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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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bobthebuilder69

DIY store trolley in their car park failed - rolled away and hit another car - who's liable?

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Just moved house and

 

was at the local DIY store whose car park is on a bit of a slope and has signs everywhere,

used one of their provided trolleys to get a pile of DIY stuff,

 

got out to the car put the brake on, put baby in the back whilst doing this the trolley rolled off and bumped into someones car,

 

they were not happy,

 

i reported the failure of the brake to the staff at the DIY store

 

am i liable for the damage to the other car?

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Both you and the other driver should go into the store and speak to the manager, if the brake on the trolley is faulty then IMO it is the stores liability.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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yes def.

 

if a brake is fitted and it did not work

 

hope you can identify which trolley it was

 

p'haps there is CCTV the manager can view too?

 

dx


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IMHO the OP is responsible, as you used the trolley and had control of it; having said that I would certainly try to put the blame on the store as providing a faulty trolley.

You would have to prove the trolley was defective.

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Sleeper cell is active today!!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I think the proof of negligence is the hard one.

was the diy store responsible for the possible faulty trolly brake ?? "even though they didn't know about??

were you responsible for not returning it to the area from which you collected it from?/ and did you make sure the trolley would not roll away before you left it do put your child in the vehicle?.

hard one to call,good luck.

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yes ofcourse they are responsible for the faulty brake knowing about it or otherwise

 

good pearls of wisdom there...

 

H+S . duty of care

 

dx


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yes ofcourse they are responsible for the faulty brake knowing about it or otherwise

 

good pearls of wisdom there...

 

H+S . duty of care

 

dx

 

I'm not sure the fault would lie squarely with the retailer, though. The user would have a duty to use the trolley with reasonable skill too. I'm not sure it's a very clear cut situation at all.

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Interesting points, very interesting to add..

 

The brake failed after it was applied (applied following the instructions provided (sign)) I have no mechanical knowledge to 'test' the brake to know if it was defective or not therefore surely it is the responsibility of the store to ensure the manual handling equipment was correctly maintained?

 

Today the other party has sent what i judge to be a 'fake' solicitors letter, not signed or dated, no name of the solicitor or address of the solicitor, no registration details, not on headed paper on cheap copier / printing paper (you can see through it) and alot of the vocabulary used in the letter is not as a solicitor would use.

 

Is it a crime / offence to impersonate a solicitor?

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what does it say !

p.s just another thought I assume you had the third party involved confirm with you that the said brake was faulty,not just applied in an incorrect manor?.

I think this is what you will be up against,unless again said trolly can be called as a witness." showing it is faulty" obviously not in person.

Edited by themagician

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How much damage we talking about, did op take photos?

Maybe worth seeing if TP is willing to proceed to court.

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ive googled the address on the letter stating acting for our client, its a residential address, the letters contents are poor and the vocabulary isnt that of a solicitor, and surely an un-signed / un-dated letter has no credence anyhow.

 

The damage, a tiny dink, one of those dent pullers it would be gone, paint isnt even broken, yes plenty of pictures, the estimate from the garage is also of questionable origin, no details of the garage its from seem to exist, i think its a bit of a [problem] myself...

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Isn't car insurance not enforceable on private property?

 

If this happened to me I would be apologetic but nothing more, I have had cars damaged by trolleys in car parks and on complaining to the store been told 'go through your insurance', only for my insurance to say that it is not their responsibility as it happened on private property

 

I'd respond to that letter once and state that in taking legal advice (you don't have to say where) you are advising them that you believe you are not liable for any damages and they should direct their claim to the store, no further correspondence will be entered into unless they forward an official claim from small claims court.

 

Personally I wouldn't have provided any contact details at the scene as you were not obliged to

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Just looking at your original post I'm wondering how they knew it was your trolley?

 

You are either the most honest person in the world and owned up to them when they returned to their car, or they were there and saw it - if it is the latter then why didn't they stop it?

 

Either way I think their letter is just trying it on and the next letter would be for a bill of about £300 for a garage to repair the damage, no way would I be admitting liability on this one, especially as I bet there are signs up that state private car park used at owners risk

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you need to refer them to the DIY stores insurers.

 

its a daily/weekly/montly task for the staff to check the brakes work under their insurance providers policy

rules

 

and under H+S rules.,

 

if the retailer provides the trolley

and the brake is faulty & that was the cause of the damage, then it squarely lies with the DIY insurers

 

they will inspect the safety check sheets. & view and CCTv at the time.

 

why do you think they put up signs & instructions


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Im honest, too honest.. there are signs everywhere and i mean everywhere stating cars parked at owners risk yes

these signs are totally worthless / waste of the board they are written on if you can prove negligence!.

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