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structure on yellow lines

including wills and probate
bruncher
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structure on yellow lines

#343153

Postby bruncher » September 27th, 2020, 10:46 am

A pub has built a bin store across the road from the entrance. Some of the structure sits on a double yellow line and the rest on a single yellow.

A vehicle reverses into the structure (the part over the double yellow) and causes damage.

If the structure is there illegally, is the driver still liable to pay for the damage?

UncleEbenezer
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Re: structure on yellow lines

#343193

Postby UncleEbenezer » September 27th, 2020, 1:09 pm

Thought experiment. A car is parked illegally, perhaps causing serious problems and dangers[1,2]. What can you do to it without an expectation of liability?

I hope you wouldn't expect a car's special privileges not to extend to a bin store.

If the bin store has no right to be there and is causing a problem, I expect you could apply to a court for an order to remove it. Unlike a parked car nuisance, which tends to spring right back again if once removed.

[1] Like all those whose blocking the pavement kept my late neighbour - who moved slowly on two sticks and wasn't safe to go out in the road to get round them - a prisoner in her own flat.
[2] Or even the cars blocking a fire engine's access to the fire on an emergency call.

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Re: structure on yellow lines

#343197

Postby johnhemming » September 27th, 2020, 1:33 pm

Often it is worth looking for compromises in these situations.

bruncher
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Re: structure on yellow lines

#343212

Postby bruncher » September 27th, 2020, 3:58 pm

johnhemming wrote:Often it is worth looking for compromises in these situations.

That is my intention (I'm the driver)

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Re: structure on yellow lines

#343245

Postby gryffron » September 27th, 2020, 5:58 pm

I think you can safely ignore the yellow lines, since they only apply to vehicles. However an illegal structure constructed on a public road is still a relevant issue. I assume this is a public road and not part of their car park?

Gryff

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Re: structure on yellow lines

#343253

Postby swill453 » September 27th, 2020, 6:20 pm

If it's there illegally for whatever reason, the "punishment" for that transgression would the that handed down ultimately by the court. It would not be to be physically damaged be a random careless driver.

Scott.

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Re: structure on yellow lines

#343367

Postby chas49 » September 28th, 2020, 9:25 am

What if a property owner had built an extension on the back,right up to the edge of their property, next to a public road. A driver accidentally causes damage to the conservatory whilst legally manouevering on the road. Does the lack of planning permission mean s/he isn't liable for the damage? It seems highly unlikely to me that that would be the case.

If a car is parked on the double yellows, and you reverse into it, do you get away scot-free?

I don't see that the illegality of the damaged item being there affects your liability (or otherwise) for damaging it. In some cases, it might affect the amount of damages if it was possible to show that the owner of the object had put it there negligently. I doubt your insurers will want to bother pursuing that angle though.

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Re: structure on yellow lines

#343599

Postby elkay » September 28th, 2020, 9:54 pm

Will the owner of the illegal structure want to bring attention to that illegal structure by taking any action?

bruncher
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Re: structure on yellow lines

#351164

Postby bruncher » October 27th, 2020, 9:08 pm

This had a happy ending. I offered to pay for repairs and my offer was accepted. Cash handed over, end of story (unless there's a twist to come).


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