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Car Damage, who's liable

Gor3
Gor3 Posts: 6 Forumite
All,

my car was damaged in a private residents carpark attached to the Waitrose block of flats where I live, Waitrose have refused to pay, but they have no measures in place to prevent unlawful entry to the private carparking section. I'm pretty sure they are liable as part of thier CSR to ensure people using their property's are protected.

Can I have your thought's or if anybody is a no fee no win business who fancies going after brand Waitrose I would be glad of your help. I can give more details to all interested parties if required.

Regards

Gordon
«134

Comments

  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Waitrose own a block of flats?
    "You were only supposed to blow the bl**dy doors off!!"
  • Andy_L
    Andy_L Posts: 13,051 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Whoever caused the damage is liable.
    If that was a Waitrose employee during the course of their duties then Waitrose are liable otherwise it is between you and whoever damaged your car who, presuemably, have done a runner after hitting your car.
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I fail to see how someone with even an ounce of logic would assume the owner of a car park is responsible because someone else damaged your property.

    It's between you and the other driver, if you can't find them - tough.
  • Gor3
    Gor3 Posts: 6 Forumite
    Matty,
    A bit of a churlish reply, if youhad read the post properly, you will see that the carpark I refer to is not the“shoppers” carpark, it’s the residents carpark marked clearly for that purposeand as such, should have the necessary measure in place to prevent entry byshoppers. This was not the case, so they in my mind that would make them liabledue to lack of care to prevent unauthorised entry.

    Anyhow thanks for the hostile response, not what I had anticipated!
  • fivetide
    fivetide Posts: 3,811 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    How do you know it was a shopper though?

    Could it have been a resident or a visitor to one of the other residents?

    I think the point still stands, the person lialble is the one who did the damage. Whilst you can ask Waitrose to increase security or look at ways to ensure the car park is kept residents only (possibly by employing a private parking firm to put non-enforacable tickets on your cars) it really isn't their fault.

    5t.
    What if there was no such thing as a rhetorical question?
  • Gor3
    Gor3 Posts: 6 Forumite
    Hmm, called an idiot and psychoanalysed too fanstastic! :-)
  • Quentin
    Quentin Posts: 40,405 Forumite
    You are getting sound advice.

    Don't shoot the messengers!
  • Gor3
    Gor3 Posts: 6 Forumite
    ????????????????????????
  • spiro
    spiro Posts: 6,405 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Some roads are 'residents parking only' and you require a permit from the council to park in them. Do you think the council are liable if somewhen damages your car whilst parked in one of those roads? No, same in your situation unless of course it was advertised as 'secure parking' in which case they may have some duty of care responsibility.
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).
  • Notmyrealname
    Notmyrealname Posts: 4,003 Forumite
    So, Gor3, how do you know it was a shopper and not a resident or person with business at the flats such as a visitor?
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