"Welcome Home to a modified STi7" Courtesy of Parking Express @ Heathrow
15 January 2003, 05:05 PM
#31
That is awful 
. Gutted for you.
From what I remember of the tort of negligence from my business school days, if/when this goes to court, you will need to prove that they owe you a duty of care and that the duty of care was broken.
Suggestion : See a lawyer as soon as possible and ask him / her to act on your behalf. Don't bother trying to handle it yourself. Don't give the car park people any breathing space to delay and bluff you.
Good luck!
Suresh
. Gutted for you.From what I remember of the tort of negligence from my business school days, if/when this goes to court, you will need to prove that they owe you a duty of care and that the duty of care was broken.
Suggestion : See a lawyer as soon as possible and ask him / her to act on your behalf. Don't bother trying to handle it yourself. Don't give the car park people any breathing space to delay and bluff you.
Good luck!
Suresh
15 January 2003, 05:24 PM
#32
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15 January 2003, 05:27 PM
#33
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Really sorry to see that. If you are anything like me, you must be absolutely devastated, p******d off, enraged etc etc....
On a slightly cheerier note though, I am down in Brittannia Village and work @ Canary wharf.
I have seen around here the following:
White bug WRX
DBM with gold Speedlines
P1 x 2
WRX STi type UK (guess that is probably you)
WRX UK 300.
Always great to see, not a lot of waving going on though....
See you around, probably..
Good luck
On a slightly cheerier note though, I am down in Brittannia Village and work @ Canary wharf.
I have seen around here the following:
White bug WRX
DBM with gold Speedlines
P1 x 2
WRX STi type UK (guess that is probably you)
WRX UK 300.
Always great to see, not a lot of waving going on though....
See you around, probably..
Good luck
15 January 2003, 05:55 PM
#34
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Cheers N1 SPAN,
DBM with Gold Speedlines (ST2s) could be my old motor, that went last March when the STi arrived.
I'm in the 'SO bar' loads in Brittania village, if you go in there you are bound to bump into me. Ask Dave the manager he knows exactly who I am.
[Edited to say: think I'll go down there now, first day back at work today since 20th Dec, a beer would ease both this and the above issues!]
Cheers to everyone for the support and particularly the legal stuff! Makes things a little more bearable.
Paul
[Edited by Paul N P - 1/15/2003 6:05:49 PM]
DBM with Gold Speedlines (ST2s) could be my old motor, that went last March when the STi arrived.
I'm in the 'SO bar' loads in Brittania village, if you go in there you are bound to bump into me. Ask Dave the manager he knows exactly who I am.
[Edited to say: think I'll go down there now, first day back at work today since 20th Dec, a beer would ease both this and the above issues!]
Cheers to everyone for the support and particularly the legal stuff! Makes things a little more bearable.
Paul
[Edited by Paul N P - 1/15/2003 6:05:49 PM]
15 January 2003, 06:02 PM
#35
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The standard response is not our responsibility. That gets rid of most of the people who are unsure.
Legally you have paid for a service and it is their property.
Similar to supermarket trolley damage. It is the supermarkets property and they are responsible contrary to notices saying otherwise.
Legally you have paid for a service and it is their property.
Similar to supermarket trolley damage. It is the supermarkets property and they are responsible contrary to notices saying otherwise.
15 January 2003, 06:25 PM
#36
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Only saw the DBM with gold wheels yesterday, so don't reckon it was yours! Unless still in area..
I have only been in that bar once, last week was the only time.
I am just off for a few at Henry Addington, Canary Wharf. Will be getting DLR home tonight!!!!
Maybe catch up at some point. Wave if you spot a DBM with silver speedlines.
Cheers
Rich
I have only been in that bar once, last week was the only time.
I am just off for a few at Henry Addington, Canary Wharf. Will be getting DLR home tonight!!!!
Maybe catch up at some point. Wave if you spot a DBM with silver speedlines.
Cheers
Rich
15 January 2003, 09:19 PM
#38
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Paul, I'm getting the Ecutek mod soon, give me a shout and perhaps we can hook up seeing as you are just down the road.
Ed
Ed
15 January 2003, 10:55 PM
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I think there is a website where you submit your problem....try searching google maybe? There must be a number for them too?
