Car Park Damage - From the actual car park...

[abarthchris]

I was in manchester on thursday last week on a course and decided to park at the Dale St car park, which is owned by Town Center Car Parks. This park is an open space of land which looks like it used to be a building. Anyway, I was directed to park at the far end by an attendant which happened to be right next to a peice of temporary boarding which was supported by two scaffolding poles.

Well, Thursday was the really windy day in manc and when i returned to my car i find one of the poles on the floor with a large dent and scratches in my wing and bonnet. I reported this immediately to the attendant who viewed the car and said 'ok, we'll get you a claim form in the morning'

I went back the next day and the space where i had parked was cordoned off. I got a claim form off them, filled it in and handed it in.

What chance do i have off recovering damages? it looks like i need a new front wing...

Any help would be grealty appreciated!

Cheers
Chris

[tigger1]

Did you "park at your own risk"?

Was it their property that fell on your car?

[TPS]

I would keep a copy of all the letters you send and the claim form.I would also take or have taken photos of the damage to your car and the car park area as well.If you took a photo of the area coned off it would prove they know there is a problem.I am thinking along the lines of produce and keep as much evidence as possible.Are there any signs saying cars left at owners risk if not photograph walls etc in case new ones get put up.Im not sure how it works even if there are signs up because i would have thought this relates to members of the public damaging your car not damage from the owners themselfs.I hope it goes ok for you though and they pay up.

[abarthchris]

I have taken a couple of pics but only on a camera phone. There werent any immediately noticeable signs saying 'park at you own risk' at the entrance, and only a small T&C on the notice by the office.

It was their property, it was a rickety contraption trying to keep people from parking for free. The pole that fell on my car was about 15 feet long and was not secured into the ground!

Funnily enough, one of the attendants said " i know its no consolation, but at least we may finally get a decent fence..."

im going to ring them this afternoon. Cheers

[Parrot of Doom]

'Park at your own risk' refers to damage from other vehicles and theft, does it not?

If their property has damaged your vehicle, I can't see why they wouldn't be liable for it. Otherwise a parking attendant checking your car for a ticket who scratched the side could say "not my fault guv, terms and conditions".

[Dwight VanDriver]

Any small print on the actual ticket ?

dvd

[abarthchris]

Ive just spoken to the company and they want me to send all the details via a letter including my insurance details. now, i dont want insurance involved as i dont want to make a claim. Any ideas as to what should go into the letter?

Obviously all the details but anything else?

[TPS]

They may want to go through your insurance,or they may want prove you have insurance if there looking for ways to get out.The way i understand it is you must report all accidents to your insurance company when they happen wether to blame or not.Its like when you are getting a qoute and they ask have you had any accidents in the last 3 years wether to blame or not.I may be wrong on this though just my thoughts.

[bleesh]

I think that any car park that charges you has a duty of care/legal obligation
to look after your vehicle, despite what any words to the effect that
you "park at your own risk" may imply.
Something about "reasonable contracts" I think.....?????

Steve

[Iceman82]

Contractually binding obligations are usually posted up around the car park. It is perfectly fair for the car park to post up signs such as " No Liability accepted re. damage or loss to any cars parked here". However, this usually relates to damage from 3rd parties not from the car park itself. If, as you stated, the only sign was the small T&Cs at the office then you have a case for persuing liability should they try and shirk responsibility. They need to have signs up regarding their liability position if they want to get out of it. As Dwight mentioned, check the ticket you got when you entered. If there are any terms on that ticket referring to liability, you are bound by them. However, by the sounds of it they may well be ok for paying up.

[abarthchris]

Iceman82 said:

Contractually binding obligations are usually posted up around the car park. It is perfectly fair for the car park to post up signs such as " No Liability accepted re. damage or loss to any cars parked here". However, this usually relates to damage from 3rd parties not from the car park itself. If, as you stated, the only sign was the small T&Cs at the office then you have a case for persuing liability should they try and shirk responsibility. They need to have signs up regarding their liability position if they want to get out of it. As Dwight mentioned, check the ticket you got when you entered. If there are any terms on that ticket referring to liability, you are bound by them. However, by the sounds of it they may well be ok for paying up.

Cheers guys,

There are no T&C's on the ticket, nor are there any exclusion clauses displayed around the car park. The only notice is a small amount of writing on a sign on the paybooth which cant be seen as yuo pull up to the window.

I did contract law at A level, so i no a miniscule amount about exclusion clauses and signs being displayed etc. and in this case there werent any about and IMO the T&C's on the entrance were too small to be read in a reasonable timeframe bearing in mind there was a queue of traffic behind.

Ill document everything, inc pics, copy of the ticket etc and a diagram of where i was and then see how it goes! cheers

[SpudGunner]

My wife had an incident in the car park where she works in Bracknell a couple of weeks ago

She has a season ticket, popped it inthe machine at exit point, lights went green, she drives forwards and then suddenly red light comes on and at that point the ramp/barrier comes back out of the floor and hits the front of her car.

Spoke to car park manager who insisted that machine could not go wrong. Got them to look at cctv and luckily it does show the machine went wrong.

Now being dealt with by insurance but what a hassle, loads of paperwork to fill in all for a cracked bodykit.

Hope you get yours sorted ok.

[Nuggs]

While signage is important (see Lord Denning and the Red Hand Rule etc), there are plenty of other factors too. A number of tests will be run under UCTA1977 to determine whether any exclusion was reasonable. Hit them with everything you have, compile a dossier of information (include ticket, photo of any exclusion notice and photos of the carpark. IMO they will owe some level of duty to those that enter qua paying parker and on the facts, it sounds like that was breached...

[bluepolarbear]

bleesh said:

I think that any car park that charges you has a duty of care/legal obligation
to look after your vehicle, despite what any words to the effect that
you "park at your own risk" may imply.
Something about "reasonable contracts" I think.....?????

Steve

You can't sign away legal obligations within a contract. If it is there property and it has damaged your property claim from them.

[Nuggs]

bluepolarbear said:

You can't sign away legal obligations within a contract.

Yes you can (within certain boundaries).

[keithyboy]

Disclaimers about parking at your own risk etc etc DO NOT absolve the car park themselves of having a duty of car to their customers and their property (i.e. you and your car). IMHO for them to allow you to park in an area where your car is potentially at risk of damage by improperly or inadequately secured objects placed there by persons under their control (e.g. contractors or employees) is them NOT taking reasonable care so they then place themselves at risk for a damages claim by your goodself. Collect all the evidence, take photos, make notes of any conversation's you've had with employees and copy everything you send to them. Good Luck (btw - I would make damn sure your insurance company doesn't settle the claim on your behalf - get theirs to settle it, they were at fault!)