Car Forum / UK Car Forums / Driving (UK group) / July 2009
Personal 'no parking' cone?
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Lobster - 30 Jun 2009 09:31 GMT Near where I'm working at the momemnt I've noticed on a side street - where there's completely unrestricted parking - there's often been a car-sized space blocked by a traffic cone plonked in the middle - one of those short stubby yellow and blue ones the police use, but with no lettering on at all. Bit curious.
Then the other day I noticed a car parked at the spot. A young woman came running out of nearby house, got into the car and pulled out of the space, then got out again in order to remove the cone from her boot, which she plonked down in the middle of the newly-vacated space before driving off! No sign of any 'disabled' badge or any reason for the cone other than wanting to reserve 'her' space in a fairly crowded street.
I think if I were one of her neighbours the cone might mysteriously disappear one day.... but anyway, just out of interest, I was wondering is she committing any offence by doing what she's doing?
David
GOM - 30 Jun 2009 09:42 GMT > I think if I were one of her neighbours the cone might mysteriously > disappear one day.... but anyway, just out of interest, I was wondering > is she committing any offence by doing what she's doing? AFAIK You are not allowed to place an object in the carriageway. Regardless, it carries no legal weight whatsoever so as you and I'd do, its perfectly legal to move the cone and park there.
 Signature GOM
I'm not prejudiced. I hate everyone equally.
Bod - 30 Jun 2009 09:45 GMT >> I think if I were one of her neighbours the cone might mysteriously >> disappear one day.... but anyway, just out of interest, I was wondering [quoted text clipped - 3 lines] > Regardless, it carries no legal weight whatsoever so as you and I'd do, > its perfectly legal to move the cone and park there. It could also be a liability,should it cause an incident.
Brimstone - 30 Jun 2009 09:50 GMT >>> I think if I were one of her neighbours the cone might mysteriously >>> disappear one day.... but anyway, just out of interest, I was [quoted text clipped - 5 lines] >> > It could also be a liability,should it cause an incident. What sort of an "incident" might it cause? It can't move on it's own, so how is it going to start leaping about the carriageway and obstruct a passerby?
Bod - 30 Jun 2009 09:57 GMT >>>> I think if I were one of her neighbours the cone might mysteriously >>>> disappear one day.... but anyway, just out of interest, I was [quoted text clipped - 8 lines] > What sort of an "incident" might it cause? It can't move on it's own, so how > is it going to start leaping about the carriageway and obstruct a passerby? Any illegal object placed on a public highway is a liability and leaves the 'object placer' open to claims for damage to any vehicles that hit the object,simply because it should not be there.
Brimstone - 30 Jun 2009 13:38 GMT >>>>> I think if I were one of her neighbours the cone might >>>>> mysteriously disappear one day.... but anyway, just out of [quoted text clipped - 12 lines] > leaves the 'object placer' open to claims for damage to any vehicles > that hit the object,simply because it should not be there. Do you have any legal basis for that assertion?
Bod - 30 Jun 2009 13:54 GMT >>>>>> I think if I were one of her neighbours the cone might >>>>>> mysteriously disappear one day.... but anyway, just out of [quoted text clipped - 13 lines] > > Do you have any legal basis for that assertion? No but I can't see that objects placed on a public highway without permission can be anyone elses responsibility,so therefore any claim would be against them. Do you think or know differently then?
tim..... - 30 Jun 2009 14:48 GMT >>>>>>> I think if I were one of her neighbours the cone might >>>>>>> mysteriously disappear one day.... but anyway, just out of [quoted text clipped - 18 lines] > be against them. > Do you think or know differently then? If you had a valid claim perhaps.
But a claim, against a third party, for hitting an object that you can reasonably see, based upon "it shouldn't have been there" will fail.
tim
Bod - 30 Jun 2009 14:56 GMT >>>>>>>> I think if I were one of her neighbours the cone might >>>>>>>> mysteriously disappear one day.... but anyway, just out of [quoted text clipped - 24 lines] > > tim Will the object have lights on at night?....highly unlikely.
GOM - 30 Jun 2009 17:24 GMT > Will the object have lights on at night?....highly unlikely. Indeed. To prove Tim wrong, one merely has to dig up the reams of stories about skips left in the road.
 Signature GOM
I'm not prejudiced. I hate everyone equally.
Brimstone - 30 Jun 2009 18:47 GMT >> Will the object have lights on at night?....highly unlikely. > > Indeed. To prove Tim wrong, one merely has to dig up the reams of > stories about skips left in the road. AFAIK, skips are required to be lit at night and marked during the day hence the succesfull claims.
Bod - 30 Jun 2009 19:07 GMT >>> Will the object have lights on at night?....highly unlikely. >> Indeed. To prove Tim wrong, one merely has to dig up the reams of >> stories about skips left in the road. > > AFAIK, skips are required to be lit at night and marked during the day hence > the succesfull claims. Skips,yes...cones,no.
