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  • FIRST POST
    • robz2008
    • By robz2008 9th Oct 16, 8:15 PM
    • 11Posts
    • 4Thanks
    robz2008
    Pizza Takeaway Makign me pay for a damaged sign
    • #1
    • 9th Oct 16, 8:15 PM
    Pizza Takeaway Makign me pay for a damaged sign 9th Oct 16 at 8:15 PM
    Basically last night went to papa johns for a pizza

    while waitiing a accidently lent against 1 of those stupid signs which are on laminated board on a metal a frame. thought nothing of it until the guy came over to me saying i would after to pay for the damage, basically he got the police and they more aless sided against him, the incident was on CCTV and only evidence ive got is a picture showing the broken plastic bracket

    basically i dont feel the sign was on the wall properly and was potentially a health and safety hazard as its not as if i vandlizaed it just leant against it.

    if they make me pay do you think i should take this to court as they have mentioned figures of around £200-£500 to fix it.
Page 1
    • wealdroam
    • By wealdroam 9th Oct 16, 8:19 PM
    • 17,422 Posts
    • 14,000 Thanks
    wealdroam
    • #2
    • 9th Oct 16, 8:19 PM
    • #2
    • 9th Oct 16, 8:19 PM
    Basically last night went to papa johns for a pizza

    while waitiing a accidently lent against 1 of those stupid signs which are on laminated board on a metal a frame. thought nothing of it until the guy came over to me saying i would after to pay for the damage, basically he got the police and they more aless sided against him, the incident was on CCTV and only evidence ive got is a picture showing the broken plastic bracket

    basically i dont feel the sign was on the wall properly and was potentially a health and safety hazard as its not as if i vandlizaed it just leant against it.

    if they make me pay do you think i should take this to court as they have mentioned figures of around £200-£500 to fix it.
    Originally posted by robz2008
    Have I got this right?

    You leant against a sign and it broke?

    Seems pretty straightforward to me.
    • Fosterdog
    • By Fosterdog 9th Oct 16, 8:20 PM
    • 2,437 Posts
    • 4,038 Thanks
    Fosterdog
    • #3
    • 9th Oct 16, 8:20 PM
    • #3
    • 9th Oct 16, 8:20 PM
    Was it damaged before you leaned against it?

    If not then regardless of how flimsy you think it is you still accidentally damaged their property and you will have to cover the cost of putting it right.

    Ask them if you can find your own contractor to fix it and get a few quotes so you know how much to offer, I wouldn't just pay up the full amount they are asking if I were you I would want to see some quotes before agreeing to a figure.
    • hollydays
    • By hollydays 9th Oct 16, 8:20 PM
    • 14,584 Posts
    • 10,377 Thanks
    hollydays
    • #4
    • 9th Oct 16, 8:20 PM
    • #4
    • 9th Oct 16, 8:20 PM
    You were on your own?
    • DCFC79
    • By DCFC79 9th Oct 16, 8:24 PM
    • 27,768 Posts
    • 17,533 Thanks
    DCFC79
    • #5
    • 9th Oct 16, 8:24 PM
    • #5
    • 9th Oct 16, 8:24 PM
    Basically last night went to papa johns for a pizza

    while waitiing a accidently lent against 1 of those stupid signs which are on laminated board on a metal a frame. thought nothing of it until the guy came over to me saying i would after to pay for the damage, basically he got the police and they more aless sided against him, the incident was on CCTV and only evidence ive got is a picture showing the broken plastic bracket

    basically i dont feel the sign was on the wall properly and was potentially a health and safety hazard as its not as if i vandlizaed it just leant against it.

    if they make me pay do you think i should take this to court as they have mentioned figures of around £200-£500 to fix it.
    Originally posted by robz2008
    You lent on it and it broke, sounds like you should pay for the damage.

    Would you be happy as a business owner if someone broke a sign of yours ?
    Je Suis Charlie
    • wealdroam
    • By wealdroam 9th Oct 16, 8:24 PM
    • 17,422 Posts
    • 14,000 Thanks
    wealdroam
    • #6
    • 9th Oct 16, 8:24 PM
    • #6
    • 9th Oct 16, 8:24 PM
    You were on your own?
    Originally posted by hollydays
    He was once the sign was broken.

    His mates were quicker than him.
    • Fat Walt
    • By Fat Walt 9th Oct 16, 8:27 PM
    • 602 Posts
    • 327 Thanks
    Fat Walt
    • #7
    • 9th Oct 16, 8:27 PM
    • #7
    • 9th Oct 16, 8:27 PM
    So you were !!!!ed up and fell against the sign, argued the toss and they called the police.
    • hollydays
    • By hollydays 9th Oct 16, 8:30 PM
    • 14,584 Posts
    • 10,377 Thanks
    hollydays
    • #8
    • 9th Oct 16, 8:30 PM
    • #8
    • 9th Oct 16, 8:30 PM
    So you were !!!!ed up and fell against the sign, argued the toss and they called the police.
    Originally posted by Fat Walt
    I was thinking along similar lines
    • robz2008
    • By robz2008 9th Oct 16, 8:31 PM
    • 11 Posts
    • 4 Thanks
    robz2008
    • #9
    • 9th Oct 16, 8:31 PM
    • #9
    • 9th Oct 16, 8:31 PM
    basically wasnt drunk, i caught it more aless with my shoulder hardly any force and it fell off. im not sure if it was broken before as the plastic bracket was broken and i did not put that much force onto it.
    • Mr.Generous
    • By Mr.Generous 9th Oct 16, 8:45 PM
    • 899 Posts
    • 1,085 Thanks
    Mr.Generous
    A plastic bracket is going to cost very little, to the police unless they are charging you its a civil matter. Don't go there again.
    • naedanger
    • By naedanger 9th Oct 16, 9:25 PM
    • 1,800 Posts
    • 1,388 Thanks
    naedanger
    if they make me pay do you think i should take this to court as they have mentioned figures of around £200-£500 to fix it.
    Originally posted by robz2008
    If you dispute that the cost of repairing the damage was as much as they are claiming or you dispute that you acted negligently then you can refuse to pay.

