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structure on yellow lines
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- Lemon Quarter
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structure on yellow lines
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?
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?
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- The full Lemon
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Re: structure on yellow lines
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.
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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- Lemon Quarter
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- Lemon Quarter
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Re: structure on yellow lines
johnhemming wrote:Often it is worth looking for compromises in these situations.
That is my intention (I'm the driver)
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- Lemon Quarter
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Re: structure on yellow lines
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
Gryff
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- Lemon Half
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Re: structure on yellow lines
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.
Scott.
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- Lemon Quarter
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Re: structure on yellow lines
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.
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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- Lemon Slice
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Re: structure on yellow lines
Will the owner of the illegal structure want to bring attention to that illegal structure by taking any action?
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- Lemon Quarter
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Re: structure on yellow lines
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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