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Electronic car park gates closing unexpectedly

There was a post in 2018 about car park gates closing unexpectedly causing damage to a car.  I have a similar issue, happened a month ago.  I opened the gates with my fob then drove forward.  Halfway through the gates sprung back, scratching one side of my car.  So I did not try to ‘run’ the gates.  I have made an insurance claim but still have to pay the accident repair company £400 which is my excess.  There are no signs saying wait till gates fully open.  There is a long history of these heavy gates being faulty, from staying fully open and staying partly open, but this was a first when they closed unexpectedly.

Who should I go after to claim my £400, the residents association, the management company or the gate maintenance company?  It seems like a public liability issue.
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Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    So the gates started to open, but stopped part-way and closed again? That's why it's sensible to wait for them to fully open before moving forward.

    I would presume it's the management company who are responsible for maintaining them. It certainly won't be the residents' association. The gate maintenance company are contracted by the management company, not by you directly.
  • I should also say I have security camera footage of the incident.
  • sweetsand
    sweetsand Posts: 1,826 Forumite
    1,000 Posts Name Dropper
    50Thou said:
    I should also say I have security camera footage of the incident.
    Dear OP
    Sorry to hear about your bad news.
    You will have a job to prove the gates came back and closed on your car and will need an independent report
    citing the gates can jump back and sandwich the car.

    did you stop between the gates and why did you not let them open fully.

    Take care.
  • Hi, the footage shows the gates opening then I drive forward, the gates show closing.  I stopped a few metres beyond the gates in shock!
  • sweetsand
    sweetsand Posts: 1,826 Forumite
    1,000 Posts Name Dropper
    OP
    Did the gates fully open or partial? I've seen partially open gates coming to close again.
    The gates at our property where changed as we had problems over the years where
    we were fearful of our or family/friends car being sandwiched. We now have the one gate that rolls left to right never
    had a problem with it since installation and we get it serviced once a year, approx once a year.
  • They were in the process of opening as I drove forward.  You can’t close them with the fob, they are timed to close after 2 or 3 minutes.  In 9 years I have never waited for them to open fully, though will do in future just in case!  Well OP I have taken just a little comfort from your story that I’m not the only person who has had this happen to them! I do not really know to whom to make the claim to, the RA should have a public liability policy covering damage to property while on their common areas, and it may be a job to prove negligence on the management company if it was a spurious fault.
  • Thank you Adrian C and sweetsand for your comments.
  • sweetsand
    sweetsand Posts: 1,826 Forumite
    1,000 Posts Name Dropper
    50Thou said:
    Thank you Adrian C and sweetsand for your comments.
    Thank you dear OP as it's rare an OP returns to thank those that have tried to help. You are a very decent person.
    x
  • BillTrac
    BillTrac Posts: 1,869 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    (Vomit)
    50Thou, there should be sensors which prevent the gates closing if obstructed when opening. I assume you were entering the parking area so the gates swing away from you? Then the sensors should stop the gates closing if you move forward.  
  • sweetsand
    sweetsand Posts: 1,826 Forumite
    1,000 Posts Name Dropper
    BillTrac said:
    (Vomit)
    50Thou, there should be sensors which prevent the gates closing if obstructed when opening. I assume you were entering the parking area so the gates swing away from you? Then the sensors should stop the gates closing if you move forward.  
    The sensors you refer too can also be faulty. These electric gates even the best ones can play up, hence our one piece sliding electric gate. We've never been caught out but had close calls with the standard type electric gates and eventually sold them on ebay and were open and honest why we had them changed. One of my siblings has a smaller version our previous electric gates, theirs are about 11 foot wide and they often play up and my sister felt that it was to do with being quick to move through rather than wait until fully open.
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