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Can I sue ? Photos added post 23


ATTAK Z

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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).

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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 :)

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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.

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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

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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.

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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

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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: :rant:

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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.

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