Delivery company damaged driveway - Small claims possible?

p5x

We had a newly laid concrete driveway installed a few months ago. The driveway was cordoned off (I have photos of this) and the contractors left the site.

On the same afternoon, a Yodel delivery driver bypassed the cordon by using our neighbour's property and walking on the wet driveway. There are imprints of his footsteps on the driveway and even an imprint of the box where he put it down in order to ring the doorbell.

We have complained to the delivery company, at first they accepted that their driver had done this but since then we have had no meaningful replies from them despite several attempts. We have proposed mediation but not had a response regarding this either.

The cost to rectify the damage is around £5k but I just wondered whether we would have a chance of success, from a legal point of view, going through MCOL for this.

Any help appreciated.

DoaM

What evidence do you have that it was the Yodel driver? (Other than the box imprint). Did someone answer the door and see the problem at the time?

davidmcn

A (written?) admission that their driver did it seems reasonable evidence to go on. But how obvious was the cordon and the reason for it?

m0bov

We would need to see photos of the damage, the cordon and what Yodel say before anyone can possibly make any sort of opinion.

ShaneUK

I am struggling to comprehend how the damage would be £5k? Surely just the areas that have been walked in/have the box imprint can be "redone"?

p5x

1. I have written admission by the company which states that the delivery driver admitted causing the damage.
2. The cordon was enough of a deterrent that the driver had to enter my property by going through my neighbours driveway.
3. The driver left the parcel with my neighbour after nobody answered the door at my house.
4. I have had quotes from several companies and they have all given a similar cost for repairing the damage. It can't just be "redone" around the defects as it will stand out cosmetically.

davidmcn

p5x wrote: »

2. The cordon was enough of a deterrent that the driver had to enter my property by going through my neighbours driveway.

But arguably didn't make clear enough that they were likely to cause £5k of damage by walking across it. If it's that sensitive/valuable, why leave it unattended (especially if expecting a delivery)?

ThumbRemote

p5x wrote: »

1. I have written admission by the company which states that the delivery driver admitted causing the damage.
2. The cordon was enough of a deterrent that the driver had to enter my property by going through my neighbours driveway.
3. The driver left the parcel with my neighbour after nobody answered the door at my house.
4. I have had quotes from several companies and they have all given a similar cost for repairing the damage. It can't just be "redone" around the defects as it will stand out cosmetically.

Based on this, I would suggest the small claims court would be worthwhile. They've admitted the damage. You have quotes of how much it costs to put right.

The only real defence they have would be if the access from your neighbours was simple and easy (ie no fence or wall to climb) they could claim they delivered to the neighbours first and walked across. But without going to court you've lost 5k, you have very little extra to lose in pursuing it.

Send a letter before action to Yodel - this is both necessary protocol, and may just focus their minds sufficiently to pay up in advance.

Aylesbury_Duck

£5,000? I also find that astonishing. Is it a case that the companies that have quoted know that this might be an insurance/claim job and have priced it accordingly?

Any pictures of this damage?

I think your claim might be considered unreasonable at that price. Defects "standing out cosmetically" might be important on a restored painting or a car body repair, but this is a concrete driveway. It's not going to stay pristine for long anyway. Unless the damage is much more severe than I'm imagining, in which case I'd love to see the photos

ess0two

5k to repair? how much was the finished job?

Keep_pedalling

ess0two wrote: »

5k to repair? how much was the finished job?

You can’t really repair a section of a solid concrete, so I suspect repair means ripping all the old concrete out and laying new.