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  • FIRST POST
    • Gettingtherequickly
    • By Gettingtherequickly 13th Jun 17, 3:02 PM
    • 3,608Posts
    • 15,641Thanks
    Gettingtherequickly
    Costs incurred due to vehicle parked in suspended bay
    • #1
    • 13th Jun 17, 3:02 PM
    Costs incurred due to vehicle parked in suspended bay 13th Jun 17 at 3:02 PM
    Hi

    Not sure where I should post this, but hopefully someone can point me in the correct direction.

    I work for a construction company which needed a crane in place at a site, crane company applied for the road closure & bay suspension licences & were charged to us ultimately.

    Day of the operation, there is a vehicle parked in one of the bays. Council were phoned immediately as all of our subcontractor vehicles were on site. Unfortunately, as it took 5 hours for the council to come & remove the vehicle, we have been stung for 10 hours waiting time (2 lorries x 5 hours).

    I complained to the council who have offered, as a goodwill gesture, to refund 50% of the bay suspension costs. While I appreciate that they have costs involved in removing the vehicle (ironically the owner had his PCN cancelled as he was on holidays when the suspension notices were posted!), this amounts to less than 20% of the waiting time cost we have been charged, and this doesn't include the cost of having our staff on site for the period. Our client, quite rightly, is refusing to contribute to the cost.

    Are there ways of claiming our costs? Had the bays been cleared, the road would have been opened again a lot earlier, which as there is a school close by, could only have been in their best interest.

    TIA
    A smile costs little but creates much
Page 1
    • AdrianC
    • By AdrianC 13th Jun 17, 3:07 PM
    • 17,175 Posts
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    AdrianC
    • #2
    • 13th Jun 17, 3:07 PM
    • #2
    • 13th Jun 17, 3:07 PM
    What do the Ts & Cs you signed with the council for the suspension say?
    • Gettingtherequickly
    • By Gettingtherequickly 13th Jun 17, 3:17 PM
    • 3,608 Posts
    • 15,641 Thanks
    Gettingtherequickly
    • #3
    • 13th Jun 17, 3:17 PM
    • #3
    • 13th Jun 17, 3:17 PM
    What do the Ts & Cs you signed with the council for the suspension say?
    Originally posted by AdrianC
    The suspension was arranged by the crane company.
    A smile costs little but creates much
    • AdrianC
    • By AdrianC 13th Jun 17, 3:20 PM
    • 17,175 Posts
    • 15,482 Thanks
    AdrianC
    • #4
    • 13th Jun 17, 3:20 PM
    • #4
    • 13th Jun 17, 3:20 PM
    The suspension was arranged by the crane company.
    Originally posted by Gettingtherequickly
    So your contract is with them. What do the Ts & Cs of your contract with them say?
    • Gettingtherequickly
    • By Gettingtherequickly 13th Jun 17, 3:23 PM
    • 3,608 Posts
    • 15,641 Thanks
    Gettingtherequickly
    • #5
    • 13th Jun 17, 3:23 PM
    • #5
    • 13th Jun 17, 3:23 PM
    So your contract is with them. What do the Ts & Cs of your contract with them say?
    Originally posted by AdrianC
    Ok, will check those out & come back, thanks for the help so far.
    A smile costs little but creates much
    • Guest101
    • By Guest101 13th Jun 17, 3:53 PM
    • 15,118 Posts
    • 14,796 Thanks
    Guest101
    • #6
    • 13th Jun 17, 3:53 PM
    • #6
    • 13th Jun 17, 3:53 PM
    I'd say it's unlikely that you'd be compensated for this, it's part of the costs and should be factored in.
    • AdrianC
    • By AdrianC 13th Jun 17, 4:10 PM
    • 17,175 Posts
    • 15,482 Thanks
    AdrianC
    • #7
    • 13th Jun 17, 4:10 PM
    • #7
    • 13th Jun 17, 4:10 PM
    You would also need to prove that you had made all reasonable steps to mitigate the losses.
    • agrinnall
    • By agrinnall 13th Jun 17, 7:26 PM
    • 19,897 Posts
    • 15,606 Thanks
    agrinnall
    • #8
    • 13th Jun 17, 7:26 PM
    • #8
    • 13th Jun 17, 7:26 PM
    You had a big crane, why didn't you just use it to pick the car up and move it out of the way?
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