Liability of car park!! PLEASE HELP!

[shoemonster21]

HI there, i wonder if anyone can help me, basically, we went out for a meal at a large sizzler pub in the week and whilst standing outside in the smoking area we were approached by an iraqi gentleman who bumped into my side. The manager of the pub then told the gentleman to leave and asked if me and my sister-in-law were ok, we replied yes and were then approached by a lady manager whom explained they had told him to leave the pub all day. We thought really nothing of it and sat back inside and tucked into our food. About half an hour later the lady manager approached us to ask whether we owned a silver BMW as it had been damaged in the car park, we all ran outside to find the gentleman who had approached us earlier had ripped the electric wingmirrors off the car and dented all the side along with 4 other cars. He was being detained in a police car. We then were contacted by the police whom have said they believe him to be an illegal immigrant, thus advised us to contact our insurer for the claim. We have now done that and they say that it will not affect our no claims discount but we have to pay £400 excess. I asked the police is there any way i could claim this excess amount back and they have basically said that it is highly unlikely, he then said I should look to the pub itself for some help. So i drove back to the car park this morning, which is a huge space but it has no clear signs stating that they are not responsible for any damages at the car park, however, it does have one small sign hidden in a bush saying something along these lines, but it is definitely not visable.

"This carpark is only open during licensed hours only and is for the sole use of customers of the public house. This car park is under 24hour CCTV surveilance no liability for injury, loss or damage arising from the use of this facility unless prescribed by law" Highways Act 1989

I have taken pics to show this. I was wondering whether it would be worth persuing a claim against the pub, i mean, i blame them too at the minute as we complained about this gentleman and feel they should have removed him from the entire premises, not pushed him out into a car park full of customers vehicles, infact i think that was a stupid idea. Please please please, if anyone could help me i would be greatly appreciated! I literally have been crying since, gemma x

[old_andrew2007]

You could trying writing to the owners asking assistance to pay for repairs, IMHO you would not be successful in a civil case.
Sounds like an unpleasant experience, really apart from putting down to experience there is little you can do.

Andy

[The_Grumlin]

Have you asked for a copy of CCTV tape?

[palomino]

I suspect you might not get too far with this tack. Can you honestly say that you would not have parked there if you had seen the notice?

And if you had parked on the street and the pub had evicted the man onto the street and he then damaged your car, where would you be? Could you blame the council for not warning that potential vandals could be walking the streets?

I very much sympathise with your predicament (I've been in a similar situation myself) but it appears there is no-one to blame from whom you could recover your £400 excess. Obviously the miscreant can't or won't help even if he is traceable.

I think you have to take this episode on the chin - sometimes life isn't fair.

Maybe you can get your excess reduced just in case something like this happens again.

[surfaceagentx20]

If I'm reading your post right, the Iraqi caused the damage deliberately to your car and a few others. He'd bumped into you personally,. You'd been advised in so many words thay the guy had been a menace all day, but 'thought nothing of it,' went inside and left your car in the car park.

The damage to your car was not owing to, for example, the restaurant's car park design meant getting in or out of a car park space was so tricky there was a collision waiting to happen or something similar where you could point the finger at the restaurant and argue negligence or breach on their part. The damage here was an outright criminal act.

To succeed in a situation like this it will be necessary to show
[1] the restaurant owed you a duty to protect your car whilst it was on their car park from criminals intent on causing it damage,
[2] that they failed in that duty by not doing something you will have to prove they ought reasonably to have done and that therefore
[3] the restaurant is liable for the loss you suffered.

Given that you had been advised yourself that the guy was a menace but thought nothing of it, what is it you say would have so alerted the restaurant to take steps (and if so what steps?) to protect your car from the risk the menace might damage it?

Unless you can come it with something really persuasive I think it's a pretty tall order and your prospects are weak.

x20

[shoemonster21]

Thanks guys for all your comments. With regards to myself leaving the car there, i honestly thought when the land lady of the pub told be he had been causing a nusiance all day that they were phoning the police or removing him from the premises, i never at once imagined that they would just push him outside and leave him angry in the car park with all of our cars. If i had known that i would have demanded that they have him removed because i think thats an accident waiting to happen. With regards to the sign, i would have parked in the carpark, i was just pointing it out as i believe those clauses are nonsense and surely the pub must owe a duty of care to yourselves if you are going to dine at their premises. The company is the group "Sizzling", so maybe they wont want the bad publicity from it. I think its worth going for it tho, im 24 worked since i was 16 and have neevr had any sort of handout and i just feel that even tho life is sometimes unfairly just, this is like daylight robbery, i mean theyve caught the criminal and because he's an immigrant im out of pocket. Does anyone know any sort of law regarding to private parking on land and whether the owners owe a duty of care to people on them???

But thanks guys to all your comments so far, your really making me question everything ready for a court battle, i think its best to way up all the against and for things. Please please please keep the adice coming, i appreciate it so much! x

[shoemonster21]

I havent asked for the CCTV yet, but they have got him caught on camera, do you think is hould ask for a copy of it? x

[palomino]

Shoemaster, there's nothing to stop you asking the pub if they can see their way to helping out. I would do it very courteously and politely because if take the aggressive approach you will only antagonise them and make them more unlikely to try and help.
Remember you have a very weak position to negotiate from.

I'm not sure what you will gain from having the CCTV tape other than seeing the deed actually done. You already know who did it and maybe he has some money you could get. Has your insurance company shown any interest in pursuing this avenue?

[shoemonster21]

Theres no chance of getting anything back from the guy as he isnt supposed to be in this country, he's here illegally so they say, still trying to validate this tho as the gentleman refuses to speak english and is making things difficult for the police.

I think your right about writing a letter to the pub tho, they are a 'Sizzlers' group so might help me as to not to damage their reputation. have you guys any advice on what i should put in the letter or how i should word it.

Thanks again everyone, i trully appreciate your help! x x x x