16 January 2003, 08:09 PM
#41
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Eventually managed to speak to the appropriate person at Parking Express (after 25 attempts since Monday afternoon). Naturally he denied all responsibility. The fella in question hadn't even seen the car/accident site, didn't understand any of the details and of course nothing showed up on the CCTV cameras situated just above my motor.
He told me that it was caused by a 3rd party (what a surprise) and not their responsibility!
After a 30 minute discussion I convinced him that he clearly hadn't read his 'accident report' properly, which plainly stated facts he was not clear about. He even tried to convince me that the damage was the other side of the car.
What is interesting though and he was happy to mention this: is the carpark is used as an access route for BAA waste disposal vehicles. In fact the non-public access gate near the 'scene of crime' is the gate they use to transport this waste.
The accident report I've got (written by Parking Express) clearly mentions tyre tracks in the snow leading through this access route into my car then onwards into the carpark. The gate is access controlled via some sort of swipe card and only BAA & BAA contractors use this route.
The carpark is BAA owned land is operated as a carpark under license to Parking Express. BAA have permanent right of way through the carpark.
Having got the fella to repeat all the above to me to ensure that I had heard things correctly. He then promised to have a proper look at the site personally. I e-mailed 1 single photo to help him see the magnitude of what has happened here.
Can't wait to speak to the fella again tommorrow!!!
The question I've got is: WOULD YOU KNOWINGLY PARK YOUR CAR IN AN ACCESS ROUTE FOR BAA WASTE DISPOSAL VEHICLES??? I KNOW I F**KING WOULDN'T!!!
From my reckoning: considering snow/ice at the time and given local geography I've only been hit at fairly low speed (20mph-ish) which means I've been hit by something pretty big (since back end of car has moved about 1.5m). Anyone got any estimates??
I'm not expecting the fella to come back tomorrow and admit any liability, the best I will get is for him to agree that it looks like BAA might be the '3rd party' that caused this. Which as he said before is not their responsibility.
Love to hear further Scoobynet views/advice given the above. this mess is now starting to really stress the hell out of me!
He told me that it was caused by a 3rd party (what a surprise) and not their responsibility!
After a 30 minute discussion I convinced him that he clearly hadn't read his 'accident report' properly, which plainly stated facts he was not clear about. He even tried to convince me that the damage was the other side of the car.
What is interesting though and he was happy to mention this: is the carpark is used as an access route for BAA waste disposal vehicles. In fact the non-public access gate near the 'scene of crime' is the gate they use to transport this waste.
The accident report I've got (written by Parking Express) clearly mentions tyre tracks in the snow leading through this access route into my car then onwards into the carpark. The gate is access controlled via some sort of swipe card and only BAA & BAA contractors use this route.
The carpark is BAA owned land is operated as a carpark under license to Parking Express. BAA have permanent right of way through the carpark.
Having got the fella to repeat all the above to me to ensure that I had heard things correctly. He then promised to have a proper look at the site personally. I e-mailed 1 single photo to help him see the magnitude of what has happened here.
Can't wait to speak to the fella again tommorrow!!!
The question I've got is: WOULD YOU KNOWINGLY PARK YOUR CAR IN AN ACCESS ROUTE FOR BAA WASTE DISPOSAL VEHICLES??? I KNOW I F**KING WOULDN'T!!!
From my reckoning: considering snow/ice at the time and given local geography I've only been hit at fairly low speed (20mph-ish) which means I've been hit by something pretty big (since back end of car has moved about 1.5m). Anyone got any estimates??
I'm not expecting the fella to come back tomorrow and admit any liability, the best I will get is for him to agree that it looks like BAA might be the '3rd party' that caused this. Which as he said before is not their responsibility.
Love to hear further Scoobynet views/advice given the above. this mess is now starting to really stress the hell out of me!
16 January 2003, 09:50 PM
#42
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Gadge - No-one is going to admit to any kind of resposibility for this, as nothing can be proved. I think you will be fighting a lost cause, with every party involved denying any kind of responsibility or blame. Sounds like this is already happening judging by the conversation you had with the parking bloke today !!
You tried Citizens Advice yet ?? The free lawyer there will give you an indication whether it is worth pursuing this legally.
Failing that, remember : what comes around goes around - you know what I mean ;-)
Mail me, as you must have been too busy arguing today to reply !!
Later mate.
You tried Citizens Advice yet ?? The free lawyer there will give you an indication whether it is worth pursuing this legally.
