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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Moving vehicles blocking access
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<blockquote data-quote="Goweresque" data-source="post: 7011124" data-attributes="member: 818"><p>One would assume so, if its a civil matter its purely a question of damages. If your actions (ie moving the car) damage it then you are liable for any damage to the vehicle. So logically the reverse applies - any damages the landowner suffers as a result of the actions of the car owner could be claimed for. </p><p></p><p>The problem would be a) discovering who the car owner is, as you can't (legally at least) find out from the reg number, and b) proving what your losses are. If it was a clear cut case of a field of hay that was fit to bale and loss of access meant it all got rained on and ruined, then that wouldn't be too hard. But if you are just held up for half a day, but still get your harvest done in the end, how do you prove losses from that? A contractor might have a better claim for lost time, because in his business every hour the machine isn't working is lost revenue, but an owner driver can't make the same claim really. He can only claim on the loss of value of his crop, which if he completes harvest eventually is not going to be that great. </p><p></p><p>Incidentally I have a feeling that blocking someone in is more of a crime than blocking someone out. I think its because blocking access to the public highway is a crime. It might help if a car was blocking an access gate, and you could get a smaller vehicle in by another access point (perhaps that is not suitable for large vehicles) and then call the police claiming you were blocked in and need to get out.........</p></blockquote><p></p>
[QUOTE="Goweresque, post: 7011124, member: 818"] One would assume so, if its a civil matter its purely a question of damages. If your actions (ie moving the car) damage it then you are liable for any damage to the vehicle. So logically the reverse applies - any damages the landowner suffers as a result of the actions of the car owner could be claimed for. The problem would be a) discovering who the car owner is, as you can't (legally at least) find out from the reg number, and b) proving what your losses are. If it was a clear cut case of a field of hay that was fit to bale and loss of access meant it all got rained on and ruined, then that wouldn't be too hard. But if you are just held up for half a day, but still get your harvest done in the end, how do you prove losses from that? A contractor might have a better claim for lost time, because in his business every hour the machine isn't working is lost revenue, but an owner driver can't make the same claim really. He can only claim on the loss of value of his crop, which if he completes harvest eventually is not going to be that great. Incidentally I have a feeling that blocking someone in is more of a crime than blocking someone out. I think its because blocking access to the public highway is a crime. It might help if a car was blocking an access gate, and you could get a smaller vehicle in by another access point (perhaps that is not suitable for large vehicles) and then call the police claiming you were blocked in and need to get out......... [/QUOTE]
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Moving vehicles blocking access
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