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Thread: Unfair Car Park Damage!

  1. #1
    A4_MaJiK's Avatar
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    Unfair Car Park Damage!

    Hi there everyone, would be grateful for your opinions, advice and suggestions on this one as well as if there are and legal side of things I should be aware of too (not too great with all that stuff).

    So last weekend I went up to Manchester with a few friends and cousins to celebrate one of my cousin's 21st (had a great time BTW). We were staying at an apartment for two nights in the central area of Manchester (won't mention which one at this point). So the plan was to park the car at a secure car park opposite for £5/night for the two nights as the apartment wanted £15/night for their underground car park. Well turned out I had to get a ticket in advance for the car park opposite as it was not manned after 8pm. Street parking wasn't really a viable option for me as I have had bad experiences in the past with my last car and it is P&D Mon-Sun from 8am-8pm so I think that means I'd have to get up in the morning to display a ticket?

    Anyway, I kinda sweet talked the security guard into letting me into the car park as I didn't wanna park in the street and kinda lied saying I had paid for it but didn't get a code e-mailed to me when in fact I never (karma is a bi*** I know!). So he kindly let me in also asking me not to tell the morning staff that he done so too.

    So I drove down into this car park once he had opened it and it was so tight and dark! The tube lights were only lit at the edges I could only see what my headlights/tail lights would light up. Anyway theres a sharp left followed by another sharp left bend as you go down with walls either side. I tried checking my side mirrors to check the clearance but couldn't see anything due to the lack of lighting in the car park. As I was on my own and reversing back round backwards didn't seem like a good idea with my headlights being my best form of lighting I decided to just drive on. BANG! SCRAPE! Hit a part of the wall I didn't see on the left rear quarter wheel arch area.

    I got out and had a look and almost cried when I saw the damage that had been done. The wheel had taken most of the damage (as I have spacers fitted) but still left the paintwork prone to some damage.

    So I went up to the apartment and told one of my cousins what had happened, so we came back down to car park to have a look and noticed EVERY single car in the car park had been inflicted with the same/similar/worse damage in the same area! So I began taking pictures at this point of the other vehicles damages, the car park, the lighting (or lack of) and the damages I had suffered. I also noticed the various different colours of car paint on the wall as well as the fact it had been rebuilt/cemented a number of times. I won't post all of the pictures here but I also snapped up a part of the T&C's of our stay which mentions a bit about parking which may be of interest to those of you with the legal knowledge/background.



    I'm not sure what I'm going to do as of yet but I was thinking about e-mailing them demanding full contribution towards the damage or I shall pursue legal action with the following:
    1. Statement of what had happened.
    2. Invoice of damages.
    3. Similar/same/worse damage to ALL other vehicles in the car park. Coincidence?
    4. Improper lighting in car park (very difficult to see at night)
    5. Car paint markings on the wall.
    6. Rebuilt/recemented wall.
    7. No warning signs to be seen anywhere.
    All opinions/advice welcome. Here are a few pictures in relation to the incident.

    Thanks in advance, Azeem.






























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  3. #2
    StateOfPlay's Avatar
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    Not sure mate. You hit their wall so I am not sure what grounds you have. Normally the disclaimers are about other people damaging your car, not you damaging it. And you didn't have a ticket, so legally I reckon they would be able to dismiss the case straight away. It could cost you a lot of money unless you get a no win/no fee legal firm. Do you have legal expenses cover on your car or home insurance?
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    Quote Originally Posted by StateOfPlay View Post
    Not sure mate. You hit their wall so I am not sure what grounds you have. Normally the disclaimers are about other people damaging your car, not you damaging it. And you didn't have a ticket, so legally I reckon they would be able to dismiss the case straight away. It could cost you a lot of money unless you get a no win/no fee legal firm. Do you have legal expenses cover on your car or home insurance?
    I did think about the fact I hit THEIR wall but it would have happened if I had paid for parking or not. I was going to pay for the parking in the morning as the security guard couldn't process it anyway but after that happened I thought sod it!

