A tricky one..any help appreciated

[littledotty27]

My husbands classic car has just been collected from a secure unit ready for its mot tomorrow.

Whilst driving the short journey home,the wheel flew off & damaged a pub A-board which is on the pavement.

 

The landlord of the pub has become very stroppy & wants his A-board replacing.

Not asking if OH was ok & more bothered about his sign.

What are the laws on something like this?

Any help appreciated.

[Michael Browne]

Isn't that what insurance is for?

[Conniff]

I think it might depend on the council bylaws, but not sure. Whatever happens, make certain he does not get a better A board than he had before.

[DBC]

I think it might depend on the council bylaws, but not sure. Whatever happens, make certain he does not get a better A board than he had before.

 

Yes, Some councils ban the use of A-boards on pavements. If this is the case then the publican is on dodgy ground in trying to claim for a replacement.

[green_and_mean]

My husbands classic car has just been collected from a secure unit ready for its mot tomorrow.

Whilst driving the short journey home,the wheel flew off

What are the laws on something like this?

Any help appreciated.

 

I don't think it will pass its MOT with a wheel missing!

[littledotty27]

Thanks for all the advice,it was the fact that he was more bothered about his board than anything else.Someone could of been hurt if they had been passing. If it had been an old dear driving the car it would of probably been a different story.

Will check with my local council on monday.

[TheBogsDollocks]

London Borough of Bromley | Pub fined for pavement obstruction

[Jamberson]

Why don't you replace his sign? You damaged it. You owe him a new sign.

[Conniff]

Why don't you replace his sign? You damaged it. You owe him a new sign.

 

 

Why should she if it was placed illegally. Of course if it was allowed then I'm sure she will.

[Al27]

If you want to replace it, ask him to provide 3 quotes and agree to pay the cheapest. That is how insurance companies work things.

 

If he refuses to co-operate then that is his loss.

[green_and_mean]

Why should she if it was placed illegally. Of course if it was allowed then I'm sure she will.

 

So if you parked in a resident bay without a permit and I reversed into you I wouldn't have to pay for repairs???

[Bernie_the_Bolt]

Why don't you replace his sign? You damaged it. You owe him a new sign.

 

Not necessarily so, the responsibility (if there is one) is of indemnity. If the sign was old and skanky then it is an old and skanky sign that may be due not a new one. There is no obligation to provide betterment.

[Jamberson]

I agree in principle Bernie. My point really is that I despair at the way people are inclined to seek out legal technicalities to side-step right and wrong.

 

The landlord of the pub is now short of his sign, possibly presented with a legal defence against payment for the damage, and will possibly even presented with a formal instruction from the Council not to put a replacement up at all. He has done nothing at all to the OP.

[littledotty27]

Why don't you replace his sign? You damaged it. You owe him a new sign.

An accident is an accident at the end of the day which can't be helped & thankfully no-one got hurt.

My husband did offer to have a new sign made but he wouldn't accept it.

Went back to the pub later in the evening,where the pub landlord admitted he did not have a licence to have the board there,an agreement has been arranged after admitting he was out of order for complaining about his sign,as someone could of been seriously injured.

[Conniff]

This shows that things are not always as they appear and are not just cut and shut.

I'm glad you have settled this amicably.

[Bernie_the_Bolt]

I agree in principle Bernie. My point really is that I despair at the way people are inclined to seek out legal technicalities to side-step right and wrong.

 

The landlord of the pub is now short of his sign, possibly presented with a legal defence against payment for the damage, and will possibly even presented with a formal instruction from the Council not to put a replacement up at all. He has done nothing at all to the OP.

 

But people are entitled to a defence, even if this only amounts to an adjustment for contributory negligence. The landlord may have done nothing to the OP but they may have contributed to their own loss.

 

What if a blind person had tripped over the (allegedly) unlawfully placed sign and been injured?

[green_and_mean]

What if a blind person had tripped over the (allegedly) unlawfully placed sign and been injured?

 

Whilst I appreciate the sentiment but why would a blind person walk into it? They don't walk into trees, litter bins, letter boxes or any other street furniture.

[sailor sam]

Whilst I appreciate the sentiment but why would a blind person walk into it? They don't walk into trees, litter bins, letter boxes or any other street furniture.

 

Most blind people adapt to their area and will know where trees, litter bins, letter boxes and any other FIXED street furniture are. 'A' Boards tend not to be placed in the exact same position. We have a bar in our area which has about 4 'A' boards on the pavement outside so its a bit like negotiating a slalom course when walking past!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[tenants Super]

Hi,

 

Newbie here.....you could try contacting your local council office to see what the state of play is with the A board.

 

I will come back to you to see what the law says about these boards shortly.

 

Unfortunately your wheel was at fault here something that should have been checked before departure...but some things are unforeseen.

 

Offer to buy him a replacement board...but you will get quotes first.

 

Yes, unfortunately some people are like that nowadays, have no respect for anybody but themselves and more worried about what happens to them. Do not expect people to be sympathetic anymore either ...also think yourself lucky that it was an A board you damaged and not anything else.

 

Glad to see that it all ended happily!

[asmodeus]

As it was the wheel that caused the damage perhaps he should sue the wheel

 

A board incorrectly parked obstructing the public footway

 

Act of God ?

 

Or is the garage that did the MOT to blame for incorrect fitting of the wheel ?

[Conniff]

They don't and are not allowed to remove parts during an MoT so nothing to do with the test center.

[crem]

My husbands classic car has just been collected from a secure unit ready for its mot tomorrow.

 

It hadn't yet had it's MOT. so defo nothing to do with the test centre.

[Mossycat]

Whether the A board was legal or not is not salient, the fact is the OP caused damage to property belonging to another, and therefore is liable for putting them back in the position they were in prior to the incident.

 

As has already been pointed out, that does NOT mean they can have a brand new board if the old one was in a poor condition, however trying to replace a used A board with another in similar condition might be difficult.

 

I'd suggest (as a quick compromise) finding out how much a new A board costs and then offering 50% of that in cash to the landlord on the basis that it wasn't a brand new A board that was damaged.

 

If it went as far as Court (which I doubt) then the OP could show they had tried to reach a sensible settlement.

 

Mossy

[Mossycat]

It hadn't yet had it's MOT. so defo nothing to do with the test centre.

 

I was under the impression that you could only drive a car on the road to a pre-arranged MOT test centre if it did not already have a current MOT when it was collected from the secure storage unit.

 

Mossy

[Bernie_the_Bolt]

I was under the impression that you could only drive a car on the road to a pre-arranged MOT test centre if it did not already have a current MOT when it was collected from the secure storage unit.

 

Mossy

 

Absolutely correct but there is no indication that the car did not have a current MOT.