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Car Park Lamp Post...

Not sure if this is the right place to post this as it's not requesting advice about a parking fine, rather an incident that happened in a car park.

On Sunday I went to a retail park in Banbury and reversed my car into a parking space as normal. It was between two cars and there was a lamp post behind me, which I could see and I was judging the space I had based on this. My car is an estate so the back window is pretty much where the back of the car is, and with the car being quite long I had to reverse all the way up to it to stop the front hanging over the edge of the space.

There was suddenly a loud crack, but I was still a good foot and a half away from the lamp post. I get out of the car, and am absolutely enraged to find that there is a metal railing all the way around the lamp post, which was below the windscreen line of the car. It has cracked the plastic bodywork and basically made a hole in the back of my car.

There is absolutely no way I could have seen the railing before reversing with two cars parked either side. The railing protrudes a long way into the parking space, to the point that the car will not fit fully into the parking space. It's a Subaru Legacy, not a Humvee, so basically the space is not fit for purpose. Judging by the broken glass around it, I was not the first to do this. See the photo of the guy who parked there after me. That car is a 1 series and it only just fits in. You will see cars in other spaces behind are parked further in.

Anyway as you can imagine I am livid. Initially with myself, but then after looking at it I realized it was actually not my fault at all. So basically I'm now wondering if there's anything I can actually do to claim the cost of the repair from the owners of the car park?

I only bought the car a few months ago, and now I've been quoted £600 for a new tailgate from my local Subaru dealer without fitting or painting (no chance) and the cheapest I've found on ebay is still £100, and then I have to fit it myself. As you can see from the photo, due to the material it can't be repaired like a normal bodywork dent, it needs replacing.

Obviously it's pretty tricky to go in with "I crashed into your car park can you pay for the repair" angle, and if I felt it was actually my fault I'd just suck it up and accept the repair bill. But the more I think about it the more it !!!!es me off because the railing is so unnecessary. I'd love to get some money out of whatever idiot decided it should be there. After all, car park owners aren't exactly known for giving us motorists a break...

Do you think there's any chance at all of success? What would be the procedure for trying to get somewhere? I have the details of the company who owns the car park - see the sign in the last picture.

Some pictures here:
https://imgur.com/a/F8rwuK3
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Comments

  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As you say, you drove into a stationary object.

    Difficult to see how anyone else can be blamed for that.

    I cannot see that you have any chance of claiming off anyone except your fully comprehensive insurance policy.
  • Coupon-mad
    Coupon-mad Posts: 149,388 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I agree.

    My only ever accident (maybe 25 years ago) was reversing into a wrought iron decorative park bench, on the edge of a roadway through a local park, and it was my fault for not seeing the low bench or remembering they were there when I did a 3 point turn!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BrokeStudent91
    BrokeStudent91 Posts: 20 Forumite
    Seventh Anniversary Combo Breaker
    edited 26 November 2018 at 11:35PM
    I know, I know. Seems like a lost cause.

    But just look at it. I mean at the very best it's poor planning. And as I say, I clearly wasn't the first one to fall foul of it. There is broken glass all around it.

    You could use the same argument for driving into a pot hole. You can argue that you drove into a hole in the road so it's your fault. But if it's not visible then how do you avoid it? You reverse into a marked parking space in good faith that the car park owners haven't used up half the space for an unnecessary railing!
  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BS91, if you want to pursue it then ask a board guide to move this thread to The Motoring Board.

    But beware... you may not get the sympathy seem to want.
  • I don't want sympathy. Wouldn't mind having a chat with the bloke who put it there...

    The advice I was after was whether anyone thinks there's any chance of getting anywhere with a claim. I don't want to waste my time. Seems I have my answer.

    Well it was nice to just vent about it if nothing else...
  • Umkomaas
    Umkomaas Posts: 42,991 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Get your MP involved. Will provide him/her some distraction from Brexit. Might find it less complicated.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • They put bars/rails around them to stop people reversing into them;)no chance whatsoever of success......put it down to lesson learnt
  • Umkomaas
    Umkomaas Posts: 42,991 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They put bars/rails around them to stop people reversing into them;)no chance whatsoever of success......put it down to lesson learnt

    Kerunchhhhh!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 November 2018 at 12:24AM
    many car parks have low railings around obstructions, I parked in asda the other day and there were low yellow railings around each and every signpost , lamp post and various other obstructions. these were below the level of my hatchback too, but I did see the signpost in my mirrors

    its the drivers duty to check and if in doubt , get out and check like I did (and yes they encroach into the parking space), could even be a small child walking behind your vehicle, not their fault that they are 1 metre and not 2 metres tall !!

    whilst we understand where you are coming from, as a driver the onus is on you and the company will state that vehicles are parked at the owners risk, especially if they are controlling the vehicle at the time
  • BrokeStudent91
    BrokeStudent91 Posts: 20 Forumite
    Seventh Anniversary Combo Breaker
    edited 27 November 2018 at 12:16AM
    They put bars/rails around them to stop people reversing into them;)t

    Well obviously.

    But why would you put a rail there which protrudes so far into the parking space, when it could be less than half the radius and still do the same job without arbitrarily damaging people's cars. Moreover, if you put something higher in, people might even be able to see it before they reverse into it (a bit like the lamp post actually!)

    Luckily for the car park owners the expensive new car was no match for the railing, and the railing sustained zero damage. Not even a mere scratch. How fortunate for them.
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