Advice - Damaged Car At Parkwise Heathrow

gezzerboy

Dropped my car off at Parkwise parking at heathrow last weekend and they checked over my car , noticed marks i hadnt even noticed and put them on a sheet which I signed. Returned 1 week later to pickup car and noticed a nice dent in passenger door which was brand new and obviously caused by a door opening.

They noted the damage , took a picture and also confirmed the damage was NOT on the original sheet noted. Took my details and passed it to manager. This is their response and a link to the terms and conditions.

Your help would be appreciated.




http://www65.zippyshare.com/v/73199758/file.html


Dear ******

I refer to the report dated 13th July 2012 alleging damage to the offside front door of your vehicle. We regret to advise that we cannot accept liability and would refer you to our terms and conditions. A copy is enclosed for your further information .

In respect of any damage incurred, the most appropriate course of action would be for you to pursue a claim through your insurance company. Whilst we make every effort to ensure safety whilst using our services we are unable to accept any liability for the damage to your vehicle.

We regret that we cannot be of more assistance at this time.

Yours Sincerely.

Lee Goodes | Contract Manager | lee.goodes@apcoa.com

APCOA Services Group
Terminal 4 Long Stay Car Park
Scylla Road, Off Southern Perimeter Road
London Heathrow Airport
TW6 3XL

LincolnshireYokel

what exactly does it say in the ToC about damage ?

gezzerboy

OUR RESPONSIBILITIES AND LIABILITIES
7. We have an obligation to you, in return for the parking charge or charges paid or to be paid by you, to provide a space in the Car Park,
if one is available, in which to park a Vehicle for the time allowed based on the amount paid or to be paid, and where applicable, use
of a courtesy transfer service.
8. We do not guarantee that there will be any vacant parking space at any particular time. Season tickets do not entitle the ticket holder
to a particular space. We will do our best to keep enough spaces reserved for season ticket holders but cannot guarantee this at all
times.
9. You should remember that the Car Park is a busy facility and open to the general public. We, through our Agent, take all reasonable
precautions to exclude unauthorised persons from entering or using the Car Park and creating nuisance. We cannot exclude all
unauthorised persons and therefore we cannot guarantee the security of your Vehicle or its contents.
10. We and our Agent (including without limitation where the Vehicle is washed and cleaned) will only accept liability in respect of:
a) any loss, misdelivery of or temporary failure to deliver, any Vehicle;
b) damages to or loss of any part of the Vehicle or any of its accessories or any of its contents; and/or
c) any damage to any other property, arising from or in connection with the Company’s custody of the Vehicle
11. if it is proved to be caused by our or our representative’s negligence, wilful discharge of duty, criminal act, breach of statutory duty,
or the dishonesty of our representatives in the course of their employment with us. In any event such liability shall not exceed £100
per claim or series of related claims.
12. We do not accept liability for:
a) any indirect or consequential loss; or
b) any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss of earnings.
13. We or our Agent will only accept liability in respect of death, personal injury, loss or damage sustained by you or any other user,
however it may be caused, if it is proved to be caused by our

ManxRed

gezzerboy wrote: »

OUR RESPONSIBILITIES AND LIABILITIES
7. We have an obligation to you, in return for the parking charge or charges paid or to be paid by you, to provide a space in the Car Park,
if one is available, in which to park a Vehicle for the time allowed based on the amount paid or to be paid, and where applicable, use
of a courtesy transfer service.
8. We do not guarantee that there will be any vacant parking space at any particular time. Season tickets do not entitle the ticket holder
to a particular space. We will do our best to keep enough spaces reserved for season ticket holders but cannot guarantee this at all
times.
9. You should remember that the Car Park is a busy facility and open to the general public. We, through our Agent, take all reasonable
precautions to exclude unauthorised persons from entering or using the Car Park and creating nuisance. We cannot exclude all
unauthorised persons and therefore we cannot guarantee the security of your Vehicle or its contents.
10. We and our Agent (including without limitation where the Vehicle is washed and cleaned) will only accept liability in respect of:
a) any loss, misdelivery of or temporary failure to deliver, any Vehicle;
b) damages to or loss of any part of the Vehicle or any of its accessories or any of its contents; and/or
c) any damage to any other property, arising from or in connection with the Company’s custody of the Vehicle
11. if it is proved to be caused by our or our representative’s negligence, wilful discharge of duty, criminal act, breach of statutory duty,
or the dishonesty of our representatives in the course of their employment with us. In any event such liability shall not exceed £100
per claim or series of related claims.
12. We do not accept liability for:
a) any indirect or consequential loss; or
b) any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss of earnings.
13. We or our Agent will only accept liability in respect of death, personal injury, loss or damage sustained by you or any other user,
however it may be caused, if it is proved to be caused by our

Am I being a bit thick here, but aren't they bang to rights on this?

The_Slithy_Tove

The usual stuff claiming that they are not resonsible for anything. However...

gezzerboy wrote: »

OUR RESPONSIBILITIES AND LIABILITIES

...

11. if it is proved to be caused by our or our representative’s negligence, wilful discharge of duty, criminal act, breach of statutory duty,
or the dishonesty of our representatives in the course of their employment with us. In any event such liability shall not exceed £100
per claim or series of related claims.

...

13. We or our Agent will only accept liability in respect of death, personal injury, loss or damage sustained by you or any other user,
however it may be caused, if it is proved to be caused by our

Clause 11 is absolute rubbish. If they are negligent, then they can be sued for the entire amount of the loss. No get-out clause will help them there. Some way or other, you need to establish how the damage occurred. Was a door carelessly opened by one of their staff (i.e. negligence). Ask if there is CCTV and get it reviewed. Press them when they claim they can't. Keep pushing at them.

ManxRed

Also, clause 11, if it is related to clause 10, should either be part of clause 10, or should reference it within the clause. The only thing it references is 'it' (second word). No explanation of what 'it' is.

This is why random members of the public shouldn't draft legal documents.

Clause 10 says they are liable and doesn't limit it.

LincolnshireYokel

Yes Clause 10 stuffs them because the final part of clause 10, the get out, hasnt been included and forms part 11.

So write back, quote the entire clause 10 at them:

10. We and our Agent (including without limitation where the Vehicle is washed and cleaned) will only accept liability in respect of:
a) any loss, misdelivery of or temporary failure to deliver, any Vehicle;
b) damages to or loss of any part of the Vehicle or any of its accessories or any of its contents; and/or
c) any damage to any other property, arising from or in connection with the Company’s custody of the Vehicle

A full admission of liability with no limitation. If you have proof the vehicle wasnt damaged before and awas after (like the damage sheet) then I cant see a problem. Write, point out the above clause, they will refuse, so you send thema NBA, then drag them into the small claims with a quote for the repair.

gezzerboy

I managed to find the email address of the CEO of apcoa and a number of Managing Directors. I emailed them directly with their staffs previous responses. They got back to me straight away and began looking into it.

Just had mail back from them telling me as a gesture of good will they will pay to repair the damage. Good service indeed but a shame it took an email to senior managment which lots of people wouldnt do.

Credit where due though, assuming they deliver

Crabman

gezzerboy wrote: »

Good service indeed but a shame it took an email to senior managment which lots of people wouldnt do.

Credit where due though, assuming they deliver

Glad to hear it's been sorted out but it's not really good service is it?

Good service would have been admitting liability to you when the vehicle was returned to you, together with advice on having reasonable repair costs reimbursed.

Stephen_Leak

gezzerboy wrote: »

<snip> Credit where due though, assuming they deliver

And don't ticket your car for stopping in the paint booth.