[rogerxp]

Right, bit of an odd one here, think I'm pissing in the wind but am just wondering whether there is an element of responsibility upon Stockport Council to offer me some redress here so wondered what you good folk think.

I've not written to the Council yet, might not bother, so interested to hear your honest and frank thoughts.

Firstly, the story, basically I've been a bit of a numpty. Popped out for a meal last night in the QQ with the family and parked in a local authority carpark. Was already pissed off that I had to pay 50p instead of the required 30p as the machine gave no change but that's another story . Parked-up no problem, had a meal, got back in the car. Driving out of the carpark heard an almighty crunch and realised the roof box had just twatted a height restriction bar. BASTARD.

The issue is that there are two authority car parks where I live that face one another on opposite sides of a road. Neither have height restrictions on their entrances and only one, the one I was in, has one on the exit.

So, is it right to only have a barrier on the exit of a one-way-in / one-way-out carpark?? I obviously got in no bother so why the fuck should I be concerned upon exit?? Yeah, OK, it's a big yellow barrier that I really should have seen, but I truly didn't so just ploughed on into it. It was starting to get dark at the time which is my only defence really.

The box actually looks fine, as in it's not cracked which was the biggest fear, but have a load of scrapes & paint on it. Obviously I'm able to have a stab at getting rid of the paint, thought guess it's not necessarily an easy job, but the scratches are obviously an issue. Problem being, it's not my box, and I borrowed it from a fellow forum member who I'll need to square up with. He does know and is being cool about things but it's still going to hit me in the pocket one way or another.

Does anyone think I've got a case to claim a new roof-box from the Council?? Even a token contribution would keep me 'relatively' happy.

Here are a few photos of Carpark 1 (where I was) which clearly shows no restriction on the entrance but there is one on the exit and also Carpark 2 which has no restrictions at all.

Thoughts guys??

[J Dub]

yellow bar, if its also got max height marked on it, forget it, no matter what as they have covered their arse and being a local council their arses will be more covered than a covered thing with a cover on it.
I could be talking utter kak but gut feel tells me I am not.

[phil200tdi]

Probably no leg to stand on here..

Worth writing a letter though! Someone may do something about it.

[RagingKileak]

If I was you, I'd burn the fucking car park down. That'll teach em.

Matt

[kev335i]

Don't write to the council they will invoice you for re painting the barrier!!!

[zltm089]

Originally Posted by RagingKileak

If I was you, I'd burn the fucking car park down. That'll teach em.

Matt

plus one....

Go to the receptionist and piss on her tits!

[zltm089]

maybe if you had all your tyres down to 11psi, this wouldn't happen!

[ed335d]

Roof box?

Only one direction to point the finger

[Dr Dave]

Serves you right for having a fucking roof box in the first place!

I find it very odd they have height restrictors on the exit and not the entrance - as has been said, is the maximum height clearly marked on the barrier as you approach?

[willhollin]

[m@rk]

Originally Posted by kev335i

Don't write to the council they will invoice you for re painting the barrier!!!

That was the first thing that crossed my mind as well

[peterg1965]

I would share your frustration Roger. Why would they have a height barrier on exit but not on entry. However, getting any form of compo from the Council would be a miracle in my view. They are good at extracting money from you but the other way round.....no way.

I would write a well worded letter though, make them respond at the very least, to justify why they only position a height barrier on exit.

if they do offer you compo tell them you will only accept cash and that, sorry, exact money only, you dont give change.

[rogerxp]

Originally Posted by peterg1965

if they do offer you compo tell them you will only accept cash and that, sorry, exact money only, you dont give change.

Like it

He's the view upon exiting, no mention of what height it is, it's fairly prominent, but I completely missed it (not physically unfortunately).

The other annoying factor was that I'd originally parked elsewhere but only had 55p when 60p was required. This missed 5p forced me into another carpark and going to now end up costing me hundreds of £££

[gaza01]

Try yr luck...write to them to see what they say. Look at it like this...no height restriction to go in so how are u meant to get out if u had a really high vehicle?
Worth a try id say

[The_Bear_Yid]

I think you've got a point. You can't have the restriction on the way out. Depends how much you want the hassle.

I got to the point where I would've had to go to court about damage to my wheels and cba in the end.

[Hotcoupe]

.

[m@rk]

So what if you had been driving a van?

With no height restriction posted on the entrance then strictly you would have then been trapped in the car park (yes I know you could go back out the way you came but the sign clearly says no exit)

I do think the council are in the wrong here but getting recompense is another matter

[simmo1985]

Can see where your coming from for sure. Makes no sense having them on the exit at all. I'd be surprised if they give you any comp though

[quattrogmbh]

The legal theory on this one is quite straightforward. If there was no warning of a height restriction on the way in, then it didnt form part of your "Contract" The payment you made was your "Acceptance" of that contract through "Consideration"

The fact that when you left, the contract terms were "Changed" Quite forcefully in fact ;-)
Leaves you well positioned for compensation for breach AND for consequential damages.

I certainly think you should write them a beautifully crafted letter complaining about a breach of contract. :-)

It'll be fun if nothing else, and the fact you mention breach will get it into the hands of the council's solicitor and not solely the parking folks. much mor likely for a sensible outcome.

Good luck

[MPD78]

Put in a claim against the council for whiplash!!!

[rogerxp]

Originally Posted by quattrogmbh

The legal theory on this one is quite straightforward. If there was no warning of a height restriction on the way in, then it didnt form part of your "Contract" The payment you made was your "Acceptance" of that contract through "Consideration"

The fact that when you left, the contract terms were "Changed" Quite forcefully in fact ;-)
Leaves you well positioned for compensation for breach AND for consequential damages.

I certainly think you should write them a beautifully crafted letter complaining about a breach of contract. :-)

It'll be fun if nothing else, and the fact you mention breach will get it into the hands of the council's solicitor and not solely the parking folks. much mor likely for a sensible outcome.

Good luck

Now that's more like it . You got a legal background?? What are the key phrases to use or are they pretty much stated above?? If you're a legal-eagle type of bod would you be able to cast your eye over a draft to ensure maximum affect?!?'

[quattrogmbh]

Don't take this as legal advice, as that should only be sought through a solicitor, however, the content below may get you started. Send any correspondence special delivery signed for.




Parking Department
Cc: Council Solicitor

Enc : Photographs of Height restriction devices
Parking Terms and Conditions
Photographs of damage
Parking ticket


Dear Sir/Madam

Without Prejudice, Save As To Costs

I recently parked my vehicle at a council operated car park in xxxxxxx Road, Stockport. Whereby upon exit, my vehicle and ancillaries sustained damage due to an overhead height restriction device displaying no signage and contrary to the traffic signs regulations and general directions 2002.

At the point of entry to the car park, nor at the point of contract were warnings provided or terms imposed restricting the height of vehicles allowed to use this car park. Furthermore, there are no physical restrictions applied prior to consideration.

As you will understand, as a result of your breach of contract and negligence in appropriately marking the height restriction device, I have sustained a loss.

Please accept this initial notice of my intent to pursue further.

The Damage to my vehicle and ancillaries have been estimated at xxxx
I am willing to accept this amount in full and final settlement and can be contacted at the above postal address.

If I receive no response within 21 calendar days from the postmark of this letter, I shall issue proceedings through the county court.


Yours Sincerely