kinkersaab Posted May 27, 2015 Posted May 27, 2015 My fault entirely..bugger! However, it is a new sunshade, and in my opinion not in an ideal location, at no point did i mount the pavement... The owner was insistant it was within regualtions, but i bet she doesnt put it out that far again.... Uncle Jimmy 1
fairkens Posted May 27, 2015 Posted May 27, 2015 Doesn't look like it was your fault at all D Spares & Tyres, oldcars and Cavcraft 3
kinkersaab Posted May 27, 2015 Author Posted May 27, 2015 Well, i was driving, Just because it was an obstruction above, doesnt negate my lack of due care, im hoping it can be sorted cash, reallly dont want to claim on insurance, the camper now has a duct tape plaster
dean36014 Posted May 27, 2015 Posted May 27, 2015 Pretty sure it shouldn't project out into the road, bus, lorry or a van could wipe it out easily. michael1703, Uncle Jimmy and oldcars 3
kinkersaab Posted May 27, 2015 Author Posted May 27, 2015 I think it was inline with rather than over, i guess i must have caught it with the luton overhanging bit when i edged in towards the curb to park, but, i guess that is what people do in villages...hey ho.... Fingers crossed its not too dear to put right
Richard Posted May 27, 2015 Posted May 27, 2015 I've hit one of the fixed canopies in Pitlochry with my van before, they are surprisingly resilient. derskine and anonymous user 2
Pillock Posted May 27, 2015 Posted May 27, 2015 Claim for whiplash, that'll learn her.It does look like it comes out too far though, more than common sense would suggest. Perhaps seed that fact with your insurance company and see if they argue it for you? However then you're on the slippery slope of having to go through insurance.
anonymous user Posted May 27, 2015 Posted May 27, 2015 You never know, the shop owner might sell it to you cheap as a fold out awning for the camper mercrocker, forddeliveryboy, trigger and 1 other 4
angle Posted May 27, 2015 Posted May 27, 2015 The owner was insistant it was within regualtions, but i bet she doesnt put it out that far again.... It's not, PM me if you need the boring details. Although as my friend found out when crashing into a car parked on double yellow lines, just because it shouldn't be there, insurance companies still take a dim view of you crashing into it...
Negative Creep Posted May 27, 2015 Posted May 27, 2015 I think the fact he hit a stationary object would override the fact it wouldn't be there
kinkersaab Posted May 27, 2015 Author Posted May 27, 2015 I agree entirley. I iz dick. it doesnt mean its a sensible thing to have there though...
Uncle Jimmy Posted May 27, 2015 Posted May 27, 2015 Fix angle iron to front. Next time it will be the awning that comes off worst.
OwdChina Posted May 27, 2015 Posted May 27, 2015 Crashing into a stationary object parked on the street is one thing,...... but crashing into something overhanging the street, nine foot in the air is something else. Not your fault in my opinion. michael1703 1
hairnet Posted May 27, 2015 Posted May 27, 2015 tell the council about dangerous structures and that blinds in the window might be a good idea and that yer richard kiels newphews and yer 7 foot two and had to duck cos it might have had yer eye out
mercrocker Posted May 27, 2015 Posted May 27, 2015 Could have had somebody's eye out with that on a double-decker. Just because it could possibly have been avoided doesn't mean it should be there...
dieselassist Posted May 27, 2015 Posted May 27, 2015 ...Id take whatever she says with a 100 weight of salt; about it being within 'reg's -her canopy must come down every other day of the week, via delivery vans, luton styled bodied furniture vans, and as some says buses parking up to deliver shite/ consumers that buy her tat... surely her public liability insurance is very much in question with that canopy thing?? what propose does it serve, is it a café where she puts out tables n chairs etc??
Twiggy Posted May 27, 2015 Posted May 27, 2015 I wonder if this development needed planning/building consent ? If it did and neither was obtained, the consequences for her could well be financially disastrous.
UltraWomble Posted May 28, 2015 Posted May 28, 2015 Ive been sat here with a box of matches ( your camper) and a packet of opal fruits ( the awning) trying to work out how the hell you clobered something not overhanging the road without mounting the kerb. and I cant. So Im going to eat the Opal Fruits. Bobthebeard, Mr Lobster, Tam and 3 others 6
Noel Tidybeard Posted May 28, 2015 Posted May 28, 2015 was there a warning sign as to the height restiction imposed on the public highway? Twiggy 1
fairkens Posted May 28, 2015 Posted May 28, 2015 I'd love to know what regs she was talking about - The Awning (Overhanging the Roadway)(England and Wales) Regulations 2004? Bobthebeard, Mr Lobster and Cavcraft 3
oldcars Posted May 28, 2015 Posted May 28, 2015 Looking at the picture its hard to see how it was'nt over the road. The two V shaped pieces on the second photo lock out to hold the canopy tight do the not? If so it has to have been over the road.
Cavcraft Posted May 28, 2015 Posted May 28, 2015 I'd tell them FRO and speak to your insurance yourself, it looks to me like it's the shop's fault as it's overhanging into the road. trigger 1
Des Posted May 28, 2015 Posted May 28, 2015 That's not your fault, it's fair to assume that if you keep off the pavement you'll not crash into buildings. If you let the shop owner away with that she'll be putting up piano wire between lamp posts next, beheading bikers and blaming them. Vince70 1
Mr Lobster Posted May 28, 2015 Posted May 28, 2015 I'm with those suggesting you fight it. If its overhanging the road I'd be amazed if that doesn't contravene some sort of regulation. Whilst it might technically be your fault that you hit the stationary awning, given that it shouldn't be overhanging the road in the first place must place some sort of liability on the shop owners. Otherwise they could just string a pole across the street at a height of 2m and then go legal with everyone who hits it which would probably be far more lucrative than running an actual shop. mercrocker and Vince70 2
Alan_Green Posted May 28, 2015 Posted May 28, 2015 It only overhangs in the "after" photos, now that the pole is bent. On the un-bent side it doesn't overhang. I also don't see how the matches hit the opal fruits. But presumably there are regs and one poster earlier seems to know them. UltraWomble 1
trigger Posted May 28, 2015 Posted May 28, 2015 Unfortunately if it wasn't you who hit it then it would have been someone else, thankfully they wasn't anyone under it and that it didn't fall. I wonder if she had planning permission to have a awning in the first place seeing that none of the other shops have one? I've just found this online. OwdChina 1
colino Posted May 28, 2015 Posted May 28, 2015 I know that planning regs are different and applied differently all over the UK, but on taking over a retail place with such an "oversail" as new owner I was obliged to remove it. Reasons being; I didn't have planning permission, I didn't have approval from Highways, I didn't have necessary additional minimum £100k public liability coverage for the oversail and no part of any such oversail should be closer than 40cm to or above the carriageway.That shop owner is lying and relying on your good nature to stump up for their pikey canopy and hope you don't sue for the damage to your vehicle.If Mr Tesco took a wrong turning and went down that street, not only would he have ripped the shop front off, but Mr T would be looking for compensation for his truck and load too.
purplebargeken Posted May 28, 2015 Posted May 28, 2015 Yeah, stuff her. Just my 2p worth a la keyboard you understand.
hairnet Posted May 28, 2015 Posted May 28, 2015 call her bluff and ask her to provide a copy of the regs ask the council about theirs too oldcars 1
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