Car park shutters scrape roof
Discussion
Hi guys
Where my mrs works, the car part height is 2.0 metres. She has never had a problem parking in there before with the 4x4. However today, they had not fully opened the shutters and it has scraped the roof. The building manager was quite sympathetic and said the night security who opened it before leaving obviously did not open it fully.
Is there any legal stance for making them pay for the respray of the roof?
Thanks
Where my mrs works, the car part height is 2.0 metres. She has never had a problem parking in there before with the 4x4. However today, they had not fully opened the shutters and it has scraped the roof. The building manager was quite sympathetic and said the night security who opened it before leaving obviously did not open it fully.
Is there any legal stance for making them pay for the respray of the roof?
Thanks
curlie467 said:
Possibly, he has admitted they didn't open them but don't know if that gives you any leverage.
I hope you b
ked her for not paying any attention! 
LOL I blazed her fully, got it out of my system, never heard her call so scared to tell me..but what's happened has happened now I hope you b
ked her for not paying any attention! 
Wouldn't have happened if she had an E-class estate 
Isn't your mrs. better off claiming on her own insurance in this case rather than potentially pissing off her employers? It seems to me it'll be quite a bit of effort to establish and agree liability and then make them pay up when it'll only cost her a (hopefully small) excess?
Isn't your mrs. better off claiming on her own insurance in this case rather than potentially pissing off her employers? It seems to me it'll be quite a bit of effort to establish and agree liability and then make them pay up when it'll only cost her a (hopefully small) excess?
I rather suspect the legal position is that she should have been looking where she was going. It's not really very different to driving into a gate which is only half open then complaining that the car had always fit through the gap when the gate was fully open.
It is a bit of an arse to judge the height of things though because it's so rarely a problem; I can see how she made the mistake.
I guess if there's an explicit height marker, you might have a reasonable complaint.
It is a bit of an arse to judge the height of things though because it's so rarely a problem; I can see how she made the mistake.
I guess if there's an explicit height marker, you might have a reasonable complaint.
BritishRacinGrin said:
Wouldn't have happened if she had an E-class estate
Isn't your mrs. better off claiming on her own insurance in this case rather than potentially pissing off her employers? It seems to me it'll be quite a bit of effort to establish and agree liability and then make them pay up when it'll only cost her a (hopefully small) excess?
Hi Grin haha, she has an e class herself, but today I told her to take my car, which has always fitted fine before. but as Vaud says, it should be 2.0 metres, not any less. It won't cause an issue with her employer as its many companies in one building and not her employers building . Ahh well, whats done is done, extra unnecessary cost it is..probably better to pay myself than do insurance hassle.Isn't your mrs. better off claiming on her own insurance in this case rather than potentially pissing off her employers? It seems to me it'll be quite a bit of effort to establish and agree liability and then make them pay up when it'll only cost her a (hopefully small) excess?
I don't see this has her mistake at all.
She has had no problem in the past, there is a height indicator and the Carp Park have admitted that the shutter was not fully up.
Its not her job to maintain the stated 2m. Its not so easy to judge height clearance and unless the shutter was clearly visible and lower, why would she expect a problem.
Having said that, it depends who she works for as to their attitude to her problem.
Good luck and hope it doesn't cost you too expensive.
She has had no problem in the past, there is a height indicator and the Carp Park have admitted that the shutter was not fully up.
Its not her job to maintain the stated 2m. Its not so easy to judge height clearance and unless the shutter was clearly visible and lower, why would she expect a problem.
Having said that, it depends who she works for as to their attitude to her problem.
Good luck and hope it doesn't cost you too expensive.
I would think it depends on the difference between the normal open night and the height it was when she tried to go under it. If she is accustomed to a certain height and it was only a few inches lower I doubt anyone would be able to tell.
On the other hand, if the difference can be measured in feet then she wasn't paying enough attention and the fault lies with her.
On the other hand, if the difference can be measured in feet then she wasn't paying enough attention and the fault lies with her.
Is the car park entrance signed at 2M and is there a 'warning' height marker or similar before you go in to stop vehicles over 2M entering?
Imo, nothing to be lost by contacting the car park management company to see what they say v paying for it yourself and finding that they would have paid for it anyway.
Imo, nothing to be lost by contacting the car park management company to see what they say v paying for it yourself and finding that they would have paid for it anyway.
so called said:
I don't see this has her mistake at all.
She has had no problem in the past, there is a height indicator and the Carp Park have admitted that the shutter was not fully up.
Its not her job to maintain the stated 2m. Its not so easy to judge height clearance and unless the shutter was clearly visible and lower, why would she expect a problem.
Having said that, it depends who she works for as to their attitude to her problem.
Good luck and hope it doesn't cost you too expensive.
cheers so called...one of the managers just mentioned that he will back her up as he's complained twice about the shutter issue tooShe has had no problem in the past, there is a height indicator and the Carp Park have admitted that the shutter was not fully up.
Its not her job to maintain the stated 2m. Its not so easy to judge height clearance and unless the shutter was clearly visible and lower, why would she expect a problem.
Having said that, it depends who she works for as to their attitude to her problem.
Good luck and hope it doesn't cost you too expensive.
Speedracer329 said:
I would think it depends on the difference between the normal open night and the height it was when she tried to go under it. If she is accustomed to a certain height and it was only a few inches lower I doubt anyone would be able to tell.
On the other hand, if the difference can be measured in feet then she wasn't paying enough attention and the fault lies with her.
yeah its light scratches, not a dented or pulled back roof, so was defo few inchesOn the other hand, if the difference can be measured in feet then she wasn't paying enough attention and the fault lies with her.
KTF said:
Is the car park entrance signed at 2M and is there a 'warning' height marker or similar before you go in to stop vehicles over 2M entering?
Imo, nothing to be lost by contacting the car park management company to see what they say v paying for it yourself and finding that they would have paid for it anyway.
Hi KTF, yep signed at 2m and then has those black and yellow bars suspended too. The car has always fitted fine before and goes round the car park happily...just not today because of the shutters being lowerImo, nothing to be lost by contacting the car park management company to see what they say v paying for it yourself and finding that they would have paid for it anyway.
kambites said:
I rather suspect the legal position is that she should have been looking where she was going. It's not really very different to driving into a gate which is only half open then complaining that the car had always fit through the gap when the gate was fully open.
This, absolutely. kambites said:
I guess if there's an explicit height marker, you might have a reasonable complaint.
Exactly the same as if there was a width marker next to the partially-open gate.TooMany2cvs said:
Exactly the same as if there was a width marker next to the partially-open gate.
Is it?It's very obvious is a gate isn't open. It's far less obvious that a shutter hasn't been retracted fully.
I don't actually recall seeing gates which state the width - but every height restriction has signage indicating clearance and I assume this is some kind of legal requirement? If the sign says 2m and actual clearance is 1.9m due to human error then surely there should be some liability. Otherwise all height restriction signage is utterly pointless?
TooMany2cvs said:
Depends whether you bother looking or not. It's usually very obvious if a roller shutter is partially lowered, reducing the available height.
depends how much its lowered by...she may have only had 2cm clearance before, you telling me when approaching you could see whether the shutter was 2.1cm lower?
She needs to speak to her employer as the shutter was not fully raised to the signposted height.
Gassing Station | General Gassing | Top of Page | What's New | My Stuff