Parking on double yellows and scratched car?

[Anonpost789]

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?

They would last about half an hour round my way without getting photographed by the park safe van !

No child was ever prosecuted for riding on the pavement, come off it. Kids always ride on the pavement - I'm not sure why you're bringing this up when, as you say, it's generally accepted.

Did she take a photo? I don’t know who will have to pay, but tell your friend to push the fact that it’s double yellow lines and the car blocked the pavement.

Double yellow parking and dodgy driving around a school are separate matters

It is legal to stop on double yellow lines, load etc. it’s an offence to park but is legal for disabled badge holders to park on double yellow lines
The solution to this is to regularly report to the council if it’s an issue - then they have an easy resolution to send someone down to hand out tickets

Dodgy driving is an issue - potentially careless, dangerous driving etc - report it, but they have to be caught doing so or to have an incident occur under which careless/dangerous driving would be added as an offence

Falling and scratching is an accident. Not the fault of a stationary vehicle. But if circumstances apply could be a cause if it blocked the path etc causing the fall
If your car is scratched when parked then it’s a matter as to whether or not the scratcher is identified and whether or not you go to your insurance.
The scratcher / parent bear the initial liability, the parker may have contributed (but just being on a double yellow does not mean they are to blame)
Refer the company to put it through their insurance and they would see whether or not liability is to be sought

Was the car parked on the pavement or next to it?

She should pay for the damage.

The whole "well the car shouldnt have been parked there" is bullshit really. Take responsibility for your child.
Plus, if the car had not have been there the child would have fallen into the road and may well have been run over.

I’m not sure that is right.

one bloke I knew once was double parked, his car got hit by a vehicle as he was getting in/out and he wasn’t able to claim.

I can't imagine a childs bike falling into a car did an extreme amount of damage.

The fact they were parked on double yellows, blocking pavement, over a drop curb and it then makes it difficult for pedestrians with pushchairs etc to get past I really can't see them getting too far with a claim. I think they are being ridiculous about it.

Tell your friend to take pictures of the car parked like this. And the damage if she can. And then tell her to say to them her 6 year old is not insured, n or does he earn a wage but if they want to come after him for the money knock themselves out. I cannot see how this culd hold up. They parked like a knob, a small child scatched the car, shit happens. it was hardly intentional damage.

And so a bike technically shouldn't be on the path - but its being ridden by a 6 year old whilst his mother is walking presumably. Which is what happens with i'd say 99.9% of small children on bikes on a walk with their parents.

Add in, its on a route from a school, so really, what do they expect?

This is a matter for their insurance company.

Their insurance company may seek to contact the six year old and/or parents (like ... as if this is ever going to happen ... but let's pretend ....) to make a claim against them or, for example, their household insurance.

On no account should they deal directly with this bunch of chancers.

Half on the pavement

No because the car was parked half on the pavement with two wheels and half the body on the pavement so the child would have fallen on the pavement not into the road

Maybe the bike is damaged though? Or the child? Ever considered a claim against the car owners?

well there’s legally absolutely no way they can force a child or their parent to pay in these circumstances.

morally there might be an argument, but the fact they’re a car dealership and illegally parked would negate any moral duty I might have felt.

Good luck with that if the car was stationary and unoccupied.

1, tell them to go through insurance
2, report them daily to your local council and the police for parking on double yellow lines and causing an obstruction.

The kid is 6. Tell your friend to ignore them and they’ll have to claim on their insurance. Perhaps they will find a place to park that isn’t on double yellows.

If this happened with my child, I’d write a letter (copied to their legal team / CEO and marketing team if they have one) stating that my child was under a reasonable level of control and supervision for his age, that he and his parents acted responsibly and reasonably in the circumstances, and that all claims by their company are denied. I’d say that I consider such claims vexatious and harassment, and will not be paying anything without an order of the Court that I do so. I’d say that they have asked for money without making it clear on what legal basis they do so, and that I require a full letter from their solicitors explaining in detail why they have done that, and that the solicitor’s letter must comply with the relevant preaction protocol. I’d say “all rights are reserved, including the right to commence legal proceedings against you without further notice to you, which may include claims for personal injury and mental distress caused to my child by your negligent and illegal parking, breach of road traffic rules and / or negligence. In the meantime please note that I have reported your repeated unlawful and dangerous parking to the local authorities.”

People tend to give up when they get a letter from me 👀

https://www.claims.co.uk/knowledge-base/child-law/child-accidents-compensation-liability#:~:text=In%20England%20and%20Wales%2C%20parents,parent%20could%20be%20held%20liable.

If your council is on love clean streets app it’s so easy to report via that.
There’s an option for obstruction - parking.

Double yellows are there for a reason- it means it is not safe to park a car there. Either because it would be potentially dangerous to the car, cause and obstruction to pedestrians and other road users, obscure the view etc. if you have parked where you weren’t supposed to then I can’t imagine you would have a leg to stand on.

“In England and Wales, parents or carers are not automatically liable for the personal injury, loss or damage that the child has caused. However, if a parent was negligent in, for instance, allowing the child’s actions that caused harm or injury, or for failing to prevent the incident – the parent could be held liable.So if the child was accompanied by a responsible adult at the time of the incident, it may be possible to take legal action against the adult. However, it will have to be shown that the adult acted negligently.”

It’s for the car owner to prove that the parent is liable, it is not for the parent to prove that she isn’t. I would never ever pay a claim like this.

No it doesn’t. There are double yellows in some insane places where I live.

I agree. We go to a local beach, approached down a wide road, absolutely no reason for double yellows that anyone can see other than forcing people into the expensive car park. I suppose I shouldn't complain, all that money they are taking of the visitors is probably reducing my council tax.

Just to add they aren't just double yellows, they have the no loading lines as well so disabled people can't use them either.

He is under the age of responsibility.