Bin Parking

[bil8999]

Yes, will try to contribute more, starting now.

Rented property, bins are put out as required, neighbours also but bins out under my wall, kids set fire to neighbours bins causing damage to my property.

Question, who is responsible for clearing up the mess and paying for repairs etc.  

Don't want to claim off my insurance.

[Richlist]

1. Get neighbours to put their bins elsewhere.

2. You put your bins elsewhere.

3. As you would have reported to police just use the crime number to claim on insurance. Or

4. You didn't report it so put it down to experience and put bins somewhere else.

Good luck

[Chestnut]

Assuming 'put out' means parked on council collection day, you should put your problem to council department responsible and ask what they would suggest - where best to park for their collection.  My council collect earlier now requiring bins out near kerbside at night - and when they empty often left obstructing pavement for electric buggies etc.

RL: Don't councils usually request where bins are put out for emptying, and no doubt prefer several properties together to minimise lorry stops?  (next remark removed)

 

[Richlist]

Hi Chestnut,

In my part of Essex our Council just ask  for the rubbish/bins to be placed at the property boundary nearest the road. They don't ask for us to put all the rubbish/bins from all the properties in one location. Other Councils may ask for something different.

The way I see it is ;

1. You either move the bins or risk a repeat of what has already happened. 

2. You either claim on your insurance or swallow the damage. It's very unlikely the police will chase, catch or prosecute for such an offence.

Yes, my response could be viewed as somewhat abrupt. That happens to be my style sometimes and is unlikely to change. But, I do try not to be rude or insult and try just to stick to answering the questions.

 

 

[bil8999]

Why should I have to claim off my insurance, my bin didn't cause the damage, the fire was started in neighbours bin.

Any thoughts  

[Richlist]

Why? 

Well, the way I see it is this....

Liability and negligence go hand in hand. If your neighbour has been negligent in some way then he probably carries some liability.....but I doubt that is the case. Only you will know if his placing the bins where they were is a negligent act. Even then he didn't set the bins alight

Therefore, as the damage is to your property and it's your property that needs a repair, claiming on your insurance is the easiest way to proceed.

If your insurers think your neighbour carries some liability for the damage they should claim the appropriate amount from your neighbours.

[bil8999]

If you put your bin on land not belonging to you, then you must accept the potential liability that comes with that.

Afterall it is trespass and damage.

Had they not put the bins there then our property would not have been damaged

We assess that the cost of damage is approx £1000, why would I want to claim off my insurance to risk increase in premium.

Thoughts

 

 

[Richlist]

You didn't mention in your previous posts that the bin was placed on your land. As the neighbour didn't set it alight I still doubt he carries much liability.

I also doubt you will get far if you take your neighbour to court as the real culprits are those that started the fire.

I assume the police aren't prosecuting your neighbour so you don't have many options.

Good luck.

[bil8999]

Richlist

Thanks for you comments, sorry I forgot to state that the land was in my ownership.

I would never go to court over such a small amount. 

There are other ways to skin a cat

[Richlist]

The small claims court is designed specifically for small claims of this type. Like others I have taken action to recover amounts as small as £40 .  The court costs are relatively small and are added to the amount of your claim.

So let's summarise.....

1.  You won't claim on your insurance.

2.  You don't want to take legal action to recover the cost of the damage (£1000).

3. The police are unlikely to make a prosecution any time soon.

4. The people who started the fire haven't been caught.....and are unlikely to be.

5. Your neighbour isn't /hasn't offered to pay for the damage.

So what else is it that you expect to happen to resolve the situation ?

 

[Chestnut]

If my neighbours parked their bins on my frontage leading to damage of my property I would have a Word with them.  Depending on severity and relationship, I might suggest that next time I would consider suing them for trespass or negligence costs incurred. I would hope that would be adequate warning with no further action.

As stated previously it's usually the council guys who leave bins about in wrong place after emptying - in which case, with no hesitation I would have a similar but Stronger Word with their superiors at Waste Department, to whom I pay Council Tax for their work.

(Remarks removed as topic correctly edited and re-attributed by Resident)

 

[resident]

Thanks for your suggestion Mortitia, as you can see the two conversations have now been split 

 

[bil8999]

To date neither of the neighbours have contacted me to offer any contribution towards the damage.

So I have fenced off the land in which they left there bins for collection.

They are now asking me where I think they should leave there bins on bin day.

I think you can guess my answer.

But I am now the bad guy.

[Richlist]

In London and other cities the bins are left on the pavements.