    If you do that then the onus is on them suing you if they want to force you to pay. If they do sue you they will need to show you acted negligently and that the amount they are claiming for the damage is reasonable.

    I suspect a court will place a lot of weight on what the cctv shows. If you merely brushed past the sign I doubt they would consider that negligent. However if, for example, you leaned heavily on the sign then they might conclude that was negligent.

    If they sue you and win then you will most likely have to pay certain court costs on top of the cost of repairing/replacing the damaged sign.
    • NotRichAtAll
    • By NotRichAtAll 9th Oct 16, 9:55 PM
    • 557 Posts
    • 402 Thanks
    NotRichAtAll
    if they make me pay do you think i should take this to court as they have mentioned figures of around £200-£500 to fix it.
    how are they going to make you pay?

    can you post a piccy of the sign or a similar sign as am confused you said in 1 part it was a metal a frame style which i thought were the kind that are free standing in the path or outside the shp etc then you say you think it was not fixed to the wall properly so is it s free standing sign or wall sign, if a wall sign how high was it for you to brush it with your shoulder?

    pdf about signs have no idea if its of any use
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11499/326679.pdf

    is it one of these ?
    https://4.bp.blogspot.com/-EqWdN7FXSlw/V6tc2sAwreI/AAAAAAAAN_Q/RE67ecNfvf8teaQpmqwjVBLAPiK5NrdawCLcB/s1600/papajohn.jpg

    or one like this?
    http://i4.accringtonobserver.co.uk/incoming/article11708658.ece/ALTERNATES/s1200/JS96299630.jpg
    Last edited by NotRichAtAll; 09-10-2016 at 10:00 PM.
    • bris
    • By bris 10th Oct 16, 12:31 AM
    • 6,151 Posts
    • 5,110 Thanks
    bris
    I would tell him to do one, despite what people say any fixtures and fittings in the public spaces should be durable enough for some one to lean on.


    For blame there needs to be liability, liability comes with negligence, were you negligent? No at most it was accidental so no blame.


    Ignore it and then if it does go to court you will win, but it won't because hes at it.
    • Zandoni
    • By Zandoni 10th Oct 16, 7:13 AM
    • 2,569 Posts
    • 1,375 Thanks
    Zandoni
    I wouldn't even think about paying for the broken sign unless you deliberately vandalised it. If you were hurt in any way you should think about counter claiming if they try to take you to court.
    • neilmcl
    • By neilmcl 10th Oct 16, 10:36 AM
    • 8,606 Posts
    • 5,637 Thanks
    neilmcl
    I wouldn't even think about paying for the broken sign unless you deliberately vandalised it. If you were hurt in any way you should think about counter claiming if they try to take you to court.
    Originally posted by Zandoni
    Just because he may not have done it "deliberately" doesn't mean he's not responsible for the damage.
    • fleshandbone
    • By fleshandbone 10th Oct 16, 10:59 AM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    If Papa Johns damaged something on your property that you had paid for would you shrug it off and say shucks it was only an accident or would you be on this board asking members how you can get them to pay for the damage?
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
    • Manxman in exile
    • By Manxman in exile 10th Oct 16, 11:40 AM
    • 266 Posts
    • 149 Thanks
    Manxman in exile
    From what you describe I'm amazed that the police turned out for this on a Saturday night! Do you know how Papa John's described this incident to them to make them respond? Did they suggest you were causing some sort of disturbance or public order offence?


    How will they sue you? Did the police take your details and pass them on?


    I doubt you can cause £200 worth of damage by accidentally leaning against something. But if it had been me, and I'd broken something, I might have offered a tenner without accepting liability.


    Other fast food outlets are available.
    • The-Truth
    • By The-Truth 10th Oct 16, 11:46 AM
    • 312 Posts
    • 379 Thanks
    The-Truth
    how are they going to make you pay?
    Originally posted by NotRichAtAll
    Have you not heard of the small claims court?
    • Zandoni
    • By Zandoni 10th Oct 16, 12:32 PM
    • 2,569 Posts
    • 1,375 Thanks
    Zandoni
    Just because he may not have done it "deliberately" doesn't mean he's not responsible for the damage.
    Originally posted by neilmcl
    If you open your premises to the public it needs to be a safe and well made environment able to withstand day to day use.
    • Zandoni
    • By Zandoni 10th Oct 16, 12:35 PM
    • 2,569 Posts
    • 1,375 Thanks
    Zandoni
    If Papa Johns damaged something on your property that you had paid for would you shrug it off and say shucks it was only an accident or would you be on this board asking members how you can get them to pay for the damage?
    Originally posted by fleshandbone
    I'd call the police if Papa Johns entered my property, I live in a house not a fast food establishment.
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