Staff parking space, Damage

Brandyfs

Recently, when reversing out of a staff parking space at work, my exhaust was damaged and has had to be replaced. The parking gate was not correctly secured to the ground and flipped up into the underside of my car, loosening the exhaust which later fell off. Part and replacement has cost me nearly £180.

I have been told that if i park in these spaces I do so at my own risk. I would usually take this as meaning I can't blame them for any damage by a third party or the car being stolen. But to me this seems as if the damage has been caused by the lack of upkeep to the parking gate, which has since been removed as my exhaust completely ripped it out of the ground.

Does anyone know if I have any argument here?

Comms69

Depends, how long have you worked there?

AstroTurtle

Brandyfs wrote: »

Recently, when reversing out of a staff parking space at work, my exhaust was damaged and has had to be replaced. The parking gate was not correctly secured to the ground and flipped up into the underside of my car, loosening the exhaust which later fell off. Part and replacement has cost me nearly £180.

I have been told that if i park in these spaces I do so at my own risk. I would usually take this as meaning I can't blame them for any damage by a third party or the car being stolen. But to me this seems as if the damage has been caused by the lack of upkeep to the parking gate, which has since been removed as my exhaust completely ripped it out of the ground.

Does anyone know if I have any argument here?

Do they have to upkeep the parking gate? If it's private land and private parking (For staff) then you probably don't have much of an argument and even if you did, is it worth making things sour with your employer over an exhaust?

andygb

I cannot really picture this. Could you possibly upload an image of one of these parking gates?
How could it flip up?
I could see a possible scenario where they try to charge you for damaging the parking gate.

kingfisherblue

andygb wrote: »

I cannot really picture this. Could you possibly upload an image of one of these parking gates?
How could it flip up?
I could see a possible scenario where they try to charge you for damaging the parking gate.

Glad I'm not the only one - I just can't get a picture in my mind.

paddedjohn

andygb wrote: »

I cannot really picture this. Could you possibly upload an image of one of these parking gates?
How could it flip up?
I could see a possible scenario where they try to charge you for damaging the parking gate.

Sounds to me like the car park was fitted with those one way flaps in the ground that allow the cars to enter but not leave by that route, if so then the op only has theirselves to blame for reversing over them.

ceegee

If the damage was caused by their negligence then they are liable. These "accept no responsibility" notices are not worth the metal they are printed on, if the damage was caused by them having been negligent in some way.

That is what I recall from studying general principles of English law in 1972/3! Also backed up by working in motor insurance claims department for 8 years in the 70s and 80s. However, this does not constitute legal advice, of course. Get some advice from a properly qualified person and don't be fobbed off by your employers.

Brandyfs

To answer people's queries, the gate I refer to is the kind used to stop people from parking there when no one is using it. You pull it upright and lock it in place, and lay it down when you are parking. They have been in bad condition since my employer took over the lease for the building and parking spaces. The bolts used to secure them to the ground had rusted, snapped, and/or come out of the ground.

The spaces face onto a wall so you have no choice but to reverse out of them, and are immediately next to a road so you must drive in at an angle.

The parking spaces are leased with the building, and have since been removed to be replaced with new ones so I unfortunately cannot show you a picture of the state they were in.

z1a

So, a post, not a gate.

Les79

If they have been negligent and caused damage then yes, you should be able to claim costs! Those "left at your own risk" signs are more relating to third party liabilities, for example if Joe Bloggs nicks your car, or keys it, then the business are not liable (but Joe would be).

Then again, I'm in no way an expert; I in fact don't really know. You would benefit from speaking to either a lawyer (no win, no fee?) and/or CAB.

Also, any such claim for damages would need to be proven (and not the vice versa, ie that you caused damage to their property). Also, it will peeve off your employer and you might potentially find your monthly performance reviews being below par... ETC

You have to balance quite a lot of stuff here. On the one hand they may well owe you £180, but on the other hand sucking it up may help you keep the job long enough to earn that £180 deficit in wages.

robatwork

Brandyfs wrote: »

The parking spaces are leased with the building, and have since been removed to be replaced with new ones so I unfortunately cannot show you a picture of the state they were in.

Then apart from anything else, you will have a problem with proof.