24 June, 2014
Forbes has successfully defended a claim at trial on behalf of Blackburn with Darwen Borough Council. The audacious Claimant attempted to claim damages from the Local Authority after colliding with a large granite bollard. The Claimant first drove past the offending bollard, ignored it, parked on the pavement after crossing a set of double yellow lines and then reversed back into the bollard.
The Claimant argued at trial that the bollard presented a nuisance. It was stated that the area invited him to be there, that the bollard was not visible and was therefore a hazard.
The bollards had been installed by the Local Authority as part of a scheme to prevent vehicles parking and narrowing the road in an effort to ease congestion in the area.
The Judge in finding for the Defendant stated that the bollard was not hazardous and that the Claimant should not have been parking on double yellow lines. If he had followed the Highway Code the accident would not have occurred. He declared that the Claimant was the author of his own misfortune. The claim was dismissed.