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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Parking on double yellows and scratched car?

73 replies

Anonpost789 · 26/07/2023 16:16

Asking on behalf of my neighbour. There are double yellow lines near her house and one of the businesses park all their cars there (Honda) she was walking home yesterday and her son fell off his bike and it hit the car.

Had the car not have been parked illegally then he would have not hit the car and fallen on the pavement. The business is saying she has to pay for the damage as its her sons fault, she is saying if the car wasn't parked there wouldn't have been a problem.

Who is being unreasonable?

OP posts:
JeandeServiette · 26/07/2023 16:17

Let them go through insurance.

greenteaandmarshmallows · 26/07/2023 16:18

I'd let it go through insurance too

Is her son a child?

UndercoverCop · 26/07/2023 16:18

The company are being unreasonable, children aren't insured and they were parked illegally.

UndercoverCop · 26/07/2023 16:19

FWIW a family member had her car badly damaged by someone on a mobility scooter who crashed into it whilst it was parked, she had to go through her own car insurance

Justcallmebebes · 26/07/2023 16:19

Legally, it's immaterial whether the car was parked illegally or not. The person who scratched the bike is liable

Tothemoonandbackx · 26/07/2023 16:19

I'd say let them try, doubt they'd want to admit they were parked illegally.

PickoftheMix · 26/07/2023 16:19

Whilst I agree with your principle about being parked on yellow lines, two wrongs don't a right so unfortunately they are right and the bike rider is at fault so needs to pay.

Original poster
Anonpost789 · 26/07/2023 16:19

Yes her son is 6 years old

OP posts:
Gilmorehill · 26/07/2023 16:20

I’d love to know how they plan on getting the money off a child for this. Do they park their on a daily basis? I’d be taking photos every day and sending to the council.

kitsuneghost · 26/07/2023 16:20

Tell them to go through insurance. they were hit by an uninsured cyclist.

Blossomtoes · 26/07/2023 16:22

Justcallmebebes · 26/07/2023 16:19

Legally, it's immaterial whether the car was parked illegally or not. The person who scratched the bike is liable

This. The yellow lines are completely irrelevant.

Original poster
Anonpost789 · 26/07/2023 16:22

Gilmorehill · 26/07/2023 16:20

I’d love to know how they plan on getting the money off a child for this. Do they park their on a daily basis? I’d be taking photos every day and sending to the council.

Every single day! It has been an issue for the past two years. They block the drop curb for pedestrians crossing, it's hard for pushchairs mobility scooters etc

OP posts:
Bromptotoo · 26/07/2023 16:24

Your son did the damage I don't see how the fact that the car was on double yellows is material. If you've got insurance for this sort of liability it should pay but excess might be high.

greenteaandmarshmallows · 26/07/2023 16:25

Anonpost789 · 26/07/2023 16:19

Yes her son is 6 years old

Well. I'd be going to the local papers with that if they don't back down. Local company tries to get money out of a 6 year old for crashing into an illegally parked car

IhearyouClemFandango · 26/07/2023 16:25

They need to claim on their insurance

FixTheBone · 26/07/2023 16:25

If you were driving the driver almost certainly would be at fault still (possibly minus a small percentage of the parking was significantly contributory)... Unclear if this extends to other road / pavement users.

From a practical point of view, if your neighbour refused to pay, they would have to sue the child for damages (provided they were old enough to be held responsible) or possibly the parent on the basis that they were negligent by virtue of not supervising a child who was not responsible enough to be sued themselves. A court is pretty unlikely to entertain that as being worthwhile unless it's a large sum of money. They could maybe try to make a claim through small claims court, but it hardly seems worth it.

Original poster
Anonpost789 · 26/07/2023 16:26

Bromptotoo · 26/07/2023 16:24

Your son did the damage I don't see how the fact that the car was on double yellows is material. If you've got insurance for this sort of liability it should pay but excess might be high.

Not my son btw

OP posts:
DinnaeFashYersel · 26/07/2023 16:26

They need to claim on their insurance.

Report the cats to the council and they might send traffic wardens.

2 separate issues.

Original poster
Anonpost789 · 26/07/2023 16:27

There has been numerous occasions where they have nearly hit children (as its the path for a school) I told her I don't know how far they can take it I don't drive so I don't know any rules etc

OP posts:
Dixiechickonhols · 26/07/2023 16:28

I’d not entertain it. He’s 6 and it was an accident. Tell them to claim
on their insurance.
I’d report parking regularly to council. That sort of easy pickings ticketing usually is worth a trip for the parking inspector.

FixTheBone · 26/07/2023 16:28

DinnaeFashYersel · 26/07/2023 16:26

They need to claim on their insurance.

Report the cats to the council and they might send traffic wardens.

2 separate issues.

Very much.separate issues....

Where the hell did the cats appear from!?

mum11970 · 26/07/2023 16:29

PickoftheMix · 26/07/2023 16:19

Whilst I agree with your principle about being parked on yellow lines, two wrongs don't a right so unfortunately they are right and the bike rider is at fault so needs to pay.

This. Whether the car was parked on double yellows or not makes no difference it is the cyclists fault.
Cycling on the pavement is also illegal. Children under 10 are below the age of criminal liability and it is generally accepted that this is where child tend to ride but legally they shouldn’t be on the pavement either.

DinnaeFashYersel · 26/07/2023 16:30

@FixTheBone

cats 🐈‍⬛ autocorrect 😂

lightinthebox · 26/07/2023 16:32

Report the drivers. Is it an area where you need parking permits?

Don’t respond to demands for payment, go through insurance like you would for any damage. Take photos of the illegal parking.

navithefairy · 26/07/2023 16:32

They are two separate issues. Regardless of the car being parked illegally, her son still damaged it. They're not related.

Having said that, I still wouldn't be expecting them to pay for a kid having an accident and falling into a car. They need to go through insurance.

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