Re: Council issuse and need help drafting a letter please! ;-) Actually, parking there, KNOWING there was a dangerous sign within 'falling distance' of your car, *might* be an issue.
I think it fair to say that the council would probably not be liable for any damage caused, unless negligence could be proven (much like, if your tree fell on my car).
However, if they KNEW about the problem with the sign, and still did nothing, you could argue negligence...
The problem is, if someone else reported the sign, and you didn't know about it, you could possibly have a strong case to get the council to pay for all of your damage - since their negligence in not fixing something which they KNEW to be dangerous is the only thing to be decided, and you would merely be an innocent bystander.
However, as it was you that reported the sign to the council, yet continued to willingly park your car there, it could be argued that you have either accepted the risk, and are partly responsible for the damage to your car.
I think you need to be clear about why you continued to park there. If this were to go to court, it is the first thing you'd be questioned on. |