A man who got out of his works van which then careered down a road and crashed through a level crossing barrier, causing over £22,000 of damage, told a court: “I wish I’d have stayed in bed.”

Jody Lovatt, 49, was on his way to work when his Vauxhall van broke down in Kirkgate, Knaresborough, York magistrates heard.

He got out of the van to try to restart it but was then distracted by his French Bulldog Reggie, who accompanied him on jobs, after his pet “did a bit of a runner”.

As Lovatt tried to retrieve his dog, the dark-grey Combo van careered down Kirkgate and crashed through a gate in the level crossing beside Knaresborough Railway Station, before smashing into a grade two-listed Victorian signal box which was attached to a terraced house, said prosecutor Kathryn Walters.

When police arrived at the scene, Lovatt claimed he had put the handbrake on before getting out of the vehicle.

He initially blamed the accident on Reggie chewing through a cable in the handbrake but later resiled from this claim and admitted driving without due care and attention and endangering the safety of persons conveyed by a railway.

He appeared for sentence at York Magistrates’ Court today (January 28).

Ms Walters said that Lovatt, of Mowbray Crescent, Kirkby Malzeard, ran a business fitting aerials and was on his way to a job to carry out installations when the accident occurred at about 6.40am on July 10 last year.

“He was driving the van along Kirkgate when the van breaks down and he tries to restart it,” she added.

“He got out and pushed it back towards the side of the road. He had his dog with him on a lead.”

Distracted by dog

As Lovatt was momentarily distracted by Reggie running away, the van rolled down the road. The runaway vehicle gathered enough speed to crash through a railway gate, onto the tracks and then crash into a wall next to the brick signal box, built in 1872, where it came to a rest.

The force of the impact caused the gate to fly into the air and land on the tracks. The works van suffered major front-end damage including a smashed bonnet. Police arrived and spoke to Lovatt at the scene which was surrounded by residential houses.

He told officers that the van had had a bit of a splutter, so he pulled over to check it and then his dog “did a bit of a runner”.

“He said he chases the dog, then turns around and the van is rolling down (the road),” added Ms Walters.

As a result of the accident, Network Rail had to cancel numerous train services between Harrogate and York during early-morning rush hour. 

'Negligence rather than incompetence'

It’s understood that nine services were fully cancelled, 14 were partially cancelled and 11 were delayed due to the incident. The major disruption had cost the rail operator £16,147.

In addition, £6,313 damage was caused to the level crossing including the damage to the barrier gate and a post.

Ms Walters said it was “more a matter of negligence and incompetence” on Lovatt’s part and not “malicious damage”.

Lovatt represented himself in court and told magistrates: “From my point of view I was trying to do something right, but it’s gone wrong, accidentally. If I could have done anything to stop it happening, I would have.”

He said he had been left with a “big claim on my insurance” to pay for all the damage caused. As a result, he had had to mothball his business and was now reliant on state benefits.

He said the incident and its consequences had caused him great “mental stress”, which was exacerbated by the thought that someone could have been killed if people had been near the level crossing.

Lovatt said he had not been able to replace his van due to the impending driving ban and insurance costs.

He said he felt pressured on the morning in question by the “bad” traffic on Great Yorkshire Show day, which delayed him getting to work.

He said that “the pressure of the situation” was heightened by “the dog trying to jump out of the van” and the fact that he was going through an “awkward divorce” at the time.

“I wish I’d have stayed in bed that day,” he added.

Motoring ban

He said he was currently on a waiting list for mental health treatment due to the stress he had been under.

Lovatt made a bid to keep his driving licence, telling magistrates he had suffered “exceptional hardship” due to mothballing his business and having to claim benefits.

He said he lived in a small village with poor public transport and he was a carer for a female friend.

Magistrates acknowledged that Lovatt was remorseful for his actions and that no-one was injured in the accident.

However, they found against his “exceptional hardship” claim and said that others would not suffer due to his losing his licence.

They fined him £120 for endangering the safety of others on a railway line and ordered him to pay £85 costs, along with a £48 statutory surcharge. They also added three points to his licence, which brought the total number to the maximum 12.

Lovatt was given a six-month motoring ban. There was no separate penalty for careless driving.