Jump to content



  • Tweets

  • Posts

    • Also, in respect of these recent developments concerning the rights of leaseholders and their lessors, I haven't followed it too closely, but aren't you mixing up service charges on one hand with ground rent. I do understand that it seems that landlords are pretty unfettered in terms of the level of ground rent they can apply – but I would have thought that service charges – which represent actual expenditure have to be accounted for. Have I got this wrong?
    • Thank you for all of this information. However, I can imagine that most people won't be able to go through it all – partly because there is so much of it but also because it is presented in a tightly packed block of text. It would be much easier if you would space it properly so that it was presented more accessible way – but then put into a PDF document which could be uploaded onto the forum. That means that people could have a look at it by downloading it and then sizing it to suit their own computer screen and their own convenience. I did ask you how much you had paid in the first cheque which was eventually returned to you – and I'm not sure that you have answered this question yet. If they come round to issuing a claim against you, it could be very important to know this. If you have answered this question already then I'm afraid it's lost in the large bulk of the information you have provided.  
    • FREEHOLDERS BE AWARE!   I have discovered the answer to my question - please read because anyone else out there - until this legal loophole is changed take great care before thinking you will have justice regarding leashold overcharging. Most leases check yours! have a clause whereby they can charge the leasholder whether they win or loose. So like Mr Barclay you might, even if you win the case, have to pay the freeholders legal charges! Criminal ! I am so pleased i spotted this before I defended myself against the unjust bills.    Put simply until the law changes (especially if you are non residential and have no tier tribunal) there is no facility to challenge unreasonable leasehold charges.   Leaseholders to benefit from closure of legal loophole According to figures in The Times 5.3 million (21%) homes in England and Wales are leasehold, meaning the property is not owned outright but is instead ‘leased’ from the freeholder, typically for a lengthy term. In a leasehold arrangement there will usually be a contract between leaseholder and freeholder which sets out the legal rights and responsibilities of each party. Generally these will be that the freeholder maintains the common parts of the building and the leaseholder pays maintenance fees, service charges and a portion of the buildings insurance. But what happens if there is a dispute as to those fees or some other matter? Currently if a leasehold property owner takes the freehold owner of the building to court, a legal loophole means they could be burdened with the opposing party’s legal costs – even if the leaseholder wins. The legal bills involved can amount to tens of thousands of pounds, adding a sting in the tail to any victory. However, after the Sunday Times launched an investigation and uncovered legal bills being levied of up to £60,000, Secretary of State for Housing, Communities and Local Government James Brokenshire MP has pledged to take action and close the loophole. The loophole is contained in the majority of leases which typically allow freeholders to recoup their legal costs from leaseholders, even if the freeholder loses the case. There is no parallel right for leaseholders to claim costs back. The Times reported that last year leasehold owner Richard Barclay successfully recovered £1,200 of a £10,100 service charge from the management company in respect of his central London Flat. But the victory soon turned sour when Barclay was hit with a bill for £61,300 in legal fees by Quadrant Property Management who takes care of the building. Barclay challenged the costs and the bankruptcy court reduced these by £12,500, but tribunal has ruled that all other costs being challenged are reasonable. Back in 2015, a similar situation arose when the leasehold owners of 30 flats in West London took the freeholder to court and won a £29,000 discount off their service bill. The managing agent’s bill for legal fees in that case amounted to more than £44,000. According to the Times, in 2014 / 2015 A2Dominion housing association who managed the block charged its leaseholders £24,167 for legal costs. One year after, FirstPort billed leaseholders of the wider estate £20,160 for what was thought to be the same legal costs. The Times further reports that in 2017, two leaseholders took A2Dominion to tribunal regarding £12,500 claimed through their service charges for roof repairs. Those costs could have been recouped instead through the buildings insurance policy. This time the money was refunded just before the hearing – but this time the tribunal banned the association from issuing the claimants with