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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
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Hi. I own a property that gets hit by large vehicles on a

Resolved Question:

Hi.
I own a property that gets hit by large vehicles on a monthly basis. The council say that the road is wide enough for vehicles to pass through so refuse to do anything about this. There are signs before my property that state unsuitable for wide vehicles and they (county council)lowered the footpath on the opposite side of the road to alleviate the problem a few years ago (this only happened because the property made onto local tv and press).
This problem has been ongoing for ten years now , and no matter how many times the building is hit or the road is blocked by vehicles getting stuck the answer is always the same, I.e. It is the fault of the drivers and not the responsibility of the highways agency.
Could someone help me , I am unsure of what actions I can take to get this resolved and as to how many times this property would have to be hit before it was considered a road issue and not the drivers fault.
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Did the property get hit by vehicles before you moved into it?
Customer: replied 2 years ago.
Hi Jo,
Yes it did ,but we were unaware of this until a few years down the line.
Expert:  Jo C. replied 2 years ago.
Thank you.

Unfortunately because this is a pre-existing set of circumstances whereby the nuisance already existed and you moved to the nuisance rather than the nuisance arriving after you moved in, you have no claim in either Private nuisance or Public nuisance.

You have a possible claim against the local authority for judicial review but all that would do (even if successful) would make the council revisit the decision process as to whether they should alter the road. Putting them on notice of the possibility of an application for judicial review may wake them up to the fact that any proposed alteration to the road may be cheaper than the risk of going to court. That is assuming of course that altering the road is a possibility.

If physical alteration of the road is not a possibility it may be possible to put a weight limit on the road provided there is alternative access for the vehicles. A weight limit on the road is enforceable against offending vehicle drivers.

Judicial review is expensive if your application is not successful but if it is successful you will usually get costs awarded in your favour against the council.
Even if it is successful the Council may still come to the same decision. You can only make an application for judicial review on the basis that the Council's decision is a legal, irrational, all that they have not followed the correct procedure.

There is one other thing you can do which is risk and the money three and that is to make a complaint to the Local Government Ombudsman.

Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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