Car Park Damage Disclaimer Notices

Nick44

Hello,
I'm nrew here so please be gentle......
I recently suffered some big damage to my car in the car park of a national DIY retailer. The damage was not caused by another car, but by the nature of the car park layout, and that it has not been maintained. Simply, there are kerbstones protruding into the parking bays (deliberatly, by design) that have become too high to clear the bumper of my car. (ordinary car, nothing special) because the car park surface has dropped. This kerbstone had "hooked" under my bumper without me knowing, and when I reversed out the bumper was torn off.
I have called and written to the store H.O. they just tell me they accept no liability for the car park, hard luck, call your insurers. I am sure I have read or heard somewhere that these disclaimer notices are not worth a button in an a case such as this. I am about to go legal on it, but wondered if anyone out here could offer an opinion. Thanks, Nick.

DavidHM

I agree that the notice isn't worth anything when the occupier has been negligent (see Occupiers Liability Act 1957) and they have a duty to make sure that the premises are "reasonably safe" for their visitors.

However the fact remains that you drove your car over the kerb and whether or not the duty was breached is a question of fact and not one that is clear-cut. The retailer could aruge that it was not reasonable for you to do so, and even less reasonable for them to assume that a bumper that cleared the kerb on the way in would not do so on the way out.

I don't think either you or the retailer has anything at all to gain by focusing on the sign.

piggeh

Is it the DIY store's property, or is it a retail park? If it's on a retail park then it would be the managing agents/landowners' responsibility I think. Might be worth checking, though I don't know what the law is regarding these disclaimers!

Nick44

Thanks, I knew it would be difficult to explain how this happened! I didn't drive over the kerb, it is the boundary of a tree planter. my car was completely in the marked bay, the planter protrudes into one corner of the bay. my wheels were all on the car park surface, but because you have to drive fully into the bay the front of the car must overhang the planter. When the car park was new these would only have been about 4 inches high, now they are 8! the bumper is one of these modern wrap around plastic things that is also the front of the wheel arch. the car didn't touch the kerb on the way in.

Nick44

and to piggeh, the store owns the car park.

highguyuk

I would seriously doubt, as a road designer, that a public car park surface would wear away 4 inches unless it was perhaps built in the 1930's.

I think there is a duty of care on your part to avoid the kerb, and therefore in court I think you would lose the case.

Incidentally, I shoved the front end of my car onto a kerb last Wednesday (although I do have a bigger front bumper than standard). It was very annoying!!! lol.

Nick44

Thanks Highguy,
I wish I could post a photo, as this is so hard to explain in writing. Think of the car park bay as a rectangle. This kerb surrounding the planter is a diamond shape, with a right angled triangle of planter protruding in each corner of the four bays surrounding the planter. The car park surface has not worn away, but sunk, and the planter kerb surround has also risen due to the tree in the planter. In order to get your car fully into the bar so that the end dosn't stick out, you have to allow your car to overhang the planter. I didn't hit the kerb on the way in. I think that the car must have settled very slightly while parked, talking maybe only a quarter inch, just enough to hook on the edgeon the way out. When engageing reverse the little snag then dug in making a big snag! The car is a V70 Volvo, and the plastic bumper thingy just tore right off.

aj3001

Being in a volvo I'm sure you did more damage to the kerb!!

I would say you are owed a duty of care, how many other parking spaces had these tree things in? Would there have been other spaces you could of parked in? If not I believe you could have a point there