Bellway Homes - Damage to 9 cars from broken kerb since august - can we claim??

[123NeilyB]

Ello Caggers,
Need some advice (again).

Cut a long story short... I've burst a tyre on a kerb that was damaged on New Years Eve. It's a new build estate and the roads are still under management by the developer, not the council. 
Had to call RAC out next day as I couldnt get the wheel off (best part of 22stone and strong and still couldnt move the nuts!) = £40 call out charge by RAC (I'm on their Essentials plan). Once spare was on, go to tyre place, new tyre £110. 

Went back to estate in daylight and took pics. Kerb is a 'pointed' kerb, not rounded. But is also damaged - can see the damage in the pics. When you actually feel the top of it, its actually sharp, so no wonder it popped the sidewall of the tyre. 
Just to point out as well, the state of the road itself is terrible. Tarmac just chucked in holes, unfinished kerbs elsewhere... Just a mess. 

Meanwhile, on New Years Day, put a warning on Facebook Group for the estate - *NINE* other people have burst tyres on this kerb as well > You simply cant see it because of the road layout and no street lights. I asked people if they had contacted the developers, a few had and were told to go away and learn how to drive(!) (NeilyB thinks to himself - Your not fobbing me off... Especially as the kerb is broken). Apparently its been damaged since August 2022 according to other residents on FB. We even have the 'job number' from Bellway about the kerb.

Called Bellway Customer Services Tuesday 5th Jan. Explained what had happened to disinterested CS woman. Blah blah, send us an email with pics to head of CS and regional MD. 
Emailed CSM & regional MD. Got OOO for both for next 48 hours. Waited till 3pm Friday afternoon, rang again - on site, back Monday. Called Monday, after some arguing, eventually got put through to CSM. CSM basically disinterested, says you've drove over the kerb therefore its your fault, blah blah etc. I said yeah, I have... But if the kerb wasnt broken, it wouldnt have burst my tyre! (Bear in mind that you have to stop, and you drive over it when pulling away...) 

CSM says no, Bellway wont be paying a penny etc etc. I said thank you in not a nice way. 

Rang Bellway Head Office and spoke to PA of Company MD. She took interest and was very sorry that this had happened and isnt the first time she had heard of problems like this. Tried to put me through to MD, VM. She then comes back after I asked to be transferred to legal team. She gives me MD's email and sent same email i'd sent to CSM & Regional MD.

No OOO or response yet from Company MD. 

Question is.... Do I actually have a leg to stand on? My defence:
- Yep, I've driven over the kerb, but in my defence, you physically cant see it because of the road layout is just ridiculous and no street lights. 

- The kerb that WAS there was a 'pointed' kerb, which was damaged. Physically has chunks out of it because of the amount of people that have hit it. 

- Bellway have now rushed out and replaced broken kerb, but also replaced with a curved kerb, not pointed... - Bit coincidental they have no rushed and replaced now I have submitted invoices & threatended small claim. 

 

Anyhow... I find myself at CAG because i'm pretty sure the company MD is going to say "go away" as well, so i'm quite prepared to go down the small claims route for it. More as a matter of principle than anything else. 

What do you guys think? We can prove they were negligent in not fixing the kerb since August, and if needed provide the invoices for other peoples tyres along with mine, along with the pics of broken & then fixed kerb. 

Cheers!

[dx100uk]

aside from getting evidence which you have

why didn't someone with a club hammer go smack the sharp edge off...just musing...

[BazzaS]

The fact that they've now repaired / replaced it is evidence that they accept it was faulty. You have photos of before the repair?.

get photo's of the 'after' too.

[123NeilyB]

On 23/01/2023 at 06:33, BazzaS said:

The fact that they've now repaired / replaced it is evidence that they accept it was faulty. You have photos of before the repair?.

get photo's of the 'after' too.

Yup, got both before and after...

[123NeilyB]

UPDATE. 
Company MD also says get stuffed... 

Quote

I was sorry to read about the damage to your vehicle’s tyre. However, I must agree that Bellway retains no liability in this matter.  It remains the responsibility of all car drivers to prevent their cars mounting or striking road kerbs and while I note the kerb has been changed recently, the damage to your vehicle would not have occurred had it not struck the kerb in question.

