Neighbour's Wheelie Bin Damaged my Car

swingaloo

MercOwner wrote: »

It doesn't always have to be someone else's fault- it's just in this instance I feel it is, and judging by some of the other posters I'm not alone.[/QUOTE]



There are 91 posts on this thread, seems only one poster agrees with you, not 'some'.


Whatever anyone says you are not going to accept that your neighbours are not at fault. I cant understand why you would come on and ask for advice, yet after being given advice still insist you are right.


Go ahead and sue them and then when you lose and have to pay costs perhaps it will sink in!

MercOwner

swingaloo wrote: »

MercOwner wrote: »

It doesn't always have to be someone else's fault- it's just in this instance I feel it is, and judging by some of the other posters I'm not alone.[/QUOTE]



There are 91 posts on this thread, seems only one poster agrees with you, not 'some'.


Whatever anyone says you are not going to accept that your neighbours are not at fault. I cant understand why you would come on and ask for advice, yet after being given advice still insist you are right.


Go ahead and sue them and then when you lose and have to pay costs perhaps it will sink in!

I won't have to pay costs either way. I looked up the small claims court rules and it says you don't have to pay the other persons legal costs. It's worth a go and seeing where I get to- ok it might not be clear cut, but I'm sure a judge would sympathise with me. They're car owners too!

glentoran99

MercOwner wrote: »

I won't have to pay costs either way. I looked up the small claims court rules and it says you don't have to pay the other persons legal costs. It's worth a go and seeing where I get to- ok it might not be clear cut, but I'm sure a judge would sympathise with me. They're car owners too!

You'll have to pay your own though win or lose, which is likely to cost more than what you would pay to fix the car,

Quentin

MercOwner wrote: »

swingaloo wrote: »

I won't have to pay costs either way. I looked up the small claims court rules and it says you don't have to pay the other persons legal costs. It's worth a go and seeing where I get to- ok it might not be clear cut, but I'm sure a judge would sympathise with me. They're car owners too!

Look it up again.


The loser pays the other sides allowable expenses (includes loss of earnings and travel expenses etc).


And you will have to pay upfront the court fees as mentioned previously (£140 for a £600 claim)

MercOwner

glentoran99 wrote: »

You'll have to pay your own though win or lose, which is likely to cost more than what you would pay to fix the car,

I'm not going to bother with a lawyer- it's just a form you need to fill in. No point in paying a lawyer to do that.

MercOwner

swingaloo wrote: »

Exactly! If there was a crumbling wall you wouldn't park there. so you would find somewhere else. You wouldn't park there because you would be able to see the threat to your car.


However you did park where the bin is and so you obviously couldn't see the threat to your car and yet you expect your neighbours to have seen it.


You seem to be so obsessed with 'its my driveway, I will park in it whatever' but you are responsible for your own car. I live at the bottom of a cul-de-sac with open plan gardens. On bin days when I leave for work there bins out from 8 houses at my front, a total of 16 bins. On windy days we often come home to bins lying on their sides and strewn around the parking bays as the bin wagon backs in then leaves all the bins together in the centre of the turning point. If any blew onto any of our cars on bin day it would be bad luck but we have a choice, park elsewhere on bin days or take the risk. You had a choice, you knew there was a gap in the fence the bin could come through but you still parked there.


I love you're 'Id tell them to fix it right away!' you are obviously a dream neighbour, lets hope you never need help from these people.

No, I'd still park next to the crumbling wall and tell the neighbours to sort it, or they'll be liable for any damage to my car. I don't see why I shouldn't be able to use my own driveway because they haven't looked after their wall. As I said before, there's nowhere else for me to park!

rudekid48

MercOwner wrote: »

No, I'd still park next to the crumbling wall and tell the neighbours to sort it, or they'll be liable for any damage to my car. I don't see why I shouldn't be able to use my own driveway because they haven't looked after their wall. As I said before, there's nowhere else for me to park!

:rotfl: I suspected that the OP was a troll and this seals it for me :rotfl:

Congrats to the OP though, kept it going for a good while :T :beer:

Mojisola

MercOwner wrote: »

It's worth a go and seeing where I get to- ok it might not be clear cut, but I'm sure a judge would sympathise with me. They're car owners too!

But won't they also have wheelie bins?

GwylimT

MercOwner wrote: »

No, I'd still park next to the crumbling wall and tell the neighbours to sort it, or they'll be liable for any damage to my car. I don't see why I shouldn't be able to use my own driveway because they haven't looked after their wall. As I said before, there's nowhere else for me to park!

So where would you park while the wall was being rebuilt? I must say its the first time I have encountered a driveway which didn't have access to a road!

swingaloo

[QUOTE=GwylimT;68461817]So where would you park while the wall was being rebuilt? I must say its the first time I have encountered a driveway which didn't have access to a road![/QUOTE]



The answer to this is obvious! In HER DRIVE. Why should she move her car just because there's a wagon backing in delivering a ton of bricks or a skip, or workmen digging to put in concrete posts, or workmen erecting and spraying a new fence.


After all, if they damage they car she or he will 'make them pay'.


Honestly you couldn't make it up!