Delivery company negligence - public liability?

Lfc1969

Hi,
My colleague suffered some personal damage (not injury) to his belongings from a negligent delivery company parked on a public pavement. The national delivery company in question won't respond to his complaint despite evidence being shared (photos and details).
Is the correct way forwards to take this matter to the small claims court? The amount in question is around £200.

Thanks

bris

I suspect your friend ran into him whilst parked and thinks he's on a winner here, a bit more info is needed to determine who is negligent.

wealdroam

Lfc1969 wrote: »

Hi,
My colleague suffered some personal damage (not injury) to his belongings from a negligent delivery company parked on a public pavement. The national delivery company in question won't respond to his complaint despite evidence being shared (photos and details).
Is the correct way forwards to take this matter to the small claims court? The amount in question is around £200.

Thanks

The vehicle was parked, so what moved such that damage occurred?

Lfc1969

bris wrote: »

I suspect your friend ran into him whilst parked and thinks he's on a winner here, a bit more info is needed to determine who is negligent.

You suspect incorrectly. I'm not looking for advice as to who is negligent etc, I'm looking to establish if the correct course of action for a small sum is the small claims procedure? There was no injury, just faulty equipment which has caused damage to a colleagues personal possession..

shaun_from_Africa

Lfc1969 wrote: »

I'm looking to establish if the correct course of action for a small sum is the small claims procedure? There was no injury, just faulty equipment which has caused damage to a colleagues personal possession..

Yes, your friend can go down the small claims route, but they may well end up wasting their time and losing more money by doing this which is why bris stated a bit of info is needed.
There is no need to state the name of the delivery company, simply a brief synopsis of the facts.

Lfc1969

shaun_from_Africa wrote: »

Yes, your friend can go down the small claims route, but they may well end up wasting their time and losing more money by doing this which is why bris stated a bit of info is needed.
There is no need to state the name of the delivery company, simply a brief synopsis of the facts.

Ok. The delivery company had unloaded some large metal trolley cages (six foot by six sized cages) on the pavement which had wire mesh type panels. One of the mesh panels had broken away from the frame leaving the wire sticking out which ripped my colleagues suit as he walked past and scratched his leg (he's not bothered about the scratch) but wants them to pay for the damage.

gik

Can your friend prove what happened?

Lfc1969

gik wrote: »

Can your friend prove what happened?

He has two witnesses of which I am one. I also took pictures on my mobile phone of the scene and the defective cage.

System

Sounds like your friend was negligent in where he was walking

gik

Lfc1969 wrote: »

He has two witnesses of which I am one. I also took pictures on my mobile phone of the scene and the defective cage.

Post the pics here. Was it difficult to see?

InsideInsurance

If it makes it to court your friend is unlikely to win as he has hit a static object and unlike the council a delivery company does not have a heightened duty of care to the general public.

That said, a company may make an economics based decision that the cost of defending out weighs the cost of settling and so despite the fact the case has little merit pay up anyway.

Send a letter before action to the companies registered address giving them 21 days to settle otherwise you will issue court proceedings. Its then a choice of if you want to gamble the issuing fee in the hope they dont defend or just learn not to brush up against things.