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

Brie

Sorry if I've missed it but is it your hedge, your neighbour's or the council's?  Which ever it is someone is responsible for keeping it trimmed.  If it's not yours but it's over your drive you are still within your rights to trim it within reason.  

Our road has a hedge between the pavement and road, as well as some very large trees.  I have notified the council today that the hedges need to be trimmed as I can't see in either direction when exiting my drive (FYI - I always back in).  Now I could trim the council hedge and have done so previous years but portions of it pop up a good foot higher in a couple of weeks so it's an ongoing task.   

Car_54

TheJP said:

billy2shots said:

Can we all move on from the hedge please. 

The hedge is just deflection to justify hitting someone's car. 
Unless the op had to drive through the hedge making it act like a big theatre curtain slowly peeling back to reveal what's on the other side, the the hedge is irrelevant. 

The 50% blocking of drive is another red herring. The OP obviously had enough room to get his car out or they wouldn't have attempted to. The only alternative to that is they knew they couldn't get out and crashed on purpose. 

The OP ran out of skill or luck and caused damage to someone's property. 

Blocked driveways and hedges are being used to offset responsibility which is getting more common in today's world. 

That's a pretty wide accusation to throw out, why would i want to intentionally hit a car? If you have read my other posts you can see I've accepted responsibility. I can understand why its hard to visualise the drive but the way the car was parked and the angle of my drive and with the bush meant it was hard to see as i was reversing. Yes a bit of lack of concentration due to reversing out of the drive hundreds of times and not expecting a car parked in that way. Lesson learned.

Ive moved on.

Highway  Code Rule 201:
"Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can."

TooManyPoints

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. 

Thanks for that (and to sheramber at 12:41 yesterday). I didn’t read to the end of Schedule 10. This is rule number one when trying to interpret statutes. Rule number 2 reads "see rule number 1".  

TheJP

[Deleted User] said:

TheJP said:

billy2shots said:

Can we all move on from the hedge please. 

The hedge is just deflection to justify hitting someone's car. 
Unless the op had to drive through the hedge making it act like a big theatre curtain slowly peeling back to reveal what's on the other side, the the hedge is irrelevant. 

The 50% blocking of drive is another red herring. The OP obviously had enough room to get his car out or they wouldn't have attempted to. The only alternative to that is they knew they couldn't get out and crashed on purpose. 

The OP ran out of skill or luck and caused damage to someone's property. 

Blocked driveways and hedges are being used to offset responsibility which is getting more common in today's world. 

That's a pretty wide accusation to throw out, why would i want to intentionally hit a car? If you have read my other posts you can see I've accepted responsibility. I can understand why its hard to visualise the drive but the way the car was parked and the angle of my drive and with the bush meant it was hard to see as i was reversing. Yes a bit of lack of concentration due to reversing out of the drive hundreds of times and not expecting a car parked in that way. Lesson learned.

Ive moved on.

Highway  Code Rule 201:
"Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can."

Its a cul-de-sac not a main road.

Car_54

TheJP said:

[Deleted User] said:

TheJP said:

billy2shots said:

Can we all move on from the hedge please. 

The hedge is just deflection to justify hitting someone's car. 
Unless the op had to drive through the hedge making it act like a big theatre curtain slowly peeling back to reveal what's on the other side, the the hedge is irrelevant. 

The 50% blocking of drive is another red herring. The OP obviously had enough room to get his car out or they wouldn't have attempted to. The only alternative to that is they knew they couldn't get out and crashed on purpose. 

The OP ran out of skill or luck and caused damage to someone's property. 

Blocked driveways and hedges are being used to offset responsibility which is getting more common in today's world. 

That's a pretty wide accusation to throw out, why would i want to intentionally hit a car? If you have read my other posts you can see I've accepted responsibility. I can understand why its hard to visualise the drive but the way the car was parked and the angle of my drive and with the bush meant it was hard to see as i was reversing. Yes a bit of lack of concentration due to reversing out of the drive hundreds of times and not expecting a car parked in that way. Lesson learned.

Ive moved on.

Highway  Code Rule 201:
"Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can."

Its a cul-de-sac not a main road.

The relevant part is the second sentence. "When using a driveway, reverse in and drive out if you can."

ontheroad1970

TheJP said:

Car_54 said:

TheJP said:

billy2shots said:

Can we all move on from the hedge please. 

The hedge is just deflection to justify hitting someone's car. 
Unless the op had to drive through the hedge making it act like a big theatre curtain slowly peeling back to reveal what's on the other side, the the hedge is irrelevant. 

The 50% blocking of drive is another red herring. The OP obviously had enough room to get his car out or they wouldn't have attempted to. The only alternative to that is they knew they couldn't get out and crashed on purpose. 

The OP ran out of skill or luck and caused damage to someone's property. 

Blocked driveways and hedges are being used to offset responsibility which is getting more common in today's world. 

That's a pretty wide accusation to throw out, why would i want to intentionally hit a car? If you have read my other posts you can see I've accepted responsibility. I can understand why its hard to visualise the drive but the way the car was parked and the angle of my drive and with the bush meant it was hard to see as i was reversing. Yes a bit of lack of concentration due to reversing out of the drive hundreds of times and not expecting a car parked in that way. Lesson learned.

Ive moved on.

Highway  Code Rule 201:
"Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can."

Its a cul-de-sac not a main road.

I rather suspect it's more main road than your drive.  The point is to never reverse from a minor road on to a major road

TheJP

[Deleted User] said:

TheJP said:

[Deleted User] said:

TheJP said:

billy2shots said:

Can we all move on from the hedge please. 

