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Original poster

My DS cycled into a car and scratched it...but it was parked partially on the pavement!

64 replies

OlderNotWiser · 09/09/2012 20:09

I saw it happen (in slow motion!) DS (aged 6) had been cycling up and down the pavement enjoying his new bike bell, but for some reason wobbled and went into a neighbour's car. The car has a bit of a scratch, nothing to my mind, but neighbour wants us to pay for scratch to be removed/repaired. I have apologised etc but not as yet said we will cover any costs. But he was parked partially on the pavement so I feel a bit snotty about it. Isn't doing that a bit 'at your own risk'? Who is at fault here?

OP posts:
BlackberryIce · 09/09/2012 20:14

Well he should not park on the pavement! I wouldn't pay..

vigglewiggle · 09/09/2012 20:17

Well if you are going to get into the legalities of it all your DS should not be cycling on the pavement either.

I think if it was me, I would offer to go halves to keep neighbourly good will.

Original poster
OlderNotWiser · 09/09/2012 20:18

Really Blackberry? I thought that was where children were meant to cycle? (Genuine cluelessness.)

OP posts:
Original poster
OlderNotWiser · 09/09/2012 20:19

Oops, meant viggle of course Smile

OP posts:
RevoltingChildren · 09/09/2012 20:20

I accidentally knocked a wing mirror askew with my double pushchair when the car was parked on the pavement. It shouldn't have been parked there.

LaurieFairyCake · 09/09/2012 20:20

I definitely think you should pay - you are sometimes allowed to park on the pavement (no idea if that applies here) but children are not supposed to cycle on them.

Take your child to the park to learn first or there may be more expensive mistakes.

BlackberryIce · 09/09/2012 20:21

Isn't the rule something to fo with bikes with 2 brakes need to be on the road.... One can be on path?

mamij · 09/09/2012 20:21

I would apologise but not pay, especially if he parked on the pavement. I think older meant viggle not blackberry. I also thought that children should be also riding on the pavement too.

mamij · 09/09/2012 20:21

Oops. Crossed post.

rubyrubyruby · 09/09/2012 20:24

This reply has been deleted

Message withdrawn at poster's request.

bangersmashandbeans · 09/09/2012 20:25

Not cycling on pavements is something to do with wheel size I believe and therefore children's bikes are permitted on them. Unless it was a marked bay up on the pavement then the car was not legally parked. Your neighbour hasn't got a leg to stand on legally but for the sake of peace could you buy a bottle of T-Cut and deliver it with a 'sorry' card from your child?

PerspectiveUrgentlyRequired · 09/09/2012 20:27

Legally there is nothing they can do to force you to pay. Up to you if you want to though. I'm on the fence on whether I would pay up, if I was in your shoes. I'd be annoyed if it was my car, but I know I'd have no legal recourse so wouldn't push it if I was your neighbour. Tough one.

vigglewiggle · 09/09/2012 20:28

What Ruby said is correct. Lots of grey areas, your child damaged someone's car. Splitting the cost of repair seems reasonable to me.

Original poster
OlderNotWiser · 09/09/2012 20:28

Yes was rather thinking T-Cut myself..its all thats needed tbh. Silly sod. (Neighbour that is, not you bangers! Grin)
Interesting the range of opinion here tho.

OP posts:
NoComparison · 09/09/2012 20:28

He shouldn't have been parked on the pavement, no-one should be cycling on the pavement. Really it depends if you want to fight with your neighbour. I think the decent thing would be to pay.

law re cycling on pavements

Chandon · 09/09/2012 20:31

I would have offered to pay.

rubyrubyruby · 09/09/2012 20:32

This reply has been deleted

Message withdrawn at poster's request.

Original poster
OlderNotWiser · 09/09/2012 20:33

Damn. Quite a few offering to pay. Glad I didn't post in AIBU!

OP posts:
lisaro · 09/09/2012 20:34

You're both in the wrong therefore 50/50.

vigglewiggle · 09/09/2012 20:34

What has the neighbour asked you to pay. From what you say it shouldn't amount to much for a bit of T-Cut.

HolyParalympicGoldBatman · 09/09/2012 20:34

Did you knock and ask him to move his car/tell him he shouldn't be on the pavement before your DS damaged his car?

If you did and he refused then don't pay.

If you were ok with where his car was parked prior to this incident, but now after your DS has damaged it have decided he should never have been parked there, then you should pay or offer to repair it.

Your DS shouldn't have been cycling on the pavement.

BikeRunSki · 09/09/2012 20:36

It is illegal to cycle on the pavement, no exception for age, size of bike, size of wheel, no. of brakes or anything. You can get a fixed penalty, but children under 10 can not be prosecuted.

It is also usually illegal to park on the pavement though too.

Original poster
OlderNotWiser · 09/09/2012 20:41

I think neighbour was after a bit more than T-Cut, but don't know at the mo, we are kind of in a stand-off.

And the thing is HolyPara, Im never ok about people parking on the pavement actually, where I live its a total pain in the arse...but realistically I can't go knocking every door before I venture out...I could easily do damage with my buggy at times. Do I really have to ask every time I need to squeeze past on the pavement?

OP posts:
theoriginalandbestrookie · 09/09/2012 20:46

I don't think its illegal to park on pavements unless you don't leave enough room for people to walk past ( not bikes though)

I would have offered to pay - DS did almost the same thing to someones car the other day although it was in the mans driveway so no extenuating circumstances and when he came in and told me the first thing I did was go round there and offer to pay - luckily the bloke was a gent ( and a dad) so he didn't accept.

Please whatever you do don't bring round a bottle of T-cut. I'm not prone to taking offence but if somebodys child scratched my car, then brought me a bottle of that so I could spend my own time trying to sort it out I would be livid. Also it's not really up to you to decide how cosmetic or otherwise a scratch is - if you want to make amends you could try to t-cut it out yourself, but if it doesn't work then I would expect you to pay for the repair.

NoComparison · 09/09/2012 20:57

What would you expect to happen if it was your car?