Vehicle Damage Caused by Business Gate Hitting It

Quentin

jm2k wrote: »

If i had somewhere else to park ,dont you think I would? Im not stupid!!.....

But you know there is a problem if the wind blows!

Park elsewhere till that problem is solved! (There must be somewhere to park - where do your vistors park when they come to call?)

jm2k

It is a square area where houses and business back onto so not a public pavement or main road as such but in constant use with all residents for parking outside each property.
They took over a long time derelict premises and converted it into business/flat above very recently.
Yes, the people know full well the gate opens as wide as it did and they provided the cones for this reason and they do not own the land in front, only within their boundary.

Would my complaint be with the property owner or the tenant? It was the tenant who denied all knowledge of the damage.

Quentin

Use belt and braces

Complain to both

jm2k

AdrianC wrote: »

Apologies for the misunderstanding - but this is EXACTLY why it's important to give full, clear details in the original post.

My comments stand, though, that if you knew the gate was being left unsecured, putting something as flimsy and easily moved as a cone in the way was never going to give adequate protection.

I left when the gate was secured with chain and padlock.
I come back when it was swinging open and damaged my car.
I did not know the people was going to leave it open all day?
We have left a cone alongside the car from day one as a visual warning it was there, not to prevent damage etc but to ensure people are aware. There has never been any damage until now, even with the winter storms.

Quinten, did you not read about my mobilitiy issues? My front access is a bus stop and main busy street with no parking and the car park is a mile away from my address which is why i have a parking area at the rear?
I do not have visitors, or family or friends. Only my daughter.

arcon5

colino wrote: »

I'm sorry to say I don't think your going to have any comeback on this. From past experience you aren't going to be able to prove employee negligence, gates can and do open and an employee didn't hit your car with the gate, the wind did.

Gates by their very nature open and swing if not secured. If no devices are in place to secure the gate, thus stopping it swing then they can hardly mitigate the situation by saying we haven't been negligent or that somebody must have opened it.

If I leave my car on a slope without the handbrake on, can I say i'm not liable because it was the force of gravity that caused the prevailing accident?

neilmcl

jm2k wrote: »

I left when the gate was secured with chain and padlock.
I come back when it was swinging open and damaged my car.
I did not know the people was going to leave it open all day?
We have left a cone alongside the car from day one as a visual warning it was there, not to prevent damage etc but to ensure people are aware. There has never been any damage until now, even with the winter storms.

Quinten, did you not read about my mobilitiy issues? My front access is a bus stop and main busy street with no parking and the car park is a mile away from my address which is why i have a parking area at the rear?
I do not have visitors, or family or friends. Only my daughter.

But is it YOUR parking area or just an area you're choosing to park because it's convenient, or your neighbours have already chosen and parked in all the other spaces first?

Quentin

Can't you park anywhere? (Assuming you got a blue badge)

Some would say continuing to park where you know it will get damaged is stupid!

arcon5

Quentin wrote: »

Can't you park anywhere? (Assuming you got a blue badge)

Some would say continuing to park where you know it will get damaged is stupid!

Some may say its stupid questioning where op parks when ops been explicit in that residents are appointed specific spots.

Quentin

If an allotted parking spot is unsafe as this one is, why persist in parking there unless you are stupid?

cootuk

I think here the argument is that a gate, by its very definition, opens and the end travel should be physically limited if it would encroach onto a designated parking area.
The company was aware of the excessive travel of the gate and decided not to do anything - that would appear to be nonfeasance.
That nonfeasance has led to a monetary loss for the OP and could lead to the company being liable.

Maybe your insurance has legal cover included who could give you some guidance?