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

shiraz99

diystarter7 said:

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.

How can parking enforcement help if the lines have no legal standing, and therefore by definition cannot be enforced 

TheJP

shiraz99 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'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.

Id prefer people didn't have 50% of their car hanging over public road and in the way of a driveway. Its not hard to park a car in a way its not obstructing someone else's drive. 

Aretnap

shiraz99 said:

diystarter7 said:

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.

How can parking enforcement help if the lines have no legal standing, and therefore by definition cannot be enforced 

In most of the country it's illegal to park across a dropped kerb, lines or no lines. The lines themselves may have no particular legal standing, but they are intended to draw extra attention to the enforceable parking restriction which is already created by the dripped kerb.

https://www.legislation.gov.uk/ukpga/2004/18/section/86

TooManyPoints

In most of the country it's illegal to park across a dropped kerb, lines or no lines.

I believe that section of the Traffic Management Act applies only to London.

billy2shots

The OPs description of what happened is hard to imagine.

How can a car block 50% of your drive and you not see it before you even get into your car?

The size of the bush is pretty much irrelevant. Either there was enough room to pass or not. 

If there was not enough room, why try?

If there was enough room, maybe think about further driving tuition to improve your ability. 

Sorry if that sounds harsh but the example of the nun has been used. Substitute that for a young child and it's frightening what your lack of awareness could cause. 

Again this is going to sound harsh, stop waffling on about % of driveway blocked and bush size. Take full responsibility for the incident and move on. 

Grey_Critic

The rights and wrongs are immaterial - people will park where they want, the fact they are blocking a drive or preventing an Emergency vehicle from getting through is of no concern to some.

Yesterday walking down to an event a delivery vehicle ignored a road closed sign and the driver got in a huff because he could not get through. I think we call such people *The Entitled or is it Pr*ts* Either way life is short enough as it is without getting worked up.

As for putting in lines of any colour *The Entitled* will still please themselves.

lisyloo

TheJP said:

shiraz99 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'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.

Id prefer people didn't have 50% of their car hanging over public road and in the way of a driveway. Its not hard to park a car in a way its not obstructing someone else's drive. 

Of course we all would.
however their lack of consideration doesn’t mean it’s ok to drive/crash into it, the same as if it was a person that was rightly or wrongly in your way,

the bush thing is hard to understand,
You shouldn’t be driving heavy machinery anywhere that you cannot see to be clear.
either you go and have a look yourself or you get someone else to Marshall you out.
parking the other way round May help, but you still shouldn’t be driving anywhere that you can’t see to be clear.

I’m pretty sure you are liable and their inconsideration parking whilst infuriating does not mitigate you crashing into a stationary vehicle.

sheramber

TooManyPoints said:

In most of the country it's illegal to park across a dropped kerb, lines or no lines.

I believe that section of the Traffic Management Act applies only to London.

The prohibition in this section is enforceable as if imposed—

(a)in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),

(b)elsewhere in England and Wales, by an order under section 1 of that Act.

born_again

TheJP said:

shiraz99 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'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.

Id prefer people didn't have 50% of their car hanging over public road and in the way of a driveway. Its not hard to park a car in a way its not obstructing someone else's drive. 

No offence. But have you actual spoken to the driver? Since you said they often do this & asked them to leave the drive clear so you can get out. As well as the neighbour to trim the hedge bak so as not to obstruct the view?

But best answer is as someone else pointed out. Is to reverse into drive & drive out. 

Still struggling to understand how far the hedge is over the drive if you hit a car that is parked 50% over the drive?

Aretnap

TooManyPoints said:

In most of the country it's illegal to park across a dropped kerb, lines or no lines.

I believe that section of the Traffic Management Act applies only to London.

It applies in any special enforcement area. Any council inside or outside London which has civil parking enforcement can designate itself as a special enforcement area.

https://www.legislation.gov.uk/ukpga/2004/18/schedule/10

I've never found a comprehensive list of designated special enforcement areas, but my understanding is that most councils with CPE have also designated themselves as special enforcement areas. Its not as if there are many councils who see the sacred right of drivers to block driveways and wheelchair access as a crucial liberty that must be preserved...