a legal bill. When presented with the details of two of these cases, James Brokenshire responded by stating: “It is the secretary of state’s intention to close the legal loopholes that allow freeholders to unjustifiably recoup legal costs from leaseholders. This will form part of our broader package of leaseholder reforms. We will do this as soon as parliamentary time allows.” His promise is one of a number put forward by the government – it has also pledged to ban the sale of new build leasehold homes, and to cap ground rents on new leases. It believes: “… when someone buys a house, it should feel truly their own. House buyers should not be faced with a depreciating lease or a ground rent charge for any other purpose than to pay for the privilege of living in the house they havealready bought.” (October 2018 Consultation) The Law Commission is currently conducting three sub consultations in this area and the reforms are likely to follow their completion. These are: ·        Leasehold enfranchisement ·        Right to Manage ·        Commonhold James Brokenshire said he wanted a leasehold market where people were able to challenge. He showed concern for  an inequality of arms that was preventing people from getting the outcomes, fairness and justice that they require. What can I do if I have a dispute? The first place to look if you have a dispute regarding a charge is your lease. You can only be charged for items listed in the lease so if, for example, there’s no mention of management fees or the cost of improvements, you won’t be liable. If you’re not sure whether your lease allows the charges you’re disputing, ask a solicitor to check it for you. If you’ve received a service charge demand, check it carefully. It should state the name and address of the landlord at the top (not the managing agent, unless they are also the landlord). The exception to this is if the managing agent is a party to the lease. It should also contain a summary of your rights and obligations which can be found here. If you believe the certain items are excessive, request a summary that shows how the charge has been worked out and what it will be spent on, with receipts. The freeholder cannot refuse to supply this – to do so can attract a £2,500 fine. If an item seems too high, get comparable quotes. This will help you demonstrate that the same services could be provided at a significant cost saving. By law the landlord must behave in a ‘reasonable’ manner with regard to its expenditure on the building. Whilst there is no duty to minimise costs, service charges must be ‘reasonable’ and where the charges relate to works or services, the works or services must be completed to a reasonable standard. Before you consider making a challenge, speak to neighbours who are in the same boat. They may consider bringing the challenge with you. You should not stop paying the charges. Instead, write to the management company and provide evidence such as quotations to show that the charges are not reasonable. A solicitor’s letter may carry more weight, particularly as it can set out in legal terms the landlord’s duties regarding charges. If the management company does not agree with your challenge, mediation may be a good way to resolve the dispute. This involves sitting down with the other party and trying to find a way forward, with the help of a trained mediator. It is typically far cheaper than litigation. Another option may be to take over the right to manage the development. Speak to a solicitor about whether this may be possible. The final option is to apply to the first-tier tribunal (England) or the leasehold valuation tribunal (Wales) for a ruling on whether the fees are payable. There’s a £100 application fee and £200 hearing fee in England, or a £50 – £350 application fee and a hearing fee in Wales. If you are successful, you can ask the tribunal to limit the landlord’s ability to recover its legal costs through the service charge. However, they don’t have to agree to this and you may face a substantial charge.        
    • I think you could usefully telephone the Sunderland County Court during the week – maybe Wednesday to find out the progress of the warrant and what date they imagine that they are going to go round and execute it. They might also tell you whether they are preparing to make a visit or whether they are going to do it by letter initially. This kind of information is available – because about 10 years or so ago, we sent the bailiffs into the Royal Bank of Scotland in Camden Town and we managed to get the data in advance and we had the press waiting to report.     https://www.standard.co.uk/hp/front/customer-sends-bailiffs-in-to-seize-bank-s-computers-7197321.html oh how we laughed    
    • Incidentally, don't state a deadline for action in the letter. I think that this adds to tension and it's not necessary. You simply allow them five days – but don't refer to that timescale
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Tripped and fell in supermarket car park


