at the end of the he was parked where he was and there is no excuse for someone to drive into them and then argue that somehow he was also to blame.

sheramber

Perhaps trimming the bush would be  helpful.

Our council do not paint white lines across dropped kerbs any  longer.

diystarter7

shiraz99 said:

diystarter7 said:

TheJP said:

comeandgo said:

TheJP said:

Momentary lapse of concentration and not expecting a car to be that much over my drive.

There's not much damage and we are chatting about repairs over the weekend. I think a discussion on where he parks may be mentioned.

He is doing nothing illegal, you are.  A discussion on your ability to drive should be mentioned.

Thanks for your helpful comment. He may not be doing anything illegal but id prefer he didn't park partially over my drive.

I completly agree with you. These parasites that think it is fine to block someone else drive in part or otherwise are often the same type of people that rant and rave if you legally park outside their home.

Are you able to contact the parking enforcement people in your area and request cars parked blocking your drive in part or full are ticketed?  NB. You too will get a ticket if CEO comes along but it it worth considering as where I lived before we often got fully blocked for a few minutes because of shops around the corner often partially for hours then we told the CEO to add our address to their dropped kerb enforcement. It too a while but the local/regular fools soon stopped and one was ranting and raving at our window abuse aimed at me but it did the trick. We lived in a road where only a few houses had a drive and we had ours extended cost loads of money and parasites though they could encroach that. The road was narrow so turning out was a nightmare until we paid for a wider drive then a white line then the CEO enforcement. We rang them and they'd often come a couple of hours later and if the original offender had gone another one would be ticketed, rightly so.

So check if your coucil provides the above service and consider paying for a white line and hopefully these idiots park properly.

By "white lines" I'm assuming you're referring to H bars (or access protection markers)? They are purely advisory and have absolutely no legal standing.

Nobody here is arguing the right and wrongs of the other driver's parking but at the end of the he was parked where he was and there is no excuse for someone to drive into them and then argue that somehow he was also to blame.

Yes, you are right but it gives those that are only slightly careless a good guide to park right up to it and hopefully not over it
and it did make a slight difference to where we lived before. Sadly, parasites will ignore and park over these and this is where parking enforcement could help.

Your second point, I've never disagreed with that and I think you've confused me with another.