 

I am only able to advise that you notify your insurers of the damage and present any evidence to them you may have to support your claim.  Should Bellway be contacted by them, we will instruct our insurers to respond directly.

Spoke to insurers > They say its pointless putting a claim through them because of excess etc... But they agree with me that if the kerb hadnt been damaged in the first place the tyre wouldnt have burst... 
(Bear in miind) i was pulling away from a junction, not driving over it at 30mph - 5mph max at most because of the turn... 

Meanwhile, local councillor has got involved (via Facebook - he saw the post in the group) and has been sent a copy of what's gone to & come back from Bellway. He thinks he might be able to butter them up a bit... Wait n see... 

 

My question to the caggers though is this:

- If I go down the Small Claims route (Moneyclaim), I'm pretty sure Bellway will set their solicitors on me. I will self represent like I've always done, but if I lose, can Bellways legal team ask me to pay their costs? 
- I asked the MoneyClaim team and they said no... But I'm not sure the woman understood what I was going  on about...  
Cheers. 

[BazzaS]

Costs strictly limited in small claims track.

probably £100 max their solicitors could seek to recover. (They may have other costs, travel, witness, stationery), but don’t let them scare you with “solicitors costs per hour”.

[123NeilyB]

Thanks Baz. 

Final question - If I go down SCT, do I have to do a PAP or LBC (like the parking companies do) or just fill in the MoneyClaim side and wait.

[BazzaS]

Always do a LBC, then they can’t claim you’ve been unreasonable/ not followed any relevant PAP.

[dx100uk]

Yes you must .

Dx

[123NeilyB]

Cheers Gents.

Ill hold off until the councilor bloke comes back and if not ill LBC first, wait to see if they respond to that and then go off down SCT route. 

Its not the money (i've just put another tyre on the truck because it needed it), its more the fact Bellway are taking the p*ss and have done for a while. The local FB group is awash with issues and people slating them. 

[123NeilyB]

Councillor bloke cant do anything so LBC has been drafted. 
Can you check the below to make sure is okay... More to the point though, can you think of anything else I should be asking them to provide me in the Practice Direction from them?

--------------------------------

 

123 Some Avenue

ATOWN

AN1 1NA

 

SIMON SCOUGALL

Bellway Homes Ltd

Woolsington House

International Drive

Woolsington

NEWCASTLE UPON TYNE

NE13 8BF

 

 

Monday, 20 February 2023

 

 

Dear Mr. Scougall,

 

LETTER BEFORE CLAIM

 

Reference: Damage to vehicle on Sheasby Park, Fradley.

As it has not been possible to resolve this matter amicably and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

 

My vehicle was damaged due to Bellway’s negligence in not repairing a kerbstone.

 

From you I am claiming:

-       £119.40             Replacement Tyre

-       £40.00              RAC Call Out Charge

-       £60.00 *            Costs

-       £159.40             TOTAL (without costs)

-       £219.40 *          TOTAL (with costs)

                        * If settled out of court, £60.00 costs will NOT be claimed.

 

Listed below and enclosed are the documents on which I intend to rely in my claim against Bellway:

-       Photos of damaged kerb

-       Copies of invoices from Tyre Place & Rent A Clown

-       Copy of map from Staffordshire County Council ‘Adopted Roads’ showing that Murphy Street / Violet Walk is maintained by yourselves and has not been handed over to Staffordshire County Council

-       E-mail between John Enright & myself

-       Facebook posting that others have suffered damage to their vehicles due to Bellway's negligence 

 

In accordance with the Practice Direction on Pre-Action Conduct, I would request that you provide me with copies of the following documents:

-       Any maintenance logs / work orders for Violet Walk / Murphy Street in relation to this kerbstone

 

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. 

I would invite you to put forward any proposals in this regard. 

 

In closing, I draw your attention to paragraphs 13 to 16 of the Practice Direction on pre-action conduct under the Civil Procedure Rules which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

 

I look forward to hearing from you within the next 14 days.

Should I not receive a response to my letter within this time frame then court action will be commenced with no further reference to you.

 

Yours faithfully, 

 

 

 

 

123NeilyB

Enc.

[123NeilyB]

@BazzaSCan you check the above pls?  

[BazzaS]

Small claims track likely : doubt you’ll be able to make them hand over maintenance logs.

[123NeilyB]

@BazzaSAhhhh ok. Other than that though, all ok?