Failing that, remember : what comes around goes around - you know what I mean ;-)
Mail me, as you must have been too busy arguing today to reply !!
Later mate.
16 January 2003, 10:28 PM
#43
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Paul - reading this just makes me so mad, that they are trying to avoid liability for this. I am (as well as being a priest) a solicitor and although this isn't really my area my gut feeling is that you have a case and you should pursue it. They are hoping that by stalling they can make you go away but you have to show them that you won't, and let them know that you are taking action, both legal and on the BAD PUBLICITY front.
Definitely go and see a solicitor or a Citizens Advice Bureau. Get a quote for the repairs to your car and tell Parking Express that you expect them to pay for it and if they don't you will take legal action.
When you leave your car in a car park like that you are deemed to accept their terms of business - that is the contract between you and the car park. Make sure you get a copy of that and show it to the solicitor/CAB. The contract will almost certainly try to absolve Parking Express of any responsibility but this may not be enforceable or you may be able to get them for tort instead(i.e. they were negligent in allowing third parties access to the car park and not controlling them so that they didn't damage your property). The big point here seems to be that what you thought was a car park turned out to be an access route for BAA contractors and your car happened to be parked right near their access route (which it seems was not marked as such). As you rightly say, if you'd known that there was an access route there, you wouldn't have parked there.
Parking Express claim that the damage is the fault of a third party. Maybe it is, in the sense that the BAA vehicle crashed into yours (if that is indeed what happened), but the damage occurred while your car was parked in their car park ... let them claim what they pay you back from BAA if they think they are responsible - you shouldn't have that hassle.
I hope this is at least some help and gives you some hope. Please post here to let us know how you get on.
Jack
Definitely go and see a solicitor or a Citizens Advice Bureau. Get a quote for the repairs to your car and tell Parking Express that you expect them to pay for it and if they don't you will take legal action.
When you leave your car in a car park like that you are deemed to accept their terms of business - that is the contract between you and the car park. Make sure you get a copy of that and show it to the solicitor/CAB. The contract will almost certainly try to absolve Parking Express of any responsibility but this may not be enforceable or you may be able to get them for tort instead(i.e. they were negligent in allowing third parties access to the car park and not controlling them so that they didn't damage your property). The big point here seems to be that what you thought was a car park turned out to be an access route for BAA contractors and your car happened to be parked right near their access route (which it seems was not marked as such). As you rightly say, if you'd known that there was an access route there, you wouldn't have parked there.
Parking Express claim that the damage is the fault of a third party. Maybe it is, in the sense that the BAA vehicle crashed into yours (if that is indeed what happened), but the damage occurred while your car was parked in their car park ... let them claim what they pay you back from BAA if they think they are responsible - you shouldn't have that hassle.
I hope this is at least some help and gives you some hope. Please post here to let us know how you get on.
Jack
17 January 2003, 08:08 AM
#44
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Thanks for the advice guys. Next stop then: free solicitor at local CAB office then!
From my understanding my insurance company will not pursue this on my behalf unless I have a named 3rd party.
From my understanding my insurance company will not pursue this on my behalf unless I have a named 3rd party.
17 January 2003, 09:39 AM
#45
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From my reckoning: considering snow/ice at the time and given local geography I've only been hit at fairly low speed (20mph-ish) which means I've been hit by something pretty big (since back end of car has moved about 1.5m). Anyone got any estimates??
Looking at the damage I would suggest a much lower speed. You state there was snow and ice. 1.5m is not hard to believe given this. Also a waste truck weighs a few ton so the momentum is significant and any impact force is large. Given the size of those trucks and accelerating from a gate on snow ice (someone had to get out to swipe aswell) I can't imagine large speeds. 20MPH should see your car the next couple of bays down easy.
I have pictures of a stationary scoob vs a truck at 35MPH if you want. And that was just a side swipe. The door is gone.
Looking at the damage I would suggest a much lower speed. You state there was snow and ice. 1.5m is not hard to believe given this. Also a waste truck weighs a few ton so the momentum is significant and any impact force is large. Given the size of those trucks and accelerating from a gate on snow ice (someone had to get out to swipe aswell) I can't imagine large speeds. 20MPH should see your car the next couple of bays down easy.
I have pictures of a stationary scoob vs a truck at 35MPH if you want. And that was just a side swipe. The door is gone.
