Scratched 911

[richard bradshaw]

Hello

My first post, although been a member of 911uk for over a year and enjoying viewing the forum posts.

My post is a rant about 3rd parties damaging your motor (a rant) and a request for advice for others who've had similar problems.

So, I garage my car (964 c2) in one of those underground spaces. Keeps it off the street, a bit safer, and lowers my Insurance, which is great given that I live in central London.

Turn up at the car last Saturday to find it covered in builder's dust and (horror) with a 10cm scratch on the bonnet. Turns our the landlord had done some work on the lights for the garage. Trouble is that nobody is owning up and they are pointing to some dodgy clause that says "no responsibility". I reckon that have a "duty of care" so I'm starting a battle with the landlord who is Corporation of London. Joy!

Seems that no matter how careful you are it is always somebody else. Last year it was a stolen motorcycle damaging my rear bumper in a chase (i was a bystander!)

I'm going to take this one on myself since scared that if involve the insurers that I lose and my premium goes up. So I'll be doing my best Quincy/LA Law impressions over the next few months.

ANy advice on this welcomed. Also, how much likely to cost for respray since Prestige haven't been around for a quote yet.

Richard



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[Robertb]

Really annoying- very sorry to hear it. I'm not a lawyer, but the difficulty is proving who did it.

But I struggle to see how car-parks can charge money for you to park, and then accept no responsibility for damage caused, so might be worth a phone call to a lawyer.

Good luck...


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[Richard Eff]

Is there anything in your tenancy agreement that might assist as it sounds from the way you phrase things that you have some sort of formal agreement to park there?

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[Wolvreen]

Did you take any pics for proof?

Any witnesses to the discovered mess?

Any idea what could have caused the scratch?

Any CCTV in operation?

I am not a bottom feeder, before anyone asks.

Sorry to hear about your probs.


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[richard bradshaw]

Did you take any pics for proof? Yep. have photos of the scratch, dust, work that went on above the car (replaced light fitting) and the old light fittings in the garbage container in the garage.

Any witnesses to the discovered mess? only me and my missus when we went to get the motor.

Any idea what could have caused the scratch? i reckon either a falling light fitting or the a light fitting being carried away that has fallen onto the bonnet/sweeped over the bonnet.

Any CCTV in operation? No - I'm reckoning that this will come soon since a few of the other residents have mentioned it and it doesn't cost a lot to install these systems with a basic recording capability. The cost is the people watching it!

I am not a bottom feeder, before anyone asks. Guess that means the same as ambulance chaser?? To be fair, a decent lawyer or similar would probably be helpful at some later stage.

Sorry to hear about your probs. thanks fellow 911uk'er .


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[Tiptop Topcat]

Sorry to hear of your troubles.

I'm not a lawyer but think you might have a fight on your hands. But as someone involved in property, the first thing I'd do is check the agreement / lease for renting the parking space. Does it contain obligations for both the landlord and or tenant? It may be that the Landlord is obliged to maintain Insurance cover for this sort of occurence. No signage can remove your legaql rights but a contract / agreement can unless a court would deem the clause unreasonable and therefore unenforcable.

If you knew who had caused the damage, you could look to them and their insurer for the cost of repair. However, if it could be shown that the damage was caused by the landlord's subcontractor, then you may have redress against the landlord and them against their contractor.

Unfortunately, there is no real proof of who or what caused the damage, or, from the landlord's perspective, when? However, it wouldn't cost anything but time to submit a claim for the repair and see what happens. I'd guess you may get stone-walled but if you have a good relationship with the landlord, it may be possible to sort it out by having a discreet word.

BTW, a 911 owner was responsible for a door shut dent in my car and just drove off. :roll:




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[richard bradshaw]

the landlord (COrporation of London) has written back to me stating that they are investigating what has happened. let's see how we get on.

Thank-you to those who have given me some advice. Useful to get ideas from others before storming in.


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[Shed17]

To get anywhere with the claim, you will have to demonstrate that the landlord was negligent in some way, other than that you will have to hope that they extend some goodwill

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[Tiptop Topcat]

With current H&S legislation and the demostrable fact that the car has been damaged, it would quite simple to show negligence. The landlord would have to produce a risk assessment confirming the action to be taken to prevent risk to indviduals or property from falling materials / tools / objects etc whilst carrying out overhead work. They'd then need to demonstrate how it had been implemented and monitored.

What needs to be demonstrated is that the damage to the car was caused in the garage by works carried out by or on the landlords behalf.

With CoL, I would have expected them to investigate what works had been commissioned and then assess the probability of the claim being an honest submission before offering some settlement.


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[Shed17]

Quote: Originally posted by Anthony Corbett on 02 June 2005

With current H&S legislation and the demostrable fact that the car has been damaged, it would quite simple to show negligence.

It is never simple to prove negligence!

Putting emotions aside and I know I would be upset, why is the landlord responsible? I am playing devils advocate here. Unless there is proof that he or one of his agents acted negligently, as I said before you may have to rely on goodwill. A retort would be for you to prove that the scratch was not there prior to works being started.




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[richard bradshaw]

i'll be interested to see what the CoL's version of events is. i'm certain they'll blame it on vandals. let's see.

btw, the story about the motorbike is more exciting. result was a replacement rear bumper, a written off Rover 200 (oops!) and a crackhead on a stolen motorbike that is very lucky I didn't choose to run him over.






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