    I'm pretty sure I have legal cover up to a certain amount on my insurance but my excess is something stupid like £500 and I could just get the damage repaired for that amount. Perhaps if I ask them for a contribution towards the damages instead. Surely EVERY car having the same damage in the car park isn't just a coincidence!? I'm surprised I didn't find anything on the TripAdvisor reviews about this issue.

    Az

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  5. #4
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    I don't think the legal expenses cover affects your no claims bonus. So don't claim for the damage, just see if you can use the legal cover to claim it off the car park owners first.
    Live your life as if nobody is watching you.

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    As above really, you was driving, who else is to blame!?

    I bet the owners of all the other cars felt like a twat afterwards as well, so probably not mentioned it, I know I would.

    Hope it's a cheap fix though, it never nice to have a scrape!



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    I'm sorry but this reminds of the burglars who try to sue the owner of a house they are attempting to rob because they fell through a glass roof and injured themselves.

    In a nutshell.... you lied to gain access to a carpark, then scraped your car on their wall, and now you want to claim from them???


    Take it on the chin mate and move on.

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    Why is it always someone elses fault
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    Looking at the rebuilt section on that wall it looks like it has had a severe clattering in the past. If it had been rebuilt badly and caused an obstruction then you may have a case, but it isn't. Well, its rebuilt badly but its not go bits sticking out.
    And I bet if the wall wasn't there, there would be scrape marks on the pillar.

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    id take it on the chin
    you shouldnt have been in there in the first place as you didnt have a ticket.

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    I agree with the others. Unfortunately for you i dont think you have a leg to stand on, especially since you weren't legally allowed to be there.

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    Quote Originally Posted by johnnythepie View Post
    Why is it always someone elses fault
    I reckon Suarez was to blame!
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    Quote Originally Posted by jojo View Post
    I reckon Suarez was to blame!
    Biting passing cars on his 10-game ban haha.

    TBF if Suarez jumped out and starting nibbling on the cars there would be something to cry about, but seeing as a static wall doesn't really 'jump' out this thread....is.....silly.
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    Anyway, I kinda sweet talked the security guard into letting me into the car park as I didn't wanna park in the street and kinda lied saying I had paid for it but didn't get a code e-mailed to me when in fact I never
    As I was on my own and reversing back round backwards didn't seem like a good idea with my headlights being my best form of lighting I decided to just drive on.
    ^^ just a couple of things from your post...


    Unless I've read this wrong... you've damaged your own car with poor driving, and you are trying not only to blame someone else, but expect them to pay for your car to get fixed?!?!?!

    Also, your pictures of other cars is useless unless you have 100% proof that their damage was caused at that location... and that their damage wasn't their own fault, like yours...

    I would be chasing you for careless damage to my wall if I owned that car park...

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    Sorry it's happened, Azeem, but I agree with the previous posters. You have no legal recourse against the car park operator. If you tried to sue, you'd end up with an even bigger bill to cover their legal costs. Put your energies into finding out the most cost effective way of getting the car repaired.

    all the best

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    NHN
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    With respect, your decision to park there & sort of underhanded, its your responsibility nobody else's, just fix the car & think of it as a learning curve :P
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    Thanks for all your responses guys. Nobody ever wants to blame themselves I suppose lol but I just wanted more opinions on the situation (i.e. non biased) from an outside perspective. Fair to say you guys have done just that and I appreciate it.

    I was just thinking it could have been prevented if there was a sign cautioning me or there was proper lighting. Theres no way anybody can get down or out of there without a second set of eyes outside the vehicle thats for a fact.

    Would you say it is worth highlighting the issue with the apartment company so they can take action against this happening to others in future by perhaps fixing their lighting or putting a warning sign up?

    Thanks again, Azeem.
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  19. #18
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    id leave them to it
    if they were gona warn ppl or do the lights they would have done it already.

 

 

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