Please note that this topic has not had any new posts for the last 1901 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 65
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

That is the answer or similar I had from victim support after being hit over the head with an iron bar & robbed of days takings a few years ago = actual comment also was = what do you expect me to do quote:-

:mad2::-x:jaw::sad:
Link to post
Share on other sites
I was only trying to understand the situation so I could be better informed..

 

I quite agree

Link to post
Share on other sites

"And of course this is the obvious question which no one else bothered to ask".

 

I made the connection in my first post, the possibility of excessive water

 

The simple fact is that Sainsburys owe you a duty of care like any other retailer and were they negligent in causing you a physical injury?

 

That negligence will be on how bad the flooring was at the time of the accident and external factors such as excess water, oil, diesel etc. The CCTV images will answer that question

 

Sainsburys has been negligent in not coming out and seeing that the OP welfare as the car park would have been covered under CCTV and the fall witnessed and recorded.

 

What you need to do is contact Sainsburys head office and seek their response first along with asking for a copy of the CCTV witnessing the fall.

 

They should have done a root cause analysis of the accident

 

If they start to stall contact your local solicitor for a no win no fee claims assessment

Link to post
Share on other sites

I should say that the accident happened early in the morning.

 

The car park was virtually empty.

 

I wasn't walking through cars that had come in from the rain.

 

In fact it wasn't raining that particular day, although it was the day before.

 

I wasn't planning to go to an injury lawyer.

 

They make my blood boil with their

"have you fell off the end of your pencil?" spiel.

 

I was planning to write to the store but just wanted advice as to how I should do it

and what you thought my chances of success were.

Link to post
Share on other sites

My mother had a similar fall and broke her shoulder, a NWNF firm (Irwin Mitchell) picked it up and at first said that they had had a lot of reports and claims from this particular place, and that her chances of winning were very good.

 

They did all the leg work only to come back to her a few weeks later to tell her that there was no chance of winning.

 

As I said to my Mum, this is what you get with these NWNF outfits, they will tell you what you want to hear in order to try and get your money, but when they look into it and find out just how much work, or rather compensation is on offer, they will tell you it is fruitless, simply because there isn't enough profit in it for them.

 

I don't know what to suggest, as it could be deemed either or really.

If there was something obvious that made you fall, that they should have reasonably expected to cause an injury or fall to someone, then yes go ahead, but as their isn't, from what you say, then I really don't fancy your chances, have you thought about writing to the store manager to inform him of what you're now going to have to go through, and that this is your favourite store to shop at etc etc ??

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!

 

 

Link to post
Share on other sites
I thank the genuine people who are trying to help me and giving their advice. I don't want to claim for pain and suffering or loss of earnings but I just want to know what are my chances of recouping what I would have to pay the dentist, as well as what I have already paid.

 

I am sad for your experience that resulted in your fall. There was water, but what do you believe caused you to trip ?

Link to post
Share on other sites

Yes I was planning to write direct to them, particularly as he said he would look at the CCTV footage and let me know the outcome. Should I write to my local store or to the Head Office?

 

the slippery floor on the walkway. I was hoping the CCTV caught it.

 

Sorry to here about your mother a broken shoulder is no joke either.

Link to post
Share on other sites

I myself would go to the local solicitor in the high street for the personal touch on a no fee no win agreement. Ignore these ambulance chaser claims management companies like the plague

 

Any correspondance needs to go to Sainsburys head office, not the local store

Link to post
Share on other sites
Did the OP not say she slipped in a puddle?

 

Where are you getting that the OP tripped over their own feet? Unless I missed something of course.

 

Uh....the first line?!?

 

I tripped and fell in Sainsbury's under cover car park. There was a pool of water on the floor and I fell flat on my face breaking my front tooth and nose. No one from Sainsbury's came to my aid, two passers by helped me to my car and I phoned my daughter who drove me to A and E.

I went to Sainsbury's the following day and spoke to the deputy manager, he filled in an accident form. Went to the car park with me and took photos, examined my shoes and told me he would look at the CCTV footage and call me up last week. So far nothing! I also showed him the A and E report.

My dental bill so far is £350 with another £600 to replace my partial denture. Can anyone help me draft a letter as I wish to claim compensation? Do you think I have a case?

I don't know what the CCTV will reveal because I was on the floor covered in blood for a while and they never sent anyone to help me.

Link to post
Share on other sites

I would write to the store manager directly first, see what they say, like I say at best I think you would stand to gain some vouchers for in store.

 

But if you're not happy with his response then you can ramp it up to the area manager.

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!

 

 

Link to post
Share on other sites
the slippery floor on the walkway. I was hoping the CCTV caught it.

 

Please understand I am trying to be helpful. Does water on its own cause a slip or perhaps (and I am only asking) could there have been another substance that caused you to slip. The point being here is, could water on it own have caused the accident..

Link to post
Share on other sites

My concern is that Sainsburys did nothing

 

This person could have been seriously injured

 

Flip the coin and say a customer had a heart attack and required one of those defibrillators that are now in major stores and shoping centres.

