Height barrier unmarked

Honest John Back Room » Legal matters
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Fri 15 Jun 2018 18:48
Height barrier unmarked - Sss88
If a council playground has a height barrier installed that is not high vis (grey metal) and no signage indicating a height limit are you able to claim damages if driving into it with a bike on the roof?
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Fri 15 Jun 2018 19:01
Height barrier unmarked - RobJP

Maybe, maybe not.

A court MIGHT rule in your favour.

Or they MIGHT rule that a it is 'reasonable' to expect a height restriction on something like a car park entrance, and that you are therefore responsible for your own loss - and possibly you are responsible for any damage caused to the barrier as well !

Only way you find out is by issuing proceedings.

Edited by RobJP on 15/06/2018 at 19:01

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Fri 15 Jun 2018 22:38
Height barrier unmarked - Bromptonaut

Failure to observe. No liability on anyone but the driver.

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Sun 17 Jun 2018 19:38
Height barrier unmarked - HGV ~ P Valentine

No as mentioned, lack of spacial awareness on your part, No legal requirment to put height on anything except bridges below 16ft 6.

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Mon 18 Jun 2018 13:34
Height barrier unmarked - Gibbo_Wirral

If you're going to pursue a claim and want evidence of another council installing signs on their barriers (yet people STILL hit it in cars and vans with bikes and kayaks on the roof), then there's one here:

www.google.co.uk/maps/@53.431429,-3.0785327,3a,50....6

Edited by Gibbo_Wirral on 18/06/2018 at 13:35

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