Thread: Car damaged on communual parking area by Management Company

THis post was originally on landlord/tenant but I received advise there to post it here. Hopefully someone here can help me out.

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Hi All

I have a query regarding related to problems a friend has with his management company of the flat he rents.

The property rented has a communual car park with spaces for around 60 cars to cover 40 dwellings. There is only a discreet sign at the entranc stating 'private property no thorough fare'. As often happens with available space people have been known to dump cars and than the management company sends around a request saying

"Hey, is anyone repsonsible for these vehicles? If not we are going to remove them on xxxx date. If you are responsible, please get in touch with us and show insurance documents. Any untaxed vehicles will be removed anyway."

In the past everything seems to have worked well with abandoned cars being removed and hazards cleared from the communual area.
My friend cannot drive himself (yet), but he does own a car for the family and was doing it up as a hobby project. The car had a valid MOT and TAX disc expiring at the end of that month, and the car had dull paintwork as it had been left in the sun by its previous owner. The bonnet had that lovely plastic film that protects so well until it breaks down and looks like sunburn peeling.

No major mechanics or rebuilding was done on the car park, just cosmetic preparation and interiour seats. This was always done within a day and without disrupting others.

A letter was sent around regarding neglected/abandonded vehicles. This one, as it was taxed and insured, was not on the list.

My friend happened to be in and got a frantic knock on the door from a distressed neighbour. They were concerned because a recovery vehicle was seen attacking his car. When the recovery people were approached a snotty 16 year old trainee basically said we can do what we want we have to remove all abandoned vehicles. The elder chap with him did not rain him on his foul manners and did not attempt to stop the process.

When my friend pointed out that the car was taxed it was already to late. They had gripped the top of the car and smashed through the sunroof!!!! My friend asked the team for proof of paperwork, they flashed something in a hurry which looked handscribbled and even though he asked for a chance to read it, this was not done.

Eventually the neighbour also intervened and managed to unhook the vehicle as he was on the phone to the police.

This all happened in August 2005. Since then my friend has written to the management company who engaged this recovery team and who therefore must have liability. The management company keeps fobbing off and try to pass it to the recovery company. This circle keeps on going backwards and forwards without any results. The damage to a perfect, although cosmetically tired car, has been to such an extend that its is rended useless. Especially due to the heavy rain, the inside leather has now perished. The car was probably worth £2500, the damage is in the region of £4000!!!

As the management company has not provided any insurance details to claim against, my friends insurers wont touch it.

At present, my friend is considering charing the management company with vandalism and destruction of property.

The difficulty is that my friends rent his flat and has already had a tough year personally. He can use any help he can to solve this problem which is nagging on the background.

Basically what I am looking for is to get the right procedures to give to my friend.

• Who is responsible for the damage to the car?
• Whose insurance details are necessary to claim against?
• Is it worth involving the police (there is a case number due to neighbours proactive call)?
• Can we sue the management company for the damage/loses?

Any help would be very much appreciated, although I hope no one really had a similar experience as I can see it stresses out my friend.

Thanks
TallOrder

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(reposted from original thread)

I'm afraid that I can't give any useful advice, but am posting to say that this removal of supposedly abandoned vehicles is common practice with management agencies. When my OH was involved in an accident and the car was written off, we kept it in our allocated space while the insurers fought amongst themselves. The tax ran out in the meantime and so it was SORN'd, all nice and legal-like - the front of the car was a wreck, though, and led to them thinking that it had been abandoned. They sent a letter 'round to my OH's parents (as it was still registered there, hadn't got around to changing it) saying that the car had been abandoned and that if they didn't collect it within (something like) 3 days, they were going to remove it whether they liked it or not. They never even bothered to ring our bell and ask if the car belonged to us! Even though it was in our allocated space! We had nowhere to put it, nowhere to store it until the insurance said that we could get rid of it... we rang the number on the letter and got some snotty mare on the other end, who, when we explained that it was our car, was SORN'd, and was awaiting an insurance decision, told us that it was an eyesore, was detrimental to 'the look of the area', that the management agency was only answerable to the landlord, and that we had to remove it anyway.
I wanted to fight it - what a cheek! telling us that we couldn't park our own car in our own allocated space, no matter what state it was in! - and was fuming. OH panicked. We contacted the insurers, who gave the go-ahead, had it scrapped within the week, got nothing for it, and then the insurers turned around and said that we shouldn't have scrapped it because they still needed it! All that hassle and stress just because some management agency cow was wearing her cow-hat that day.
Anyway, I'm sure that they had no right to demand that, as I'm sure that they had no right to just up and crush your friend's car. It may be a help to speak to your friend's landlord and try and get a look at the contract that he has with the management agency, to see if there's some stupid clause about 'upkeep of the area' -

Actually, is the management contract with the landlord, or your friend? If it's with the landlord, you may want to get him/her onside with this, as they're the one that the agreement to maintain the area (read: move cars) is with. Someone more experienced in contract law may want to take a look at this - the management company are liable for the damage as their agents (the removal company) were the cause - however you just need to double-check that your claim should be against the management company itself and not the landlord, as the company are the agents of the landlord...that's why I suggest waiting for more advice

PS - he's got a great neighbour

Thanks for the info DXS, yes, there are really great folk still around!

The landlord hired the management folk as far as I am aware, but there is no option NOT to use them in the tenancy.

As far as I can see, the people who damaged the car were sub-contracted by the management team and are therefore their 'employees' for the duration of their work.

To date nothing satisfactory has been recieved.

The car meanwhile, thanks to recent storms is now becoming a serious concern for my friend who is worried children or animals might get stuck inside.

Cheers

TallOrder

More on this saga:

Car has been checked regularly and was last checked on Thursday.

Today, Sunday, the car is not there .


Recently there have been people from the management company around with questionaires relating to customer service, perhaps this has something to do with it.

The vehicle in question was still insured and had a SORN notice although the SORN disc could not be fitted to the vehicle as the damage caused by the Management company made it impossibile to access the car.

Any suggestions what to do?

I have adviced my friend to go to the police to report the car stolen, although we both have suspicion the management company has ordered the removal of the car. After all the doors wont open, there is a lot of damage, so who would steal a car like that ???

Thanks