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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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I was driving along a 7.3m inner city road with, with parking

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I was driving along a 7.3m inner city road with, with parking on the opposite side of the road. The road is a bus route with buses runninf in opposite directions every 20 minutes.
A bus coming towards me pulled out from behind the cars so I slowed down and proceded forwards in the gap left by the bus which was just wide enough for me to pass while remaining all the time on the highway and NOT even touching the kerb. Our Council require us to leave our refuse bins at the back of the footway. It appears, because I have never had reason to notice before but the refuse collection team sometimes move the bins to the edge of the kerb and they at times overhang by up to 300 mm into the highway. I have photographic evidence of this. The bins approximately 1200 mm tall remain on the edge and over the 7.3. highway for any time between 30 minutes and last this week they remained un-emptied for over 2.25 hours.
I drive a Mercedes CLC and unfurtunately my wing mirror smashed into the top of a full green bin causing over £1000 of damage to the n/s wing-mirror and housing, door glass, panel and trim. The Council do not want to know as I believe they should pay for the repair. It is, under the Highways Act of 1980, the duty of the Council to keep highways and footways for safe passage of members of the public including their means of transport. I should reasonably expect to have un-interrupted use of the highway unless there is a notice showing an obstruction. In a short length of road I have counted up to 15 bins over-hanging the highway and mounted precariously on the front of the kerb on one day alone.
Where do I stand please?
Graham Steen
Architect (retired)
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

What more information do you need. If I have an email address I can send you my report.

Expert:  Jo C. replied 1 year ago.
I just need to know what you wanted to know about this please?
Customer: replied 1 year ago.

Have you read my lengthy question? Is the Local Authority liable for the damage to my vehicle as a result of their leaving waste refuse bins at the edge of and over the highway by up to 300mm.

Expert:  Jo C. replied 1 year ago.
Yes, but your post above doesn't contain a specific question.
I'm really sorry but I cannot give you positive news. They are not liable. I'm afraid it is for drivers to avoid obstacles.
Come what may, you were driving and you are liable for any collisions. It might have been different if you were stationary and during movement the refuse collectors struck your vehicle. That did not happen.
If this is an overhang than I'm afraid I cannot agree that the Highways Act is engaged. It would be different if there were an actual obstruction in the road.
I'm afraid that what this comes down to is that the passing is a tight one. I do realise that is objectionable but I'm afraid I cannot agree it gives them liability for the damaged to your wing mirror when ultimately you were moving.
I'm very sorry.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Are there any other laws relating to duty of care of the public where the local authority may be liable.


Also if you refer to Highways Act 1980 Chapter 66 Section 130 protection of rights, the LA has a statuary duty to "protect the rights of the public to use and enjoyment of any highway in their area". Clause (3) the LA has a "duty to prevent as far as possible the stopping up or obstruction of -"
The movement of large refuse bins to positions on or over the kerb was carried out by the LA as the waste collection authority, so the act of stopping up of the highway was a deliberate act.
Please advise if this is the case in law and that the LA are liable.
Thanks
Graham Steen
Expert:  Jo C. replied 1 year ago.
Oh yes, but this isn't a care of the highway issue.
This is just overhang and I'm afraid it is for drivers to avoid hazards.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
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