Can I claim damaged from council?

mountainofdebt

Do councils pay out for stupidly these days ? I mean how slow could you have been going if you 'ripped' the mirrors offs especially as you say YOU misguided the driveway.

Also how are YOU going to claim if you're not on the tenancy agreement? May get your sister into trouble if you push this.

hubb

DaveTheMus wrote: »

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.

Thankyou. The only person here who can see where i am coming from. Its irelavant if i am on the list or not. I am simply a visitor. The council were neglagent. And as i said the clearence eace side was around an inch. I would love to see how many critics here would have made it. I also have my receipt for the new mirror and there is still glass embedded in the gate post.

mije1983

DaveTheMus wrote: »

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

Surely the purpose of any gate is to secure property/keep things in or out. If they do that then they are fit for purpose.

hubb wrote: »

The council were neglagent. And as i said the clearence eace side was around an inch. I would love to see how many critics here would have made it.

There's no harm in asking but don't expect a positive response. Probably best not mention that you knew the gap was too narrow for the car, otherwise they could argue that YOU were negligent by attempting to navigate through a space you knew was too narrow.

Edit: Just noticed you added a line to say there is glass embedded in the post. That's not likely to help your argument as it could be viewed that to embed glass in the (wooden?) post, maybe you were going an inappropriate speed?

marliepanda

If you were going slow you'd have nudged the mirror, exclaimed 'oh no I'm a bit close,' and started again.

If you got it in the drive, you can get it out.

wealdroam

hubb wrote: »

...there is still glass embedded in the gate post.

Hmmm... so in the process you damaged the gatepost?

This could get tricky.


Sorry, but I see this as a simple case where the gatepost was there doing absolutely nothing and you drove into it.

sarahg1969

If I were you I'd keep quiet or the council might want your insurance details so they can reclaim any costs of repairing the post.

unholyangel

hubb wrote: »

Thankyou. The only person here who can see where i am coming from. Its irelavant if i am on the list or not. I am simply a visitor. The council were neglagent. And as i said the clearence eace side was around an inch. I would love to see how many critics here would have made it. I also have my receipt for the new mirror and there is still glass embedded in the gate post.

Would you care to detail how you think they owed you a duty of care? Not being sarky, its one of the requirements for a negligence claim.

[Deleted User]

Entertaining thread..:)

marleyboy

hubb wrote: »

Thankyou. The only person here who can see where i am coming from. Its irelavant if i am on the list or not. I am simply a visitor. The council were neglagent. And as i said the clearence eace side was around an inch. I would love to see how many critics here would have made it. I also have my receipt for the new mirror and there is still glass embedded in the gate post.

Not wanting to sound critical or judgemental, no matter how slow you was driving car, or the measurements of the leeway, as the driver of the vehicle, you bear the blame. Example could be the council seeking damages for chipping their brickwork with your mirror.

It would be like trying to sue someone for the damage caused to your vehicle when you lost control and smashed into their car as that was parked in their driveway.

Its a good fortune that they are widening it for you, in the meantime I am sure you can get the mirror replaced far cheaper at the local scrap-yard or garage.

keyser666

hubb wrote: »

Thankyou. The only person here who can see where i am coming from. Its irelavant if i am on the list or not. I am simply a visitor. The council were neglagent. And as i said the clearence eace side was around an inch. I would love to see how many critics here would have made it. I also have my receipt for the new mirror and there is still glass embedded in the gate post.

If your maths is anything like your english I doubt there was an inch either side