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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife had an accident in a multi story car park at the local

Resolved Question:

My wife had an accident in a multi story car park at the local train station. She basically couldn't stop the car and it hit a park barrier causing considerable damage to the car, police and ambulance were also called as she was in shock.

The wronf flooring has been laid on the upper floors of the car park, and is due to be changed the issue is whenever there is any sort of wet weather the floor gets extremely slippy, there have been a larger number of accidents at the car park since it has opened. I use the car park also and can confirm the danger that the we floor can cause as I've slipped over myself!

The car park attendant and manager whom I have spoken to shortly after the accident alluded to the fact that they also know of the danger when it rains and that the floor is due to be changed.

I want the car park company to admit liability, I have been in contact with the contract manager who has informed me that all CCTV video footage and pictures taken at the scene are being reviewed, the speed limit is 5mph and my wife has confirmed that she did not drive over this. All evidence is pointing to the fact that the floor is just not suitable for wet weather it's pretty much a death trap!

I want some advice on how to proceed, and if I need to pu t anything in writing as I have just been chasing up the case over the phone, going through my wife's insurance is really not an option as they have informed me they will not chase up the car park company and we don't really want to pay the excess.

I have the contract managers personal number and he had been very forthcoming and helpful on the couple of occasions that I have spoken to him.

Any advice on how I should proceed?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

How to proceed in what way? Are they making a claim against you or you want to make a claim against them please?

Customer:

I want them to accept liability and pay for the damage to the car, so want to make a claim against them.

Alex Watts :

Have you made a claim on your insurance? What is the cost of the damage?

Customer:

Not yet, the excess is way too much I'm guessing the damage is around the 2k mark, but I need to get it assessed properly. I do not want k go through her insurance company.

Alex Watts :

You need to make a claim on the insurance. They will seek to recover sums from the other side, otherwise you have to do this yourself.

Alex Watts :


You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Customer:

Hi Thank you,

Customer:

Thats a big help.

Customer:

One last thing, we are not going to go through her insurance so will be doing this ourselves. Can you recommend any sites or places that I can find information on car parking rules/laws around health and safety? I want to ensure that the letter I send has clear reasons as to why I am making a claim.

Alex Watts :

Sadly I dont. I only know legal sites for case law etc.

Alex Watts :

Legal case law site: http://www.bailii.org/

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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