Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Damaged windscreen by council mower

    Apologies if this is not the right forum to ask for advice but I couldn't see any alternative.

    As if I wasn't having a bad already... I was driving home when I heard a whack as a stone hit my windscreen, causing a spider crack - with no other cars nearby I can only assume it was projected by the ride-on mower cutting the grass verge I'd just passed.

    Now they say lightning doesn't strike twice but would you believe that about this time last year the very same thing happened!!!! On the same road!!!

    For the previous damage claim, I put the details in a letter but their insurers ignored my claim presumably as I had no witness, didn't stop and discuss it with the council worker repsonsible etc, etc. It didn't help matters that I'd agreed to sell the car that very evening and had to reduce the asking price by £100! So they got away scot-free with that one.

    So this time, I'm determined not to let them get away with it, hence my post here. Like last time, again I went to the local council offices to complain and was told to write into a different department giving as much detail as possible. As per last time, I have no witness, let alone an independent one but this time I did stop to ask/take the badge name of the council worker and the registration of his lowloader van just in case of later denial. He was amiable enough and I expect he will confirm we had a chat, if asked.

    All advise gratefully recieved.


  2. #2
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    Default Re: Damaged windscreen by council mower

    I had exactly the same thing happen, I put in a claim and it got paid, no problem.
    Tell them the time and date and how much and by whome the windcreen will be replaced by and hopefully your will be reimbursed with no problem.


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    Default Re: Damaged windscreen by council mower

    I didn't have time to get a windscreen repair quote but most services say you have to go through your insurance and I'm not willing to have another non-fault claim have to be declared for the next five years as I firmly believe it does affect my premium, despite claims otherwise.

    It's been nearly a month now and I've had no reply and I'm not happy as the MOT has come and gone and it failed on other work needed which I have yet to know if it's economically worth repairing.

    Please advise, I'm sick of big corporations walking all over me.


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    Default Re: Damaged windscreen by council mower

    I'm sick of big corporations walking all over me.
    Aren't we all.

    Is the work worth doing. It depends on a few things. Are you happy with the car, how much the work is going to cost and what can you get in it's place for the costs of the repairs.

    In answer to the last point, probably not very much, so that answers the main point, yes it probably is worth doing unless you are going to be forking out the same amount year after year.

    You will have to keep pressing them. As you said he was amiable, write (recorded) and ask him how your claim is going in the same amiable manner as he spoke to you.
    If you get no joy or a sod off, then you must become more demanding and official and make him aware that you will be willing to go to court to enforce your claim.


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    Default Re: Damaged windscreen by council mower

    You're right, I should just a second letter making it more formal this time as I took the last letter by hand, only to find the person out of the office at the time.

    It's a silly little crack (didn't even feature in the MOT failure note) that could have the invisible repair done for free via my insurance.

    Thanks connif.


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    Default Re: Damaged windscreen by council mower

    You're going to like this one...

    I just took a call from the Council's insurers where I was told they will not be accepting my claim as they were not negligent. Her reasoning being that all Council equipment are fitted with protective covers which I assume reduce the chances of projectiles but obviously not completely and the mower in question does have such protection.

    Am I missing something here?

    To be honest, as the MOT didn't even pick up on the small windscreen crack I'm inclined not to chase this one - I get over-anxious and find such fights exhausting and a waste of time and money.


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    Default Re: Damaged windscreen by council mower

    I wonder if companies get away with that reply when an employee is taking them to court because they caught their hand in a machine that had a guard.
    They will try anything to get out of paying. Don't leave it there. No matter if it did pass the MoT, it will creap over the months and potholes and speedbumps.

    Get a quote for replacement on letterheaded paper and copy and send it to them. Tell them that any further delay in payment will result in a court claim.
    No please/thank you's, just straight forward formal demands.

    Send it recorded, don't want them using the old 'never received it' excuse.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE