Driveway removed, car in a hole - my fault?

Marvel1

deaston wrote: »

As I stepped out of the car to see why it wouldn't move, a voice from an upstairs window shouted "What the f*** are you doing?" to which I replied "I'm stuck." He shouted back "Better get someone to tow you out then" and shut the window.

His immediate hostility didn't really make me want to knock on his door to converse further. When he appeared and said he had my reg and "would come after me" and said "don't you have any common sense?" I decided it was probably best to deal with him as little as possible.

I haven't come here looking for confirmation as to who is at fault but more how could this have been avoided?

I guess I could have parked, got out of my car and surveyed the area with a torch to ensure someone hadn't dug a hole.

Or I could've carried on driving and turned at a roundabout (?) but I had been looking for somewhere to turn for half a mile or so and didn't know where the road was leading nor how long I'd have to drive to find somewhere.

Or he could have had some forethought and ensured the trench was visible.

I guess the homeowner never, ever turns his car in other people's driveways. Or makes mistakes.

Last year a lorry driver reversed the wrong way up a one way street and hit my parked car. I was polite and understanding that mistakes happen and his actions weren't malicious. No-one died, no-one was hurt. But it seems I should actually have shouted at him, called him names, sworn and made the situation as difficult as possible. Well, you live and learn!

Excatly last year someone wrote off my car outside my house, their car and 6 year old daughter in car that ended up on its side. Maybe instead of being calm, considerate, and asked the Police if they would get details as he went to into another house to settle down. I should have just started being hostile/angry not caring how they were at what they done.

Lorian

Your car isn't actually on his property, just overhanging it - given your car hasn't touched his property in my opinion he would be hard pushed to have any sort of claim against you. Keep the photo safe :-)

To me it also looks like moat has been there for an extended period of time, perhaps he enjoys seeing people fall in it too much to complete the job. I doubt he has planning permission for a moat...

Marvel1

I would find out if it's his land etc

Everyone makes mistakes, just look at the parking forum (blind to the rules more like IMO) and expect to void the fees.

warehouse

OP, if there is damage to your car then get some good legal advice.

Many of the people on this site are here only to try and make themselves feel better about their sad little lives, as you've probably noticed in this thread.

unforeseen

Lorian wrote: »

Your car isn't actually on his property, just overhanging it - given your car hasn't touched his property in my opinion he would be hard pushed to have any sort of claim against you. Keep the photo safe :-)

To me it also looks like moat has been there for an extended period of time, perhaps he enjoys seeing people fall in it too much to complete the job. I doubt he has planning permission for a moat...

I'd question whether it is on his land. It looks more like the portion that is dug up is actually the public footpath

AndyMc.....

unforeseen wrote: »

I'd question whether it is on his land. It looks more like the portion that is dug up is actually the public footpath

Really?

Look at the streetview photo and follow the line across the drive from the two walls. Do you still think it's the footpath?

unforeseen

Maybe not. I was looking at OPs original photo that appears to show the wall only coming out as far as the inner edge of the dug out portion.

A more up to date photo would help.

deaston

unforeseen wrote: »

I'd question whether it is on his land. It looks more like the portion that is dug up is actually the public footpath

I think it is his land as is shown by the plan from his planning application.

https://drive.google.com/open?id=0B9oi2ZnYFaNiUDB6b25rSTNOVzQ

warehouse wrote: »

OP, if there is damage to your car then get some good legal advice.

Many of the people on this site are here only to try and make themselves feel better about their sad little lives, as you've probably noticed in this thread.

There isn't any damage to the car - it was barely grounded, just enough for the little engine to not be able to pull itself out.

deaston

unforeseen wrote: »

Maybe not. I was looking at OPs original photo that appears to show the wall only coming out as far as the inner edge of the dug out portion.

A more up to date photo would help.

We went back this morning and took a couple of photos as we passed in case he did something like smashed-up the drive and came after us claiming I did it.

This is the best photo we got (we didn't want to be obvious - he doesn't seem like the helpful, understanding kind of human being).

https://drive.google.com/open?id=0B9oi2ZnYFaNicEFaanpSX25uRjg

Lorian

Interesting. there is definitely some back story there you don't know about. I think with that I'd remove any vestiges of worry from my mind!