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Thread: unnecessary obstruction? (Scottish law)

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    Default unnecessary obstruction? (Scottish law)

    A regular visitor to our neighbour always park their vehicle directly opposite my driveway making access very difficult for me.
    This afternoon the inevitable happened and I damaged his car door when reversing my car out of my driveway.
    Am I responsible for the damage or can I claim it was his fault for causing an unnecessary obstruction?

    Dave

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    Ex-Staff Full Member John LE's Avatar
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    TBH I think you should have asked him to move the car first. You knew it was causing an obstruction but proceeded anyway.

    If he kept parking there, call the police....he'll soon get the message not to park there

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    Regular Member rjw's Avatar
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    Yes you probably are liable for damage caused, unless road markings or signs show other wise he is perfectly legally permitted to park there. If you knew who's vehicle it is, then you should of knocked on the door and politely asked him to let you out if there wasn't any space for you to maneuver

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    Im sure ive heard that by causing an accident by reversing on to the carriageway you could be charged with careless driving too. I doubt you've a leg to stand on.

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    bummer, i have somebody that does that to me all the time and i have to get very close to them to get out.. I always empty my nostrils out while I am alongside it though if you catch me drift, but they still park there..
    My old Signum, the animal; she now rests in pieces in several other members cars.. https://www.vectra-c.com/forum/garag...vehicle&id=200
    The wifes vec show car, started as a standard daily driver and ended up like this. https://www.vectra-c.com/forum/garag...vehicle&id=709



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    VIP-Member Johnsdutton's Avatar
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    It is an offence to reverse onto a roadway from a driveway or private yard. Sorry mate but you are in the wrong. If his car is taxed and M.O.T'd as long as there are no parking restrictions in force, he can park wherever he likes. I don't think parking opposite your driveway would come under obstructing your access/egress unless it was a single lane road.
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    Full Member Caveman_nige's Avatar
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    Quote Originally Posted by Johnsdutton View Post
    It is an offence to reverse onto a roadway from a driveway or private yard.
    Are you sure on that?

    http://www.direct.gov.uk/en/TravelAn...code/DG_070340

    Section 201 says, reverse in and drive out of your driveway 'if you can'
    My old Signum, the animal; she now rests in pieces in several other members cars.. https://www.vectra-c.com/forum/garag...vehicle&id=200
    The wifes vec show car, started as a standard daily driver and ended up like this. https://www.vectra-c.com/forum/garag...vehicle&id=709



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    Full Member GazVXLINE170's Avatar
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    Quote Originally Posted by Johnsdutton View Post
    It is an offence to reverse onto a roadway from a driveway or private yard

    Not 100% but are you sure John? I'm not sure but if you're correct I would say 90% of people with driveways are committing this offence. Personally I always reverse into the driveway as I can't be arsed with the sort of hassle the OP is describing. Sorry OP I know you don't need another one to tell you m8 - annoying as it is but I don't think the law would side with you unless parking restrictions exist.
    Insignia VX-Line Nav CDTI 170.

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    VIP-Member Johnsdutton's Avatar
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    200

    Choose an appropriate place to manoeuvre. If you need to turn your vehicle around, wait until you find a safe place. Try not to reverse or turn round in a busy road; find a quiet side road or drive round a block of side streets.
    201

    Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can.
    Point taken Nige, I was always taught that it was an offence to reverse onto a roadway, which would cover that scenario.
    Gaz I know what you are saying. My son is police I will check with him and get back to you.
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    Quote Originally Posted by DaveG View Post
    A regular visitor to our neighbour always park their vehicle directly opposite my driveway making access very difficult for me.
    This afternoon the inevitable happened and I damaged his car door when reversing my car out of my driveway.
    Am I responsible for the damage or can I claim it was his fault for causing an unnecessary obstruction?

    Dave

    that is hilarious.

    even if there was double yellow lines where he parked he would not be to blame as his car was not moving- yours was and you hit his car- not the other way round.

    even if he parked across your drive you would not have a leg to stand on legally, once you've hit his car. even if a car causes a genuine obstruction- you have no defence for damaging it, also only the police and their sub-contractors have authority to move said vehicle IIRC.

    still hilarious

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