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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45322
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If a car is damaged whilst parked on a pay-car park run by

Resolved Question:

If a car is damaged whilst parked on a pay-car park run by the local council is there any way we can pursue compensation. We believe the damage was caused by a vehicle collecting/replacing recycling skips and that the procedures followed by that company do not appear to be risk-averse
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you have any evidence of how the damage was caused?

Customer:

There was yellow paint on the car concistent with that from the arm/hook on the skip collection wagon. The driver provided very inconcistent answers. I have asked for details of risk assesments carried out by the contractor and operating procedures as the car park is very compact and I'm not convinced procedures have been followed. I have written to contractor, local council and HSE

Ben Jones :

If your car was damaged due to the negligence of another party, then you will have a potential claim for negligence and can pursue them for compensation for any damage caused. However, you will need to prove that thiey had caused the damage and

Ben Jones :

whilst you do have some evidence at present, it is all circumstantial and there is no direct proof that they had caused the damage in question. For example, you did not witness anything when it happened and neither do you have any witnesses who can back this up. So proving what actually happened and pointing the full blame on someone may be difficult. You do have the paint on your car but it may not easily be linked to their trucks, it could be from another truck with similar paint or another contractor. However, if you manage to find the actual truck which did the damage and show that it has damage on it consistent with the damage caused on your car then that could prove to be a useful link.

Ben Jones :

The fact that someone was acting in a defensive or threatening manner is not in itself any evidence that you can use as does not prove anything. If you did want to pursue the matter further then whilst you can try and resolve this directly with the people you believe are responsible, if you have no luck with that, all you can do is take the matter to the small claims court for resolution. As mentioned it would be for you to prove that the damage was caused by the other party and that they had acted negligently in the circumstances and in the end it would be for a judge to decide whether they believe that was the case. This is a relatively risk-free option as the costs are not that high and if you lose you will not be responsible for any of the other party's legal fees. If you did decide to pursue that route, the claim can be made online via www.moneyclaim.gov.uk

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45322
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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