Can I claim damaged from council?

MamaMoo_2

If you didn't have such a high post count, I'd be calling troll about now.
1. It isn't your driveway, so the council had no duty to ensure your car fit through the gate. I'm guessing from your posts that your sister doesn't drive, so any assumptions I make will be with that in mind.

2. Your sister noticed the gates were too narrow. She reported this. Any claim you make will likely be rejected as negligence on your part as your sister has clearly shown that she is aware that the gap is too narrow.

3. As a driver, you are responsible for your actions. Trying to force a car through a narrow space was irresponsible and could possibly be construed as driving without due care and attention, which I believe is an offence.


Essentially, it'd be like reporting a broken drain cover, stepping on it to see just how broken it is, falling in and breaking your leg. You couldn't sue the council for negligence as it is clearly you that is at fault as you were aware of the issue but decided, with all relevant information available, to put yourself in a risky situation.

You're wholly responsible here.

Think of a lorry driver driving a 6ft 2 truck under a 6ft bridge. They are aware it won't fit, but attempt it anyway. Bye bye to the top two inches of your wagon, and hello fine and license points for driving without due care and attention and then there's also liability for any costs arising from any damage to the bridge etc.
This situation was on BBC's motorway cops this week, and I believe the truck driver got a £170 fine and a few points on his license.

As a driver, you need to take responsibility for your driving and manouvres. Trying to force a car through a gap that's clearly too small is your fault.

hubb

Ok, you have all had your fun with me. I wasn't going at speed, I was backing out so the mirror hit the post pushing it back on itself the wrong way. The post hasn't been damaged but my bank account has :-( The annoying thing is I have since found out that I could have folded my mirrors backwards to prevent this. I have tried this previously but they seemed very rigid and I thought they would have broken. As for the cost, £62 for brand new mirror for a VW Polo was a fair price +£35 fitting (hours labor)

Anyway I have got the message but to be fair I was only asking.

hubb

keyser666 wrote: »

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

Why thankyou :T

browneyedbazzi

You knew the gates were too narrow for you to get on and off the drive, yet gave it a go anyway....and you think it's the council's fault that the car is damaged? When deciding fault a court will ask who had the last opportunity to avoid an accident and in this case that was clearly you.

Time to take some responsibility for your own actions and stop looking for someone else to pay the price for your mistake.

Bantex_2

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.

The council could counterclaim against you for damaging their property. Are you sure you are safe to be driving?

Hintza

hubb wrote: »

I am simply a visitor.

Well that isn't true:-

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.

ThumbRemote

Actually, as it is private land I suspect the duty of care lies with your sister. So you'd have to claim off her anyway.

Secondly, you're right about them not being fit for purpose, but you're asking about consequential losses. Knowing they were narrow but driving through them anyway shows you haven't mitigated your losses.

hubb

Yes, you can all stop now thanks. I have got the message, even if it was repeated somewhat. Thank you.

Enfieldian

Oi you lot!

Leave it!

DCFC79

Moneyineptitude wrote: »

Entertaining thread..:)

Indeed it was