Legal issue with county council

[CJScat]

Not sure if this is the correct place for this thread but...

I parked my car in a staff car park and at the school I work at.

 

I was fetched to the office to speak to a man(contracted for landscape work),he had been mowing the school's grassed area's on a ride-on mower for County Council.

 

He he said he was very sorry,but a stone had flipped up from the underside of the guard of his mower,this had completely smashed out a window in my car.

 

He had come into school straight away and admitted the incident to three members of staff in the office. Then had apologised to me in front of the same three witnesses on my arrival in the office.

 

He asked for a pen and paper and gave me his name and his boss's name and number.He apologised again and reminded me to phone the council for a claim form as soon as I could.

 

I phoned to request a claim form within minutes of speaking to him.

 

I spoke to a lady in the legal department at the County Council who I found to be very curt.She told me I had to get the window fixed myself and await a claim form.

 

As I cleared the glass from under the car and the window frame,the same workman left his mower and came over to check if i was ok,he pointed to the area he had been mowing at the time of the incident ,he said that,''although a guard is fitted,from time to time unfortunatley stone's do fly out from under the mower.''He apologised again and went back to work.

 

I lost pay that day as I had to go home ,plus the window cost £218.86

 

My claim was rejected because they tell me the workmen had carried out a risk assessment of checking the area prior to mowing and a guard is fitted to the mower.

 

I sent an e-mail that day clearly reminding them of his admission in front of witnesses.

 

I have now recieved an e-mail back explaining that after reviewing my file they stand by the original denial of liability. They say''Although the operator of the mower admitted to the incident occurring,this is not an admission of liability.''and ''all resonable steps were taken to prevent such accidents from happening.Therefore the Authority has not been negligent on this occasion.''

 

I can't afford expensive legal action,but wish to reclaim the cost of that day.

 

Any tips would be appreciated.

[rebel11]

Hi CJ

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

[Ganymede]

I think you'll struggle to prove negligence against the Council.

 

Sounds like an unfortunate accident.

[crabbingtime]

Was the workman employed by the Council or was he a contractor?