Flat's automatic gates closed on car while exiting car park

lexicalmatt

Dear all,

I hope you can offer some advice with the following -

My flat's car park, to which I have an allocated space is controlled by electronic gates opened by a fob or pin.

Today I opened the gate and after a short delay (seatbelt, radio, usual wallet checking kerfuffle!) began to reverse out as I have ever day for the last 14 months. I noticed in my wing mirror that the left side of the gate was starting to close towards the car and so immediately halted the car. Seeing that the gate was still in motion, I put the car into first and tried to get out of the way.

As you'll have guessed, this failed and despite my car being between the gate it closed and collided with both sides of my car causing significant damage/scraping (I've not got a quote yet, but I know from previous experience we're looking > £800).

I'm contacting the management company (who of course, are not open Saturdays!) to inform them that the gate closed onto the car despite being in the path of the sensors.

Does anyone have experience of claiming costs in these circumstances?

Cheers

harveybobbles

Is there CCTV with this?

Not sure why you didnt open the gate as you were setting off..?

Today I opened the gate and after a short delay (seatbelt, radio, usual wallet checking kerfuffle!) began to reverse out

lexicalmatt

harveybobbles wrote: »

Is there CCTV with this?

Not sure why you didnt open the gate as you were setting off..?

Doesn't look like it. I did as I was setting off, then stopped for a short period (you know what it's like when you cant feel your wallet in your pocket and panic!) and started moving through the gate while it was still open. Actually pressing my fob again at this point would have made the gate close.

System

Are you sure that it has sensors? Maybe pressure sensors so somebody doesn't get crushed but I am not sure that there would be sensors to detect anything within the complete gate swing area

agrinnall

lexicalmatt wrote: »

Today I opened the gate and after a short delay (seatbelt, radio, usual wallet checking kerfuffle!) began to reverse out as I have ever day for the last 14 months.

Yes, but is it a regular part of your routine to open the barrier and then stop to check all the things that you should have checked already? If not then you might not know what the barrier would do, and perhaps a better option would have been to wait for the barrier to close by itself then open it again.

It's worth a try to blame the sensors but I get the feeling that if we ever hear the end of the story it won't be a good one for you.

lexicalmatt

!!!!!! wrote: »

Are you sure that it has sensors? Maybe pressure sensors so somebody doesn't get crushed but I am not sure that there would be sensors to detect anything within the complete gate swing area

Hi, yep - there's two sensors either side of the gate which are known to work (I've seen them stop the gate moving if pedestrians walk through it).

lexicalmatt

Hi agrinnall,

It wasn't my intention to point out an unusual delay in my original post, we're talking mere moments. The gate stays open for a long period, presumably because of the number of people which have to walk from the gate to their car and through it after entering the pin code (those who don't have fobs).

Edit: as far as blaming the sensors goes, I sincerely do not feel at fault for this and sensors which usually stop the gates operating appear not to have done. I'm not trying to escape responsibilities.

InsideInsurance

To claim off someone else you have to prove they are negligent - ie did something that a reasonable person wouldnt do or failed to do something that a reasonable person would have.

In the case of a faulty sensor then realistically you would have to show that either the system was in a general state of bad repair and that the managing company should/ did know this or that this particular issue had been raised up with them previously and they'd had sufficient opportunity to repair it.

Check your contract with them too incase there is any terms there that may result in them being liable on a contractual basis rather than via negligence - either directly or by their failure to keep to maintenance based terms.

Hopefully you are a good tenant and they will decide to do "the right thing" but you have an uphill struggle against them if they dont unless you find a neighbour informed them of the same problem a couple of months ago and they did nothing

nobbysn*ts

It's reportable to the HSE, do that, they should investigate the safety of the gates, and the sensors not working.

lexicalmatt

Hello all,

A long overdue update. The management co were cooperative, and brought an independent company out to look at the gates.

It was determined (in a written report by that company) that there was at least the question of whether or not there should be an additional sensor to cover the opening radius of the gates.

The matter was referred to the management company's insurer who, after some months and some back and forth, paid the repair cost in full. Moreover, the additional sensor has been installed.

I thought this follow-up may be of use to anyone who has a similar problem.

agrinnall

Thanks for the update, and I'm glad to hear that my scepticism (post #5) was proved wrong.