The hedge is just deflection to justify hitting someone's car. 
Unless the op had to drive through the hedge making it act like a big theatre curtain slowly peeling back to reveal what's on the other side, the the hedge is irrelevant. 

The 50% blocking of drive is another red herring. The OP obviously had enough room to get his car out or they wouldn't have attempted to. The only alternative to that is they knew they couldn't get out and crashed on purpose. 

The OP ran out of skill or luck and caused damage to someone's property. 

Blocked driveways and hedges are being used to offset responsibility which is getting more common in today's world. 

That's a pretty wide accusation to throw out, why would i want to intentionally hit a car? If you have read my other posts you can see I've accepted responsibility. I can understand why its hard to visualise the drive but the way the car was parked and the angle of my drive and with the bush meant it was hard to see as i was reversing. Yes a bit of lack of concentration due to reversing out of the drive hundreds of times and not expecting a car parked in that way. Lesson learned.

Ive moved on.

Highway  Code Rule 201:
"Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can."

Its a cul-de-sac not a main road.

The relevant part is the second sentence. "When using a driveway, reverse in and drive out if you can."

So what you are saying is no one in the UK can reverse out of their drive. 

TheJP

ontheroad1970 said:

TheJP said:

Car_54 said:

TheJP said:

billy2shots said:

Can we all move on from the hedge please. 

The hedge is just deflection to justify hitting someone's car. 
Unless the op had to drive through the hedge making it act like a big theatre curtain slowly peeling back to reveal what's on the other side, the the hedge is irrelevant. 

The 50% blocking of drive is another red herring. The OP obviously had enough room to get his car out or they wouldn't have attempted to. The only alternative to that is they knew they couldn't get out and crashed on purpose. 

The OP ran out of skill or luck and caused damage to someone's property. 

Blocked driveways and hedges are being used to offset responsibility which is getting more common in today's world. 

That's a pretty wide accusation to throw out, why would i want to intentionally hit a car? If you have read my other posts you can see I've accepted responsibility. I can understand why its hard to visualise the drive but the way the car was parked and the angle of my drive and with the bush meant it was hard to see as i was reversing. Yes a bit of lack of concentration due to reversing out of the drive hundreds of times and not expecting a car parked in that way. Lesson learned.

Ive moved on.

Highway  Code Rule 201:
"Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can."

Its a cul-de-sac not a main road.

I rather suspect it's more main road than your drive.  The point is to never reverse from a minor road on to a major road

It’s a cul-de-sac within a minor road in which that road is in a minor road. I know what a main road is and what you shouldn’t reverse out into. 

ontheroad1970

TheJP said:

ontheroad1970 said:

TheJP said:

Car_54 said:

TheJP said:

billy2shots said:

Can we all move on from the hedge please. 

The hedge is just deflection to justify hitting someone's car. 
Unless the op had to drive through the hedge making it act like a big theatre curtain slowly peeling back to reveal what's on the other side, the the hedge is irrelevant. 

The 50% blocking of drive is another red herring. The OP obviously had enough room to get his car out or they wouldn't have attempted to. The only alternative to that is they knew they couldn't get out and crashed on purpose. 

The OP ran out of skill or luck and caused damage to someone's property. 

Blocked driveways and hedges are being used to offset responsibility which is getting more common in today's world. 

That's a pretty wide accusation to throw out, why would i want to intentionally hit a car? If you have read my other posts you can see I've accepted responsibility. I can understand why its hard to visualise the drive but the way the car was parked and the angle of my drive and with the bush meant it was hard to see as i was reversing. Yes a bit of lack of concentration due to reversing out of the drive hundreds of times and not expecting a car parked in that way. Lesson learned.

Ive moved on.

Highway  Code Rule 201:
"Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can."

Its a cul-de-sac not a main road.

I rather suspect it's more main road than your drive.  The point is to never reverse from a minor road on to a major road

It’s a cul-de-sac within a minor road in which that road is in a minor road. I know what a main road is and what you shouldn’t reverse out into. 

The point is that you should not reverse into a more major thoroughfare than the one you come from.  So why do you reverse out on to the road from your drive when the HC clearly states that you should not do so?  If you had driven forwards out, I doubt the incident would have occurred, you would have had better visibility.  This is the reason I always reverse into parking bays.  Visibility is alway better when driving forwards.

born_again

[Deleted User] said:

TheJP said:

[Deleted User] said:

TheJP said:

billy2shots said:

Can we all move on from the hedge please. 

The hedge is just deflection to justify hitting someone's car. 
Unless the op had to drive through the hedge making it act like a big theatre curtain slowly peeling back to reveal what's on the other side, the the hedge is irrelevant. 

The 50% blocking of drive is another red herring. The OP obviously had enough room to get his car out or they wouldn't have attempted to. The only alternative to that is they knew they couldn't get out and crashed on purpose. 

The OP ran out of skill or luck and caused damage to someone's property. 

Blocked driveways and hedges are being used to offset responsibility which is getting more common in today's world. 

That's a pretty wide accusation to throw out, why would i want to intentionally hit a car? If you have read my other posts you can see I've accepted responsibility. I can understand why its hard to visualise the drive but the way the car was parked and the angle of my drive and with the bush meant it was hard to see as i was reversing. Yes a bit of lack of concentration due to reversing out of the drive hundreds of times and not expecting a car parked in that way. Lesson learned.

Ive moved on.

Highway  Code Rule 201:
"Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can."

Its a cul-de-sac not a main road.

The relevant part is the second sentence. "When using a driveway, reverse in and drive out if you can."

But no "MUST NOT"