My husbandreversed out of a parking bay at an Esso Petrol station after checking it was safe to do so. A car had been stationary when he checked but started to advance towards him while he was reversing. Hefailed to notice that the other car was now coming towards him because he had his head turned. The insuranceis adamant that he has sole liability for the accident because he was reversing. They said the ’onus of care’ is on the reversing driver and therefore he is liable for the accident. He reversedbecause the other car was NOT moving and surely cannot be held responsible foran accident, simply based on the direction the car was moving! Could youplease advise how we can achieve a 50/50 liability or if the other party is infact liable. Is there any point in requesting CCTV footage from the petrol station to show what really happened? Hope someone knows how to proceed. many thanks for your feedback

to summarize for the avoidance of confusion, do you agreethat: the Hackney Estate is considered private land yet the Coucil has the authority to enforce parking restrictions PROVIDED THE ROAD HAS BEEN LISTED IN THE TRAFFIC ORDER UNDER RTRA 1984 Seciont 32 1(a). Am I correct in thinking that signage is irrelavant since the road/highway restrictions are outlined in the TMO? Need to make a decision whether to pay up now based on the legality of the PCN

and how would I do that? are streets that are recognised as such listed anywhere?

Off street parking orders created under section 32 of the 1984 RTRA are enforceable under the TMA. '32 Power of local authorities to provide parking places.E+W+S (1)Where for the purpose of relieving or preventing congestion of traffic it appears to a local authority to be necessary to provide within their area suitable parking places for vehicles, the local authority, subject to Parts I to III of Schedule 9 to this Act— (a)may provide off-street parking places (whether above or below ground and whether or not consisting of or including buildings) together with means of entrance to and egress from them, Please take a look at my attachment PCN Hackney 1 (attached to my orignal post) which shows that the parking was on a street not off-street. unless of course this location can be considered off-street parking according to RTRA 1984 section 32 (1) (a) ?? Do I need to get hold of Hackney's TMO to prove that the location was not specified as off-street parking?????????? Please clarify - I am getting confused

It has been suggested that 'the law regarding decriminalised parking is concerned infringements on private land may not be enforced by "serving" penalty charge notices (PCN) under the guise of the Traffic Management Act ' I would appreciate your input as to whether this sign is within the scope of the Traffic Management Act and can therfore be enforced. My 14 day are up tomorrow and I would appreciate your feedback.

This document doe not show me where the signs must be. Is there any other way to prove that the road was not a private car park so that we can use the invalid bay marking argument?

Thank you all for your efforts. I have been looking for the TMO online, but only found one relating to roadworks. Does anyone hae a tip on how to find the TMO so that we can check the signs are placed as outlined in the TMO? Thanks PYA

My son received a PCN from Hackney Council for Parking in a permit bay without clearly displaying a valid permit. We challenged the PCN because the parking bays did not comply with the Traffic Signs Manual diagram 1032 or 1028.4 Hackney’s response was : the several Acts you have mentioned would have been applicable for on-street parking contraventions if the highlighted points were valid, however this contravention had occurred whilst the vehicle was parked on off-street estate parking bay and in what is essentially private land / property of Hackney. The contravention is valid and supported by the Traffic Management Order, additionally we have no report to suggest it is incorrect. I have requested the TMO for the area so we can check TMO against the location. I am however cencerend that we will run out of time as they have given us 14 days from the date of thier response. The car was parked on a street that did not have any barriers etc to restrict access or any signage to prohibit parking and I was very surpirsed to find out that it is a PRIVATE street. Does anyone how we should proceed? Can we insisit that parking was on a street and therefore Traffic Regulations are valid and bays should have been signed as required by the Traffic Signs Manual Hackney response 1 .pdf PCN Hackney 1.pdf google maps Buttermere walk.pdf