Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • This article in the Indy has some interesting views on how Brexit has affected the Uk's response to Covid.   https://www.independent.co.uk/voices/coronavirus-lockdown-government-death-toll-boris-johnson-a9551516.html
    • Small attachment to an iPhone that cost £288.00.   I know anything that relates to Apple can be very expensive, but what was the attachment ?   Did you return the attachment product in its original packaging ?   How often do you buy products from Amazon ?   How often do you return products to Amazon ?   Could Amazon believe you are buying products to simply try out for a period, with no intention of keeping the products ?
    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I don't see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
  • Our picks

mat19672

Damage in work car park

style="text-align:center;"> Please note that this topic has not had any new posts for the last 919 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

My car was damaged when leaving a parking space in my works car park.

 

I had pulled in forwards to a parking space, where the front of my car overhung the blocked paving.

No damaged occurred during the parking.

 

When reversing out to leave there was a huge crunch and the front of my car had caught on a piece of block paving sticking up and not flat to other blocks, ripping the side panel away from the front, at the corner of the car.

 

This happened when reversing and not parking as I had turned the wheel to angle out of the space when reversing and so the front of the car moved across a different part of the paving.

 

I had my car repaired through insurance and I am seeking reimbursement of the excess (£350) from the landlords of the property (not my employers) due to their negligence in keeping the car parking area in good repair.

 

Since notifying them of the damage and my request for a claim they have fixed the paving block and leveled it with the rest of the pavement.

I have pictures of all of this including the block before and after fixing.

 

The landlords are saying I parked at my own risk and they are not liable for any damage to cars, but there is no sign stating this anywhere in the car park.

They also say it is in the tenants handbook, which of course I have never seen.

 

If they continue to refuse I am thinking of taking it to the small claims court,

but I am looking for opinion on whether its worth it.

Does the Defective Premises Act 1972 come into this?

Share this post


Link to post
Share on other sites

When they say they are not responsible for damage, they are correct, as far as accidents and malicious damage.

However they are fully responsible for damage caused to your car by them not providing a safe environment for you to park.

Tell them you'll see them in court.

Send a LBA letter

Share this post


Link to post
Share on other sites

I disagree with sgtbush’s reasoning, even if I may end up not disagreeing with their conclusion ......

 

You were on the premises with permission, so the Occupiers Liability Act 1957 applies (rather than the 1984 act that is relevant to trespassers).

 

They can try to disclaim liability for damage to property (whereas they can’t disclaim liability for death or personal injury).

This is why I disagree with “they are fully responsible for damage caused to your car by them not providing a safe environment for you to park.” as in some circumstances they can disclaim liability for damage to property even if they haven’t provided a “safe environment”.

 

They’d have to show you knew (or, at least should have known) that they had disclaimed liability for damage to property.

If there weren’t signs up, and you weren’t in receipt of “the tenants handbook” you can’t willingly accept that risk, so their attempt to disclaim liability fails (as it would even if there were signs, for damages for death / personal injury).

So, you could claim for your non-recovered losses.

 

If there were signs (or “the reasonable person” would have known of the disclaimer to liability for property damage), then you wouldn’t have a claim for property damage even if they were negligent.

Share this post


Link to post
Share on other sites

Thanks for responses.

 

I asked my facilities manager for a copy of the tenants handbook and it has the following language in the car park section

 

- "No Liability is accepted by the Landlord or Managing Agents for the loss or damage at anytime.".

 

However the handbook was dated October 2017 (received in Microsoft Word format)

I asked for an older copy in case it did not have this statement in.

 

I was then sent a copy dated September 2017

 

I clarified I wanted a copy from before the incident (June) and my facilities manager said the September copy was the first they have ever received so there is no way I could have been given notice of this, including the fact there are no signs.

Share this post


Link to post
Share on other sites

Reply to the landlords saying that you'll proceed to claim, and will put them to strict proof that you know (or should have known) of their disclaimer of liability.

Take photo's of the car park (and its absence of signs).

 

With any luck they'll put signs up now (it's always good when they try to claim "they should have known!" and then you point out "If I, previously, should have known, why have you needed to put up new signs making it clearer?")

Share this post


Link to post
Share on other sites

All the signs in the world don't absolve them of their liability, there is no such thing as ''No 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!

 

 

Share this post


Link to post
Share on other sites
All the signs in the world don't absolve them of their liability, there is no such thing as ''No Liability''.

 

If this is true (& it isn’t!) why does the Occupiers Liability Act 1957 differentiate between:

a) personal injury (including death), and

b) damage to property?

Share this post


Link to post
Share on other sites
If this is true (& it isn’t!) why does the Occupiers Liability Act 1957 differentiate between:

a) personal injury (including death), and

b) damage to property?

 

I have no idea, maybe you can tell us all?


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!

 

 

Share this post


Link to post
Share on other sites
I have no idea, maybe you can tell us all?

 

Because they can disclaim liability for damage to property!

They just can’t do so for personal injury (including death), [because the Occupiers Liability Act 1957 says so]

 

So, do you still believe:

All the signs in the world don't absolve them of their liability, there is no such thing as ''No Liability''.

 

They can say “no liability for damage to property”, or

“No liability except as prescribed at law”

Share this post


Link to post
Share on other sites

Yes I do, thank you!


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!

 

 

Share this post


Link to post
Share on other sites

Now,

the OP's problem is that it appears he saw the hazard but decided to park there anyway.

This would mean that the landlords arguments about no liability disclaimers become irrelevant.

Same would apply if he hit a bollard.

 

For those with long memories perhaps you remember the matter of someone hitting a post entering a car park at a retail park when working as a delivery driver.

 

Not only did he not get any compensation for the damage to his vehicle he got done for driving without due care and lost his job if I recall correctly.

Share this post


Link to post
Share on other sites

Thanks to those who gave advice. I sent a lba and they have agreed to settle and pay me the excess for my insurance, which is what I was claiming from them.

Share this post


Link to post
Share on other sites

well done!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Awesome well done! :thumb:


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!

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...