A relevant question on private car parks

[banz]

This is for my dad and not for me. It is really his fault so there isn't much to debate but hopefully we can get some advice on this. The car he was driving is registered under my sister name which she is living in the states.

 

My dad reversed into a private car park and accidently hit one of those parking security post. He got out the car and took a look. The post got scuff marks and the black paint came off on where he hit it. He didn't thought much of it as there was already a few scratch marks and dent on it so he got back to the car then drove off.

 

Few months or 1/2 year later my sister came back from the states and said she has been issued several letter from the company saying that they got records of my dad hitting the post and I think they wanted quite a bit of money for it. I can't remember whether she said whether it was 150 or 350 quid for it. This was all on the CCTV and apparently they said it has got a clear picture of him and the car number. They claim they had to replace the post with a brand new one. I think they sent those solicitors or small claims company after my sister as the car is registered under his name.

 

Should my dad just pay the fine since it really his fault? He just thought that they charged him way too much for it.

[DBC]

This is not a "fine" as no law was broken, I suppose he would be liable for any damage caused though. Before he pays for the damage he should insist on seeing a breakdown of the costs incurred by the parking company in replacing that sign.

[banz]

I'll ask them to do that first then.

 

Thanks!

[Bernie_the_Bolt]

When you write head the letter "Without Prejudice".

[banz]

When you write head the letter "Without Prejudice".

 

Ah yes, that would probably be better. I spoke to my dad and he is more than happy to pay as it was his fault for reversing into it.

[My Real Name]

You might ask for evidence that the pillar was actually broken, and that it required replacing. And then you might ask for the various quotes received for installing a new pillar.

 

Your father might be willing to pay for the damage, which is admirable, but there's no reason for him to be taken for a ride.

[Andy77799]

So theoretically it didnt need replacing only re painting???

[banz]

So theoretically it didnt need replacing only re painting???

 

I wasn't there at the time so I don't know. But my dad is a honest and humble person so I believe what he said was true. There was barely any visible scratch to the bumper on the car at all so I really doubt it has done much damage. I have a feeling that they used this incident to replace it but I wasn't there so it is only my opinion. My dad has retired and hasn't got that much money so I'll be paying for him. But I'll definitely ask for evidence to proof that it is damaged beyond repair. I did went afterwards to check the pillar and they are massive as thick as a lamp post so if he had hit it hard there would've been a dent on the car.

 

Anyway just as "My Real Name" says, I don't want my dad to be ripped off if it is only a paint job.

[diskmandave]

This was all on the CCTV and apparently they said it has got a clear picture of him and the car number. They claim they had to replace the post with a brand new one.

 

If the CCTV is so clear it should show the alleged impact...?

 

Receipts for materials...?

 

Copy of Quotes for work undertaken and lowest estimate used...?

 

Time to ask for all of the above methinks!!

 

Anyone can send a bill for £350 without proof!! Why

weren't the Police involved if it was SO BAD and there

is irrefutable CCTV evidence, after all, this is leaving

the scene of an accident and failing to report it too?!!

 

CCTV can be obtained by SAR if they refuse..

Without it, I doubt the claim would hold much water..

[filthysurfer]

Has your dad been back to see if it's been replaced?

[Bernie_the_Bolt]

If the CCTV is so clear it should show the alleged impact...?

 

Receipts for materials...?

 

Copy of Quotes for work undertaken and lowest estimate used...?

 

Time to ask for all of the above methinks!!

 

Anyone can send a bill for £350 without proof!! Why

weren't the Police involved if it was SO BAD and there

is irrefutable CCTV evidence, after all, this is leaving

the scene of an accident and failing to report it too?!!

 

CCTV can be obtained by SAR if they refuse..

Without it, I doubt the claim would hold much water..

 

Yes but you need to ask one bit at a time.

 

That way you can build up to an answer that they have failed in their common law duty to mitigate their loss and have failed to provide you with an opportunity to examine the unrepaire damage.

[lamma]

sister wasn't driving and was out of the country. she should tell them that. and only that (while denying their claim).

[banz]

Has your dad been back to see if it's been replaced?

 

I'm not sure, will ask him when I have a chance.

 

sister wasn't driving and was out of the country. she should tell them that. and only that (while denying their claim).

 

If it was me I would've probably try to get away with it since my gut instincts is that they are making a big deal out of this and taking an advantage of the incident. But my dad strongly believes in karma and throughout his life he always try and do things right so he kept telling me to just let it go. He is slightly worried that I might make matter worse if I **** the company off and we will end up paying more or go to the court for it.

 

Thank you all for the support and advices. I would've fight hard for it but after all he did reverse into the pillar and done some damage. I'll try and negotiate to see if they are willing to reduce the cost or at least show evidence of the work that has been done.

[pin1onu]

Just remember that they are not allowed to make a profit. Any "damages" paid should re-imburse the costs and nothing more. They cannot add penalties of any sort.

[Al27]

If it was me I would've probably try to get away with it since my gut instincts is that they are making a big deal out of this and taking an advantage of the incident. But my dad strongly believes in karma and throughout his life he always try and do things right so he kept telling me to just let it go. He is slightly worried that I might make matter worse if I **** the company off and we will end up paying more or go to the court for it.

 

Thank you all for the support and advices. I would've fight hard for it but after all he did reverse into the pillar and done some damage. I'll try and negotiate to see if they are willing to reduce the cost or at least show evidence of the work that has been done.

 

Fair enough, but you would be entitled to see an invoice for work completed. Insurance companies usually get 2 or 3 and pay the cheapest.

 

If they refuse and your dad really wants to put it right, I would suggest he obtains a written quote himself.