HELP!! Builders caused damage and deny liability!!

ashtriplett

Hi, I really need some advice.
I bought a Persimmon new build and moved in October 28th 2016. As my partner drover her car over the 'peak' in the road (between the footpath and private road), the angle was such that her front underbumper hit the peak and cracked.
I have had many phone calls etc and logged the issue less than 5 minutes after it happened. Persimmon have carried out work to this peak over 5 times and yet they deny liability for the damage caused.
I have had a claim rejected twice, I am not at a point where I don't know who to speak toor what action to take?? can anyone advise???

stator

If the work isn't up to standard you could contact the council and ask them to inspect it for compliance.

If you believe they are negligent then you send a letter before action and if they don't resolve it you take them to small claims court.

Cakeguts

I actually have no idea what you mean by peak? Anyway I don't think it is anything to do with Persimmon it is probably more to do with the design of the car. Persimmon can't know in advance what sort of car someone is going to buy and they can't allow for ones that are low on the road. I assume that there has to be a peak (whatever that is) so the answer is either to not drive over it or to find a car that is not so low on the ground at the front.

G_M

Not sure what a 'peak' is, nor why she was driving over a footpath.....

As for liability, I know that as regards potholes etc on council-maintained roads, they (the council) are only responsible for damage if

a) the pothole in question has been previously reported to them/brought to their notice, and
b) they have not fixed it within a 'reasonable' period of time (I believe there's a defintion of reasonable - 7 days? Not sure).

I'm guessing that this relates to legal concepts of 'negligence' - ie someone negligently ignores an issue they are aware of, and damage results.

Whether the same applies to private roads and 'peaks' I don't know.

But doubtless there is also some responsibility on a driver to be aware of their surroundings and take due care and attention.

ashtriplett

The road is a private road. You drive into the street and are driving downwards as there is a decline in the road. Then there is a bump in the road to drive over onto the private road which all the homeowners are responsible for as it is our street. The peak is the part of the bump the cars go over, almost like edging.
My partners car is a standard model Vauxhall corsa sxi. We moved in and she had our 18 month old baby in the car.
My partner is a people trading manager for ASDA, she drives with due care and attention. 4 of the 7 neighbours lodged complaints before moving in about the incline in the road.
The assistant site manager told us that he no longer parks in the street as he caught his car. Persimmon have re tarmaced the road, but wooden beams down to lift the car back tyres which aids the cars going over.

Slinky

So are you saying this is some sort of 'sleeping policeman' where the heights and angles are wrong so vehicles are catching bumpers on it?

ashtriplett

Kind of like a sleeping policeman.
The private road and the road into the street are 2 different roads, you drive over what is technically a footpath onto the private part, they are at different levels and the cars drive up and over.
The issue was the footpath part wasn't in correctly and was too low, so cats weren't able to drive up and clear the bump part. The back tyres would sink and the fronts or from part of the cars would hit the peak.
Radiators, bumpers, undercarriages have all hit the peak but in my partners case, it cracked her bumper

PasturesNew

Unless there is something particularly "wrong" or "nasty" about this area, or something that changed in the last couple of days, as a car driver I see it as my responsibility when driving along the road and/or on tracks or over kerbs and pavements to ensure that there's enough clearance for my car.

Your post does not really explain to people whether there is something wrong with the surface of the road, or if your car is simply too low to the ground to be of much use other than a driveway ornament.

On the balance of probabilities, I'd stick my £1 on it not being the developer's fault, but being an issue over driver choices. Some surfaces are "too high to get my car over" - and a driver has an amount of responsibility to think "ooh god... won't get it over that, I'd better not try".

In short, unless you can provide evidence/photos etc that there is something wrong with the surface/levels, the people here are unlikely to "back your view of events" en-masse.

ashtriplett

There is no option to upload photos?
Only to copy a URL link, how would I do this if the photos are on my laptop?
Also, there is no option but to drive over this bump to get onto the private road to go to your property.
Since that incident and until they carried out work on the road, I was having to drive up the side of the bump and partly over somebody's front garden as the middle part was too steep

harrys_dad

There does seem to be evidence of a fault existing, and of that fault being reported to the builders.

BLOW_FLY

ashtriplett wrote: »

My partner is a people trading manager for ASDA,

What on earth is a people trading manager....?:eek::eek::eek:

Sounds rather illegal.....

BF