Car on pavement..

floralaura

There's a car, its parked on the pavement..blocking half the path.
There's a Parent with a pram walking down the street where said car is parked.
On the Parent trying to squeeze the pram past the car the two scrape together.
There is a mark down the car and also on the pram frame.
The car owner wants the pram owner to pay for damages to their car.
The pram owner wants the car owner to pay for damages to their pram.
Who is in the right to want damages paid?

vaio

It might be poetic justice but I’d have thought that if something moving hits something stationary then the fault is with the moving object

somech

car is causing an offence by blocking path and not allowing room for pushchair/wheelchair to get past

marlot

I've regularly been tempted to walk over the roof of cars parked on the pavement. One person parks so far over that parents and children have to go into the road, which is outrageous when there is a nice safe pavement!

Unless the owner can guard their car 100% of the time, I'd have thought it was unwise to seek payment!

iamana1ias

somech wrote: »

car is causing an offence by blocking path and not allowing room for pushchair/wheelchair to get past

But not responsible for the pram scraping it.

In some places there is no choice but to park partly on the pavement.

marlot

pram owners are not required to have insurance, or to stop and exchange insurance details after an 'accident'. I guess the car owner could sue if they were so minded.

marlot

iamana1ias wrote: »

In some places there is no choice but to park partly on the pavement.

It doesn't make it legal (unless there are markings making it so).

The pram owner could report the car owner for obstruction on a daily basis and make life hell for them.

somech

car owner should have left enough room for pushchairs to get past after all a pavement is for pedestrians not parking.

iamana1ias

marlot wrote: »

It doesn't make it legal (unless there are markings making it so).

The pram owner could report the car owner for obstruction on a daily basis and make life hell for them.

My parents had to park on the pavement outside their house (as did all the cars on their side of the street) because of lorries driving up and down the hill all day.

Their local copper told them to make sure they were no more than half way across and no-one ever complained. Mind you, the cars on the other side of the road didn't have to park on the pavement, so there was a clear pavement there for pedestrians/wheelchairs/prams/kids on bikes. No problem in over 30 years.

Not every situation is the same

roddydogs

So the pram owner stopped and said "Sorry ive damaged your car"?

sillygoose

Keeping to the actual point.

No the car shouldn't be blocking the path, thats up to the police or parking enforcement to deal with. As a parent I do sympathise.

However, nothing was damaged until the pram owner tried to go through a gap that was too small. The pram owner will be required to pay for the damage to their own pram and the car.

As often arises on these boards for various things people cannot take the law into their own hands and inconvenience - however great, does not justify doing what you want - otherwise it would be legal to shove an old lady out of your way if you were in a hurry, its the same thing its just to what degree you draw the line. Fortunately the law draws the line at the law and not what people feel would be justice!

Although I absolutely agree it would be a major hassle, the pram owner could have knocked on the nearby doors, found the owner and asked them to move the car. Or called the police and reported their way blocked and so on.. there was absolutely no legal need to damage anything.