Can I claim damaged from council?

hubb

I use my sister's council owned house for parking my car to keep off the road away from vandals who are scratching cars in the village. She has just moved into it and offered me the use of the driveway. However, the gate they (council) have recently installed is too narrow for a car yet it is a driveway gate. I can just about get my car through with literally about an inch either side. The other day i misjudged slightly and ripped a wing mirror clean off. This cost me £100 fitted.

Now a week before the council came round to see my sister and took photos of the gate as she complained it was too unreasonably narrow to get a car through. They agreed and said it would be changed sometime in the future.

Am I within my right to bill the council for this cost of my mirror because of their error in fitting a too small opening ?

Bantex_2

I would claim from your driving instructor or optician.

marliepanda

No.

You knew it was too small.

You crashed your car into it.

Lieja

I would imagine not. Surely they can't be held responsible for you misjudging the gap? How fast were you pulling in through the tiny gap to rip the mirror right off before you realised you'd misjudged?

DaveTheMus

...or you could sue the car manufacturer for making the car too wide.

marleyboy

No, if the gap was too narrow, you should not have risked it. If it was only just wide enough, you misjudged it. Ultimately, the accident was your own doing.

Buzby

The agreement of the Council to look at replacing or modifying an entrance will not be seen as any admission. It was your choice to drive through the restricted width, so no - you cannot expect to make them pay for your damage. There is no such thing as a 'standard' car width, they are all different - usually the more you pay the wider they are!

I recall a similar complaint from a council tenant who, on driving into his garage could not get out - the council politely told him to change his car.

PudseyDB

Most council houses were built when cars were narrower....so the driveway would've fit a standard car then.

In this case, you knew it was too narrow, so unfortunately its your own fault

houseimprover

hubb wrote: »

I use my sister's council owned house for parking my car to keep off the road away from vandals who are scratching cars in the village. She has just moved into it and offered me the use of the driveway. However, the gate they (council) have recently installed is too narrow for a car yet it is a driveway gate. I can just about get my car through with literally about an inch either side. The other day i misjudged slightly and ripped a wing mirror clean off. This cost me £100 fitted.

Now a week before the council came round to see my sister and took photos of the gate as she complained it was too unreasonably narrow to get a car through. They agreed and said it would be changed sometime in the future.

Am I within my right to bill the council for this cost of my mirror because of their error in fitting a too small opening ?

Are you really being serious?

You have no chance for your own mistakes.

hubb

Ok ok ok, I get it. Can I take my tin hat off now ? I was only asking. Its a vw Polo (smaller than most cars) and I was going very very slow.

DaveTheMus

hubb wrote: »

Ok ok ok, I get it. Can I take my tin hat off now ? I was only asking. Its a vw Polo (smaller than most cars) and I was going very very slow.

to be honest mate, a VW Polo should have more clearance than an inch either way.......since it's a compact i would definitely write letter, the worst they can do is say no

The gates weren't fit for purpose if a Polo barely made it in.