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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70181
Experience:  Over 5 years in practice.
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It was dark I was parking my car and in the right position

Resolved Question:

It was dark I was parking my car and in the right position ie with the flow of traffic. It was dark and I hit my neighbour's car which was parked against the flow of traffic. Am I liable for any damage caused? My car is more dented than his but the repair is costing £200. I was virtually stationery when I hit his passenger door and reversed and parked further down the road. This is the first time I have had this problem and I believe he was parked illegally - I have offered to pay for any damage to his car/
Submitted: 1 year ago.
Category: Traffic Law
Customer: replied 1 year ago.
The £200 repair bill is for my car being re-sprayed. I am fully insured but as I do not wish to lose my no claims of 10+ years am paying for repairs myself as I do not think his car will be any more than the excess on my fully comprehensive insurance cover.
Customer: replied 1 year ago.
My question is am I legally liable for damage caused to his car as he was illegally parked? I have offered and arranged 2 visits to my local car body shop to get a quote and book in to repair his car which is marked slightly on rear passenger door but he has missed the appointments both times! He has decided now that he wants to go through insurance claim as he states 'it would be easier'. The parking incident happened 2 months ago!! Please advise what the situation is as soon as possible. Thank you.
Expert:  Jo C. replied 1 year ago.
What was illegal about his parking?
Customer: replied 1 year ago.
He was parked against the flow of traffic. R239 and R248 state that it is illegal to do so.
Customer: replied 1 year ago.
R239 - Do not park against flow of traffic.
R248 - You MUST NOT park on a road at night against the direction of the traffic flow unless in a recognised parking space.
Taken from the Highway Code Regulations and Law.
(Reflector lights at the rear of the vehicle cannot be seen by traffic and you must have travelled on the wrong side of the road to have parked your car the wrong way!)
Expert:  Jo C. replied 1 year ago.
Thanks. I am sorry but you are liable. Come what may, you were moving and he was stationary. It does offend against the highway code to park contrary to the flow of traffic but the highway code is not law. It is merely advisory although parts of it are a summary of the legal position. There is no offence in parking contrary to the flow of traffic. There are challenges that can be brought if a vehicle is parked in a way that amounts to 'dangerous parking'. This does not. Parking against the flow of traffic is not dangerous parking. Parking across a level crossing is dangerous parking. Sorry but I'm afraid that he will succeed in court if this reaches that point. Can I clarify anything for you? Jo
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Customer: replied 1 year ago.
Why then can the police fine you if you are parked against the flow of traffic - I don't understand?
Expert:  Jo C. replied 1 year ago.
The police don't fine for that offence.Unless it offends against something else.Even if it were an offence, that does nothing about the fact that you were moving and he was stationary.It is not a defence to say that he was engaged in illegality.

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