ATTAK Z Posted January 7, 2015 Author Posted January 7, 2015 I wouldn't take the wife's 4x4 in that car park never mind the Zed mate. I think that's the point ... car park is not suitable for cars Quote
The Chubby Ninja Posted January 7, 2015 Posted January 7, 2015 Haha I love how you've measured the hole with a measuring tape 5 Quote
ATTAK Z Posted January 7, 2015 Author Posted January 7, 2015 Haha I love how you've measured the hole with a measuring tape Ha ha yea it's about 100 mm deep but I couldn't get the tape to stand up on its own Quote
The Chubby Ninja Posted January 7, 2015 Posted January 7, 2015 Haha fair enough. I probably wouldn't of thought about that and just went home raging 1 Quote
Squee Posted January 7, 2015 Posted January 7, 2015 Maybe try Judge Rinder. He seems like a helpful chap S. Quote
mouthwash Posted January 7, 2015 Posted January 7, 2015 That's your punishment for going to Nisa. If you'd gone and spent a few more quid at m&s with their refined, fit for purpose car parks you would not be currently out of pocket to the sum of two new tyres.. What a false economy that was. Anyone else want to see m&s do a sexy advert for their car parks? In all seriousness though I would expect them to pay for it and I'm having an almost identical conversation with my workplace (albeit about a front bumper). 1 Quote
Floydbax Posted January 7, 2015 Posted January 7, 2015 You need to get a pic of the wording at the bottom of that car-park sign. In my opinion you have less than zero chance of making a claim. You also have a duty of care not to drive into extremely large and visible potholes. - Sorry Quote
Ekona Posted January 7, 2015 Posted January 7, 2015 Where the potholes as obvious then as they are in those pics? Quote
ATTAK Z Posted January 7, 2015 Author Posted January 7, 2015 Were the potholes as obvious then as they are in those pics? Yes, the problem occurred on Sunday, tyres were fitted yesterday (Tuesday) and I took the pics today (Wednesday) Quote
evilscorp Posted January 7, 2015 Posted January 7, 2015 Also not having marked bays will be in their favour, as they could simply say you are only ment to park on the good concrete part even if that means only 2cars can do so. Quote
Stutopia Posted January 7, 2015 Posted January 7, 2015 Forget the £400 for tyres. Get back down there, "fall" over, sprain your ankle and wrist and get them for that. £3000 easy, that's before the nightmares and stress and time off work Those pot holes are giant, even just chukcing in a bag of gravel would be a start. 1 Quote
ATTAK Z Posted January 7, 2015 Author Posted January 7, 2015 Also not having marked bays will be in their favour, as they could simply say you are only ment to park on the good concrete part even if that means only 2cars can do so. In that case you'd have to back out ... not a good idea onto a busy rural road methinks Quote
Bodyboarder81 Posted January 7, 2015 Posted January 7, 2015 Do they actually own that bit of land as well? Why would they not concrete it all if it was theirs ? That is a massive pot hole though ! No way would I go anywhere near that in my zed ..... Or merc .... Or my work van!! Good luck though 1 Quote
comrade Posted January 7, 2015 Posted January 7, 2015 ATTAK Z Do you have the evidence that you punctured the tyre on that carpark and not anywhere else? Did you get your car recovered from there? Also not having marked bays will be in their favour, as they could simply say you are only ment to park on the good concrete part even if that means only 2cars can do so. They could only successfully claim that if they actually tried to prevent cars from parking there, by notices, markings, barriers etc. And even then it would not automatically absolve them of liability. You need to get a pic of the wording at the bottom of that car-park sign. In my opinion you have less than zero chance of making a claim. You also have a duty of care not to drive into extremely large and visible potholes. - Sorry What you should or should not do is not relevant. This situation is all about the duty of a carpark owner. There is a 'it is your own fault' defence, but where lawful visitors are concerned it is pretty much limited to you intentionally jumping in a front of a train or something like that. Good point about the sign though. ATTAK Z you need to photo that and any other sign on that carpark. If it contains exclusion clauses it might be fatal to the claim. Quote
ATTAK Z Posted January 7, 2015 Author Posted January 7, 2015 (edited) ATTAK Z Do you have the evidence that you punctured the tyre on that carpark and not anywhere else? Did you get your car recovered from there? I heard the jolt as the front tyre fell off the concrete, I drove to the next village (2 miles max) and when I drove over the speed bumps outside the school, I realised that I had a puncture ... I drove back home (very carefully) on a flat tyre (2 miles max) and rang the RAC who came out and changed the wheel Also not having marked bays will be in their favour, as they could simply say you are only ment to park on the good concrete part even if that means only 2cars can do so. They could only successfully claim that if they actually tried to prevent cars from parking there, by notices, markings, barriers etc. And even then it would not automatically absolve them of liability. You need to get a pic of the wording at the bottom of that car-park sign. In my opinion you have less than zero chance of making a claim. You also have a duty of care not to drive into extremely large and visible potholes. - Sorry What you should or should not do is not relevant. This situation is all about the duty of a carpark owner. There is a 'it is your own fault' defence, but where lawful visitors are concerned it is pretty much limited to you intentionally jumping in a front of a train or something like that. Good point about the sign though. ATTAK Z you need to photo that and any other sign on that carpark. If it contains exclusion clauses it might be fatal to the claim. I'll get a photo of the sign and post later Thanks for all the help guys Edited January 7, 2015 by ATTAK Z Quote
350zedd Posted January 7, 2015 Posted January 7, 2015 If it was me....I wouldn't bother. You need time, effort and deep pockets to pursue it imo. Then ask yourself at the end......was it worth all the hassle! Quote
Rock_Steady Posted January 8, 2015 Posted January 8, 2015 ^^ That is a good point but, that is some bloody pot hole! Quote
WhackyWill Posted January 8, 2015 Posted January 8, 2015 Just seen the photos, There is a Council car park near me with potholes about the same size seems the really don't care, because if you damage your car most people don't bother complaining and the ones that do, they make it so difficult to get any compensation the just give up. :rant: Quote
docwra Posted January 8, 2015 Posted January 8, 2015 Call me harsh, but thats comparable to claiming against a farmer because you got a puncture driving over his field. I could understand if it was an unavoidable 5 inch hole in the middle of the A73 .......... but us country types get that at the side of every road, and on the way into most non residential property. Sorry to say it but the responsibility not to try driving over the surface of the moon is entirely on your shoulders. If its not the first time youve done it then Id just count yourself lucky it hasnt happened sooner. 2 Quote
Floydbax Posted January 8, 2015 Posted January 8, 2015 Why don't you call one of the myriad of 'no win no fee' firms and ask them? Quote
StevoD Posted January 8, 2015 Posted January 8, 2015 dont you have to be going some speed like 15mph plus to get a blow out Would you get a puncture buy just rolling up and down like you would say a curb? if so how fast was you driving in that tight car park haha Quote
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