17 January 2003, 09:42 AM
#46
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Paul - don't be daft.
You'll want a specialist for this and not a general practicing solicitor (no offence to the free ones at the CAB)
The law is detailed and complex. You wouldn't have a GP do brain surgery, would you?
Speak out a specialist in contract law and liability - and I don't mean one of the accident compensation places!
Nothing is free in this life - you only get what you pay for.
D
You'll want a specialist for this and not a general practicing solicitor (no offence to the free ones at the CAB)
The law is detailed and complex. You wouldn't have a GP do brain surgery, would you?
Speak out a specialist in contract law and liability - and I don't mean one of the accident compensation places!
Nothing is free in this life - you only get what you pay for.
D
17 January 2003, 11:30 AM
#47
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How do you speak to Watchdog? Far too long a story to tell by e-mail etc..
I copied this from the Watchdog website:
If you wish to write to Watchdog, our address is:
BBC Watchdog, 201 Wood Lane, London W12 7TS
If you wish to telephone Watchdog, our contact number is:
0870 010 7070
National Rate - tariffs may vary.
The website is http://www.bbc.co.uk/watchdog
Get on to em and see if they're interested in takin up your story!!
Good luck
Nick
14 February 2003, 08:24 AM
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Some blood would have been drawn for this, good luck mate hope you get it sorted, oh and sue the **** off em.
cheers
Colin
cheers
Colin
14 February 2003, 12:03 PM
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It really is coming to something these days when incidents like this happen and the poor victim just gets fobbed off. I am sorry for the bad damage your car has suffered Paul and I understand how you must feel.
It is shameful that the company are prepared to make you pay through the nose to park your car there and then do nothing at all to ensure it's safety. The company should be making all possible efforts on your behalf to find out who damaged your car and to get full compensation on your behalf. Failing that they have a moral responsibity to have insurance to cover in the case of damage to customer's cars. Sounds like yet another bunch of "rip-off" merchants whose only motivation is to cream off as much cash as possible and to hell with the customer!
I would certainly not want to let them get away with it. It sounds like they need some heavy pressure to make them live up to their responsibilities. Father Jack has good advice for you-it might be worth a visit to the CAB first at least and think what to do after that. I would definitely get Watchdog involved, the bad publicity often pushes companies into apologising for "administrative mistakes", or in other words making them do something positive like mending the car plus compensation for your inconvenience.
I hope you have success anyway and please let us know how you get on.
Les
It is shameful that the company are prepared to make you pay through the nose to park your car there and then do nothing at all to ensure it's safety. The company should be making all possible efforts on your behalf to find out who damaged your car and to get full compensation on your behalf. Failing that they have a moral responsibity to have insurance to cover in the case of damage to customer's cars. Sounds like yet another bunch of "rip-off" merchants whose only motivation is to cream off as much cash as possible and to hell with the customer!
I would certainly not want to let them get away with it. It sounds like they need some heavy pressure to make them live up to their responsibilities. Father Jack has good advice for you-it might be worth a visit to the CAB first at least and think what to do after that. I would definitely get Watchdog involved, the bad publicity often pushes companies into apologising for "administrative mistakes", or in other words making them do something positive like mending the car plus compensation for your inconvenience.
I hope you have success anyway and please let us know how you get on.
Les
14 February 2003, 01:30 PM
#53
best of luck getting this resolved. I recently left mine at the Park & Fly terminal 4. Was very relieved to find only one dent in my previously unmarked RB5. Was gutted but not really surprised considering the tiny spaces they expect people to park in.
Small dents like mine I can reluctantly accept as it is possible that whoever did it didnt even realize. But the damage to your car is disgraceful. It appears that someone was driving totally inappropriately for the conditions. This person could just have easily run someone over. I dont think their "at your own risk" disclaimer would count for too much then.
Good luck.
Steve
Small dents like mine I can reluctantly accept as it is possible that whoever did it didnt even realize. But the damage to your car is disgraceful. It appears that someone was driving totally inappropriately for the conditions. This person could just have easily run someone over. I dont think their "at your own risk" disclaimer would count for too much then.
Good luck.
Steve
08 September 2003, 07:26 PM
#54
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what was the outcome of this, just read it all, and no ending! Also where in the Maldives, i went to a place called Thudufushi 2 years ago.
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