 

There is a definitive link that Sainsburys has been negligent in not providing a mininum level in a duty of care to customers not in their employ

Link to post
Share on other sites

the walkway is painted in the stuff that yellow lines are painted in.

 

 

It becomes slick when water is on it, particularly as on this day, there was water pooled on it.

 

 

The car parking spaces are in the kind of material you see in kids' playgrounds so don't seem to be slippery.

 

 

If that makes sense. I slipped/tripped from the walkway onto the empty car parking space.

Link to post
Share on other sites

Bolly 1

 

You do not have to justify yourself or actions to anyone, you are the injured party in all of this and shame on people putting you through the third degree for sustaining an injury and asking a question for help

Link to post
Share on other sites

Please ignore all the naysayers who do not really know what they are talking about.

 

The supermarket has a legal obligation under the Occupiers Liability Act to keep you and their premises reasonably safe.

 

If they had no system of inspection of the area where you fell, or they knew about the leaky roof and did nothing, then they would be negligent and liable for your injuries and financial losses.

 

Please seek qualified legal advice from a law firm and don't let the negative perception of 'no win no fee' solicitors perpetuated by the tabloids put you off enforcing your legal rights and obtaining justice.

 

Uh....the first line?!?

 

I tripped and fell in Sainsbury's under cover car park. There was a pool of water on the floor and I fell flat on my face breaking my front tooth and nose. No one from Sainsbury's came to my aid, two passers by helped me to my car and I phoned my daughter who drove me to A and E.

I went to Sainsbury's the following day and spoke to the deputy manager, he filled in an accident form. Went to the car park with me and took photos, examined my shoes and told me he would look at the CCTV footage and call me up last week. So far nothing! I also showed him the A and E report.

My dental bill so far is £350 with another £600 to replace my partial denture. Can anyone help me draft a letter as I wish to claim compensation? Do you think I have a case?

I don't know what the CCTV will reveal because I was on the floor covered in blood for a while and they never sent anyone to help me.

 

You mean the post that says she tripped due to water on the floor that was slippery?

Link to post
Share on other sites
Please ignore all the naysayers who do not really know what they are talking about.

 

The supermarket has a legal obligation under the Occupiers Liability Act to keep you and their premises reasonably safe.

 

If they had no system of inspection of the area where you fell, or they knew about the leaky roof and did nothing, then they would be negligent and liable for your injuries and financial losses.

 

Please seek qualified legal advice from a law firm and don't let the negative perception of 'no win no fee' solicitors perpetuated by the tabloids put you off enforcing your legal rights and obtaining justice.

 

 

A++++

Link to post
Share on other sites

I would request the cctv footage as a matter of urgency before it's deleted.

You can do this with a sar and enclosing a £10 cheque.

Then you can write to the store manager and possibly escalate all the way to head office.

If you don't get a positive outcome then you could see a no win no fee solicitor and take their advice.

But atm the pool of water is only witnessed by you.

Did the store manager record the pool in the irf?

Did he give you a copy or a ref number?

Link to post
Share on other sites
Please ignore all the naysayers who do not really know what they are talking about.

 

The supermarket has a legal obligation under the Occupiers Liability Act to keep you and their premises reasonably safe.

 

If they had no system of inspection of the area where you fell, or they knew about the leaky roof and did nothing, then they would be negligent and liable for your injuries and financial losses.

 

Please seek qualified legal advice from a law firm and don't let the negative perception of 'no win no fee' solicitors perpetuated by the tabloids put you off enforcing your legal rights and obtaining justice.

 

I agree.

 

The Occupiers Liability Act 1957 applies (since you were a visitor rather than a trespasser), rather than the later 1984 Act.

 

"An Act to amend the law of England and Wales as to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there,"

 

So, was the injury due to "the state of the property" or to "things done or omitted to be done there"?

 

If the Occupier should have reduced the risk of the OP slipping due to water, or should have warned of the risk and didn't : they may be liable.

 

I'm not a fan of the "sue 'em all" highly litiginous culture where people sue on spurious grounds : but if the supermarket didn't safeguard its visitors : why else is the OLA 1957 on the statute books?

 

As for "Act of God" : rainfall is an act of God. Failure to deal with the effects of rainfall or of the leak that caused a puddle : act (or inaction!) of man.

 

For the nay-Sayers : what if it was you that had fallen and suffered injury?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...