GOM - 30 Jun 2009 17:24 GMT > But a claim, against a third party, for hitting an object that you can > reasonably see, based upon "it shouldn't have been there" will fail. Wrong. It's happened to people who have hired skips.
 Signature GOM
I'm not prejudiced. I hate everyone equally.
Brimstone - 30 Jun 2009 18:47 GMT >> But a claim, against a third party, for hitting an object that you >> can reasonably see, based upon "it shouldn't have been there" will >> fail. >> > Wrong. It's happened to people who have hired skips. What about people who drive into parked cars?
Bod - 30 Jun 2009 19:10 GMT >>> But a claim, against a third party, for hitting an object that you >>> can reasonably see, based upon "it shouldn't have been there" will [quoted text clipped - 3 lines] > > What about people who drive into parked cars? If cars are properly licenced/taxed etc,they are legitimately allowed on a public highway. Personally placed cones/mik crates etc, are not.
Brimstone - 30 Jun 2009 19:11 GMT >>>> But a claim, against a third party, for hitting an object that you >>>> can reasonably see, based upon "it shouldn't have been there" will [quoted text clipped - 6 lines] > If cars are properly licenced/taxed etc,they are legitimately allowed > on a public highway. Personally placed cones/mik crates etc, are not. All cones are "personally placed".
Bod - 30 Jun 2009 19:33 GMT >>>>> But a claim, against a third party, for hitting an object that you >>>>> can reasonably see, based upon "it shouldn't have been there" will [quoted text clipped - 7 lines] > > All cones are "personally placed". Yes, but not in the context of the discussion they aren't; ie: saving a parking space on a public highway without permission.
Ed Chilada - 30 Jun 2009 22:06 GMT >>>>>> I think if I were one of her neighbours the cone might >>>>>> mysteriously disappear one day.... but anyway, just out of [quoted text clipped - 14 lines] > >Do you have any legal basis for that assertion? Check the smallprint in your conetract
</AlanPartridge>
Chris Hills - 30 Jun 2009 23:13 GMT > What sort of an "incident" might it cause? It can't move on it's own, so how > is it going to start leaping about the carriageway and obstruct a passerby? I was in Birmingham once when some particularly strong weather managed to shift some police barriers that were being used to close of a number of roads. If it were not for the diligence of the drivers on the road at the time there could indeed have been an accident, if they had chosen to swerve to avoid them instead of being cautious.
Ian - 30 Jun 2009 13:28 GMT > I think if I were one of her neighbours the cone might mysteriously > disappear one day.... but anyway, just out of interest, I was wondering > is she committing any offence by doing what she's doing? "Obstruction" I believe. Have you tried parking there - it could be a laugh.
Ian
Mortimer - 30 Jun 2009 14:02 GMT >> I think if I were one of her neighbours the cone might mysteriously >> disappear one day.... but anyway, just out of interest, I was wondering >> is she committing any offence by doing what she's doing? > > "Obstruction" I believe. Have you tried parking there - it could be a > laugh. What about people who use cones to reserve a space temporarily for a large vehicle that is expected (removal van etc)? From what people are saying it has no legal status (people can move the cone and park there) and may even be illegal (obstruction), but is it possible to get official permission from the police and/or local council in special cases?
Bod - 30 Jun 2009 14:10 GMT >>> I think if I were one of her neighbours the cone might mysteriously >>> disappear one day.... but anyway, just out of interest, I was wondering [quoted text clipped - 8 lines] > and may even be illegal (obstruction), but is it possible to get > official permission from the police and/or local council in special cases? I remember driving through a chav estate once and seeing old milk crates reserving parking spaces FFS.
Bod
GOM - 30 Jun 2009 14:24 GMT > but is it possible to get official permission from > the police and/or local council in special cases? Yes.
 Signature GOM
I'm not prejudiced. I hate everyone equally.
tim..... - 30 Jun 2009 14:48 GMT >>> I think if I were one of her neighbours the cone might mysteriously >>> disappear one day.... but anyway, just out of interest, I was wondering [quoted text clipped - 8 lines] > be illegal (obstruction), but is it possible to get official permission > from the police and/or local council in special cases? It is yes, but it comes with a bill and a lot of paperwork
tim
JNugent - 30 Jun 2009 15:27 GMT > Near where I'm working at the momemnt I've noticed on a side street - > where there's completely unrestricted parking - there's often been a [quoted text clipped - 14 lines] > > David See: <http://www.youtube.com/watch?v=xjl6pW5S1AM&feature=PlayList&p=F1C363BB4BB92236&i ndex=73>
50s long.
Look out for the 28s mark.
Nothing new under the sun.
Mr Pounder - 04 Jul 2009 18:36 GMT > Near where I'm working at the momemnt I've noticed on a side street - > where there's completely unrestricted parking - there's often been a [quoted text clipped - 14 lines] > > David I bet you live in the south of England?
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