Hi,

Where I live parking can be difficult. I had my car parked for a couple of days on a public street near my home, outside a set of four apartments and when I came back to it some roof pointing had fallen and dented plus scratched the bonnet of my 3 week old car.

I got quotes for repair - £250, £350 and £550. I managed to locate details online of the company the owners had formed for maintenance/management. I contacted one of them to let them know about the issue and that they have not maintained their building.

To cut a long story short spoke to 2/3 of them or their representatives on the phone, exchanged emails etc., they won't give me details to claim off the public liability part of their buildings insurance as their excess is more than the cost of repair. They admit there is pointing that needs doing but it has not yet been fixed.

They have offered me £200 which is less than the cheapest quote - I had said I would accept £250 minimum. Their offer is marked as without prejudice and they say it is because I have not provided direct evidence - I have given them pictures of my bonnet, pointing on the floor and the roof. Two of them are adamant I don't have a claim.

I have written a letter before action, what do you think my prospects are please and is my letter written correctly? Also how long should I give them to pay? 14 calendar days? Thank you in advance.

____________________________

Letter before action - RE: Damage to vehicle from roof debris X XXXXX, XXXXX

Dear Sirs,

As you have previously been made aware, my vehicle a XXXXXX, registration number XXXX XXX was parked on the public highway adjacent to the front door of XX XXXXX XXXXX, XXXXX XXXXX from XXXXX XX over the Christmas period. The vehicle had only been in my possession three weeks having been signed over in perfect condition.

I next came back to my vehicle on XX XXXXX to find a dent in the bonnet with sand around it and scratches underneath. Some debris – ridge pointing had fallen from the roof, a piece of which has hit my bonnet and caused the damage. There were two large sections of ridge pointing missing directly in a straight line exactly above where my vehicle was parked during this time period.

The roof does not appear to have been maintained and there are further sections of ridge pointing missing closer to the gable end. I have communicated via telephone and email on several occasions with your directors and representatives and provided strong evidence of your negligence along with three quotes for the repair of my vehicle in order to put me back into my original position before the damage was sustained.

I enclose copies of these quotes once more. I requested the sum of £250 including VAT to cover the lowest quote which as yet still remains unpaid and unless I receive payment from you immediately and in any event no later than close of business on XX XXXXX XXXX, I shall start a claim against you in the County Court without giving any further warning.

When I have started the court action I shall be entitled to claim from you in addition to the unpaid £250 including VAT, the court fee (£25) plus statutory interest which is calculated at 8% per annum. I do hope that this matter can be resolved without having to issue proceedings against you and look forward to receiving payment as soon as possible.

Yours faithfully,

XXXXX XXXXX

Enc: Copies of three quotes for the repair of damage to XXXXX, XXXX XXX

The letter is ok, BUT, what evidence do you actually have that debris fell from this building causing damage to your car ?

In the absence or any proof, i doubt the buildings insurers would consider any third party liability claim. If you did issue a claim against the buildings management company, if it were defended and there was a hearing, it is possible you might be asked for evidence. I.e that morter fell from the building damaging your car.

Do you have letters or phone recordings where they have admitted liability because of buildings maintenance issues ?

The letter is ok, BUT, what evidence do you actually have that debris fell from this building causing damage to your car ?

 

In the absence or any proof, i doubt the buildings insurers would consider any third party liability claim. If you did issue a claim against the buildings management company, if it were defended and there was a hearing, it is possible you might be asked for evidence. I.e that morter fell from the building damaging your car.

 

Do you have letters or phone recordings where they have admitted liability because of buildings maintenance issues ?

Hi unclebulgaria67, I have the pictures that I took when I went to my car to drive it after it was parked next to the apartments for a couple of days. I also have the piece of mortar itself.

They have communicated mainly via email and have not admitted liability, also I don't have any phone recordings. I did speak to their insurance broker who said they would probably be looking to pay me the lowest quote if that was acceptable, but I didn't record that call.

Do you think I would lose in court then?

Thanks, chaoticj

You can try, but there is no evidence that the mortar came from that building. For sake of argument, someone may have not liked your car being parked there and picked up the mortar from the ground to throw at the car. There are other explanations, again not evidenced by anything.

Try to get their buildings insurers to settle lowest quote on probability that their poorly maintained building is most likely responsible for damaging the car, by mortar falling from the building. Threaten to report to the nearest council, as the building represents a risk to the public.