Council Car Park - Damage to Car Claim?

N|cky

I've been scouring the internet trying to find information on how or who to contact to make a claim for damage on my car due to their car park not being properly maintained whilst charging a fee to park there?

There are about three bollards, the old heavy metal type that have previously been half knocked down. You can actually see all the different colours of paint scuff marks all over the bollards. Turns out when I drove forward to get out the crowded car park, I could not see the half knocked down bollard in either of my mirrors and drove forward, turns out that it scraped the bottom bit of my car, just below the car door, quite a visible dent from the ball on the bollard.

I've got my receipt for parking in their car park and I've taken numerous photos of the damage and the bollard being previous knocked. I'd like to try to claim for damages from the council as they should be inspecting their property and making repairs... those bollards have been like that for months.

Any ideas?

Tothepoint.

I'd imagine its like hitting a pothole you can only claim if the council have been negligent. First off you'll need to establish whether the council are liable and they were aware of the damage bollard.

societys_child

N|cky wrote: »

I've been scouring the internet trying to find information on how or who to contact to make a claim for damage on my car due to their car park not being properly maintained whilst charging a fee to park there?

There are about three bollards, the old heavy metal type that have previously been half knocked down. You can actually see all the different colours of paint scuff marks all over the bollards. Turns out when I drove forward to get out the crowded car park, I could not see the half knocked down bollard in either of my mirrors and drove forward, turns out that it scraped the bottom bit of my car, just below the car door, quite a visible dent from the ball on the bollard.

I've got my receipt for parking in their car park and I've taken numerous photos of the damage and the bollard being previous knocked. I'd like to try to claim for damages from the council as they should be inspecting their property and making repairs... those bollards have been like that for months.
You knew this, but still managed to hit them?

Any ideas?

Car parks usually have a disclaimer stating the owners are not liable for any loss or damage, and of course there is the argument that you drove into a stationary object.

AdrianC

So lemme get this straight...

There are some big, solid, heavy metal bollards.
You knew the bollards were there.
You knew they'd been wonky for months.

And yet you STILL drove into one?

And you think this is somebody else's fault...?

BTW - you couldn't see it in your mirrors as you drove forwards?

rich13348

Disclaimer means nothing its not legally binding if they were negligent. Go to the relevant councils website and look down the list of departments and pick the one that seems to be the likely and email or write to them outlining your complaint and what redress you are looking for.

N|cky

I get the impression that a lot of people on here think that after a quick buck and to pass the blame on to someone else. That is not the case, I am merely asking a question before I pursue the matter further.

Guess we can argue all day long on the terminology on the fact that the bollards were stationary and that I drove into them, could you not say the same about a pothole which is also stationary?

The bollard was not at the back of my car, it was at the side and leaning INTO the parking space, that is why I am possibly thinking about a possible claim.

Thank you to those pointing out various items, at least its a lot more constructive than being attacked...

firefox1956

If you claim off the councils insurance you will have a 'no fault claim' marker on your car insurance.
I would therefore approach this rather more carefully.
My personal opinion ??
Forget it & move on.
HTH

foxy-stoat

N|cky wrote: »

I get the impression that a lot of people on here think that after a quick buck and to pass the blame on to someone else. That is not the case, I am merely asking a question before I pursue the matter further.

Guess we can argue all day long on the terminology on the fact that the bollards were stationary and that I drove into them, could you not say the same about a pothole which is also stationary?

The bollard was not at the back of my car, it was at the side and leaning INTO the parking space, that is why I am possibly thinking about a possible claim.

Thank you to those pointing out various items, at least its a lot more constructive than being attacked...

The only way I can see you being sucessful if you tried to claim from the council is if the bollard suddernly broke off and hit your car due to poor maintenance - if it was stationary and you drove into it then you were not driving with due care and attention. Good job it wasnt a small child that is the size of a bollard that you hit!

Either repair it yourself or claim off your own insurance.

dannyrst

You parked in a space that had a bollard intruding into it, which you must have seen when you parked there. When leaving, you should have been careful not to hit it. More to the point, you accepted the state the bollard was in when you parked in the space. Nobody forced you to park there. You could have parked elsewhere.

As for comparing this to a pothole, it would be like driving past a pothole, seeing it, avoiding it...then turning around and driving through it.

phoenix_w

N|cky wrote: »

Thank you to those pointing out various items, at least its a lot more constructive than being attacked...

Unfortunately asking questions on public forums is a quick way to get a reality check and hear things you don't like - it's not pleasant experience. I've had it before on MSE where I assumed my worldview was 'right' before a majority of posters descended on me to say I was out of order...

The only way you'll find out if you can claim is to try, and to be honest I don't fancy your chances - and I fancy them less if the council find your initial post and relate it to you personally since you've indicated you have known about the condition of the bollards before you parked (unless you can convince them that knowing they've been in that condition "for months" is an educated guess based on the condition of them).

AdrianC

N|cky wrote: »

I get the impression that a lot of people on here think that after a quick buck and to pass the blame on to someone else.

Oh, OK. So we're all in agreement that there's nobody but yourself to blame, and that the only sources of likely money for repair are your own pocket or that of your insurer?

Because, unless we do, then you ARE trying to pass the blame and cost...

Guess we can argue all day long on the terminology on the fact that the bollards were stationary and that I drove into them, could you not say the same about a pothole which is also stationary?

Yep, we certainly could...