In the event that a car parked on a pavement (leaving just over 2ft of space between the car and a wall on the pavement side) was accidentally damaged by a wheelchair user passing by on the pavement, would the wheelchair user be liable to prosecution for criminal damage?
This hasn't actually happened but whilst out in my wheelchair last night my fiance had to wheel me onto the road on several occasions because of cars parked on pavements in the way described above. If we had tried to squeeze between the cars and the wall we may have come into contact with one or more of the cars and that may have damaged them,my fiance wanted to try anyway and didn't care if the cars got scratched,whereas I was happier to go around them.lol.
Can anyone shed any light on how the law would handle this one please?
Thanks.
daffy654 Fri 09/05/08 09:19
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I'm no law expert but as cars are not allowed to park on the pavement, it must surely be the car at fault. However, that seems like common sense and the law is often far from sensical.
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A car should not be parked on a pavement full stop. The guy that lives downstairs from me will often park his whole car on pavement outside my door. I;m sure you couldnt be done for damaging their car.
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I must admit though I do park on pavement sometimes outside mine but always make sure there is room for pushchairs wheelchairs etc. ever since someone plowed into the side of my car and drove off.
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Criminal damage has to have a criminal intent - you intentionally or recklessly damage another's property - the scenario you describe is not.
If you attached spikes to your chair and deliberately gouged a vehicle then that would be criminal damage.
Merely trying to proceed along the pavement will not result in charges against you.
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Question Author
My fiance always parked our car on the pavement outside our house but always left room for even a double buggy to get past. A lot of the ones we had to struggle past yesterday were also parked across dropped kerbs,which made it even more difficult for us to get up and down the pavement to get around them. I suppose I am just a bit easier going than my fiance,I think he would have happily scratched them but I am loath to cause any damage to people's cars really as I know it is expensive to repair.
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Question Author
Lol @ 4get,I just had visions of a Ben Hur style chariot but in the form of a wheelchair.pmsl.
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It might damage your wheelchair too though.
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Question Author
I don't object to people parking on pavements at all,as long as they leave room for people to get past with prams and wheelchairs.In our street where there is no off street parking and it is a very narrow terraced street,the cars have to be on the pavement to allow the road to be used,all the car owners on our street allow enough room for pavement users to get past.As our car just died 2 days ago and has gone to the great scrap yard in the sky we no longer have to worry about parking our car. :-(
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Forget spikes. Go Hi Tech like James Bond and have a laser that cuts the car in two as you wheel past....
Seriously tho, unless it is a marked bay (I which only happens when there is room to do it) if you damage the car it's hardly your fault. It's up to the owner to think of these things, not you.
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my brother parked on a pavement whilst working at a house last week. There was approx 6 ft of pavement left for pushchairs, wheelchairs etc, so plenty of room. He had no alternative than to park there as he is continueously in and out of his van for tools. HE GOT A £60 FINE AND A RIGHT TELLING OFF BY THE WARDEN. So, I dont think it would be your fault if there was damage.
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There are some roads where cars can be parked on the pavement. There is usually a white line on the pavement where the car can be parked up to. There are several such roads in my area and I think that all pavements should have this. Some roads are far too narrow. If there was a boundary line wheelchair users and pushchairs etc., would still have room to pass through. The only downfall is white lines all over the place!
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it is illegal to park a car on the pavement (even mounted) where not allowed. if you were to scrape it, it would be very easy to claim that 'but for the fact that the driver had not parked illegally, you would not have scraped his/her car'. the pavement is designed for your use, not a car's and you are not obliged to use the road if the pavement is blocked. it would simply be an accident if you were to scrape the car as you had no intent to do so. the car is blocking your right of way, a call to the police would fix the problem very quickly. the car owner is parking his car at his own risk.
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