The other day I was driving at the speed limit on a residential road. I was following a map which showed the road going exactly where I wanted to go. I had no idea there was a 200 yard stretch of it that was private. I drove down it and hit a sump cracker that I didn't see. There are signs, I know now, but I didn't see them at the time. There is no STOP sign. Anyway, my car is in the garage for a new sump. I think it is ridiculous to deliberately damage a vehicle in this way just because I didn't know it was there. It should have been much more obvious. Does anyone know if this is legal?
Sump cracker
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04-12-24 14:59
What exactly do you mean by "sump cracker"?
How much is the damage? Your insurance should cover it, but the excess may be too much. -
04-12-24 15:07
Apparently "sump breaker" is what it's called. Metal railings in the middle of the road high enough to smash the sump but not easy to see.
Pictures are here:
https://www.icloud.com/sharedalbum/#B1yGQOeMmGD1eLz
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04-12-24 17:21Looking at StreetView, there are "No Motor Vehicles" signs on both sides of the road before the bridge, plus a "No Through Road" sign.
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04-12-24 17:43True. But if I put bear traps in my fields to break peoples legs who accidentally trespassed on my land the fact I put a sign wouldn't keep me out of jail. So my question remains, is this legal?
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04-12-24 18:13
Possibly not. But driving past a No Motor Vehicles sign is definitely illegal! And not accidental.
If it is illegal (i.e. putting the trap there is a criminal offence), that doesn't necessarily help you get recompense in civil law. A court might say your own criminal act meant you were the author of your own misfortune.
AFAIK the only way to find out would be to find who owns the road, and take them to court. Alternatively, let your insurer sort it out. -
04-12-24 18:44Apparently driving past a No Motor Vehicles sign is a contravention code 52 offence which comes with a fine of £100, max £1000 if it goes to court. Willful and malicious damage gets up to 3 months in prison and a fine up to £2500. Seems to me the sump breaker constitutes a more serious offence than driving past the sign. I may have to cause some trouble out of spite. Since that seems to be the motivation for the sump breaker.
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04-12-24 19:52I'd agree with @Beelzebub and it even warns that there's a breaker
That said I think your point about, warning someone you are going to break the law if they break the law doesn't give you the authority to break the law, seems fair... I don't know how it stands legally though
Maybe there is some defence for them considering that they didn't physically break your car, as in, you are the one who drove over a stationary object - they didn't physically do it?
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08-12-24 15:38It would appear, if you have a grievance, it should be with the satnav map but if you read their terms and conditions they will have it covered.
Sorry but I am afraid it will have to be chalked up to experience, and perhaps there is moral in this story. -
10-12-24 21:32
The thing is whoever put the sump breaker in the private road did'nt cause wilful damage, you did it yourself. -
12-12-24 13:52
Nonsense. The sump breaker has no purpose at all other than to cause wilful damage. That's what it's designed for. The law does not allow private citizens to decide that they don't like the penalties prescribed and then go ahead and inflict their own. In fact the law can get pretty snippy about that sort of thing. It can be very thin skinned. So I am going to make the land owner explain themselves to a court and see what happens. Maybe I am right, maybe not. I am old and cantankerous with nothing better to do. -
12-12-24 15:22
Isn't its prime purpose as a deterrent, accompanied as it is by a number of signs? Before their sump has been broken, a driver has to ignore No Motor Vehicle, No Through Road and the explicit Sump Breaker.
BTW there are no 'penalties prescribed' for trespass: it is not a criminal matter.
Was there any damage to the sump-breaker? Beware a counter-claim! -
12-12-24 16:33
I was referring to the penalty for ignoring a no motor vehicles sign which is a £100 fine. The sump breaker did a lot more damage than that.
If they just wanted to prevent access they could have put up a gate. Like they do on all their fields. This is intended to do damage as a punishment for not knowing it is there. Obviously I wouldn't have driven over it if I did know it was there. The pictures of the signage are lovely but try driving through there in the dark when it is windy and raining and you are focused on the road ahead. I know I should have seen the sign but I didn't and the law prescribes a £100 for that. Anything else is wilful and malicious. In my opinion. I can afford to be just as obnoxious as the landowner.
