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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I was parked at Terminal 3 Short Term Parking London Heathrow

Resolved Question:

, I was parked at Terminal 3 Short Term Parking London Heathrow when I cars Glass Units from my wing mirrors were stolen. There was a number of cars targeted at the car of the same make and similar models and the incident was attending by the Police. These Glass Mirror units cost £704 a pair. Although my insurance is covering the theft, I am left with a £450 excess to pay.
I know the carpark says it does not accept liability, but recently they changes in policy requires any cars pre-booked (longer term parking) requires them to park on a particular level of the car park. This creates a situation were all longer term stay vehicles are now parked on one level with a very low level of public activity compared with other levels. Obviously criminals would have a much easier time on this level compared to others with a an incredibly high amount of public activity. I did raise this with the Manager of Heathrow parking, who did respond saying the policy had been in place before he arrived and he would be reviewing with the Police.
Do you believe I would have a case of negligence against the car park based on these facts and have a chance of recovering the £450 excess.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
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 signed delivery and keep a copy
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Alex Watts : Can I clarify anything about this today please?
Customer:

Alex, appreciate the response. I do realise i have an option to go to small claims, but I wanted to see if you feel the position has a chance of succeeding considering their T&C's

Customer:

these are the T&C's in respect to parking.

Customer:
When you have parked your vehicle, it is your responsibility to:

(i)
lock your vehicle securely;

(ii)
fully close all windows of your vehicle;

(iii)
apply your handbrake properly;

(iv)
engage any steering lock, alarm or immobiliser you have;

(v)
not leave any animal or person within your vehicle;

(vi)
ensure that your possessions are placed in a locked boot and are not on display.

The Airport cannot be held responsible loss or damage whatsoever occurring to your vehicle or possessions within it resulting from your failure to do these things. The Airport and its subcontractors do not accept any valuables or other articles custody.

(g)


You must drive carefully and responsibly in the car park. You must also ensure that any children and animals are properly supervised and are at all times accompanied when they are using the car park. Please take care to be aware of all vehicles in motion within the car park.

(h)


You must comply with all directional signage and other instructions when in the car park.

(i)


The Airport does not accept liability for:

(i)
damage to your vehicle (whether caused accidentally or by way of vandalism);

(ii)
theft of, or from, your vehicle,

while the vehicle is in the car park, unless such damage or theft is caused by the negligence of the Airport or its agents or employe
Alex Watts : Regulation 5 of the unfair terms in consumer contrsct regulations 1999 states
Alex Watts : individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Alex Watts : Sorry.
Alex Watts : 5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consume
Alex Watts : There you can ask the court to assess the fairness of the term.
Alex Watts : does that help?
Customer:

Yes, thank you!

Ash and other Law Specialists are ready to help you