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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I attend a class at a building run by a charity who's main

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I attend a class at a building run by a charity who's main paid job is to look after pupils/ school children, excluded from school . The other day I went to get my car from the car park ,where there is a sign 'Park at owners risk', to find it covered in post-it-notes And my rear windscreen wiper blade 'removed'. The staff got the boys to remove the stickys and then find the blade and replace it . The grips on the wiper were damaged and would not hold the blade. I have had to replace wiper/blade and gave management the bill ..£15... they have refused to refund me using the sign as the reason... They wrote me that all the boys have been dealt with , and told me that they now all have this incident on their records at school . Do I have any hope of payment
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I assume you saw and were aware of the sign?
Customer: replied 1 year ago.
Yes I know the sign is there --not stood and read it.. The staff are responsible for the pupils in their care--- the pupils vandalized my car and made it illegal to drive (MOT Failure).... seems so little to ask - to restore it.
Expert:  Ash replied 1 year ago.
Its bad news then I am afraid - this is what is called an exclusion clause. If you knew the sign was there but decided not to read it sadly they are not liable. They are excluding liability.
I can outline the process to take it to Court if you wish though.
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.
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 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 for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Could I take it to Small Claims as its just to replace wiper at £15 ---( I promised to sort it as cheaply as possible)...Why ,if they are legally responsible for the pupils are they not responsible for the damage .I have always believed these signs are unenforceable !!!
Expert:  Ash replied 1 year ago.
Yes you could. They Es luxe damage so unless you know and sue the persons responsible it's not the school fault.
Alex
Customer: replied 1 year ago.
it seems hopeless .... the only way would be via the Trustees and the Statement of Intent 1, section 1.3 ,'safe guarding users from abuse' and Statement 2 section 2.7 we should ' feel safe' while there. Or go to the Council (Rotherham) who pay for the pupils !! All I want a wee refund..........
Expert:  Ash replied 1 year ago.
Indeed. I have given you the options above but if they refuse, Court is the only way sadly.
Can I clarify anything else for you?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help
regards
Dominique

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