LiamF
Part of things
Posts: 190
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Hi, I rent some land to store cars. It's basically a hard standing in a field out of public view, among other cars I store there I have a jag I used to have on the road, just put 12 months ticket on ready to advertise it. Last night to access other cars it was parked out of my designated area and the land lady came down, smashed into it, broke the bumper, small dent on wing, broke head light surround. She doesn't care and has refused to pay anything, as I'm not using the car at the moment it has no insurance, with her refusing to pay I there anything legally I can do or am I stuffed?? Thanks
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CHEAP RECOVERY/DELIVERY PM FOR A QUOTE.
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So sorry to hear about your problem, that's such a b*&$*
If someone causes you damage through their negligence, they are liable for your losses. If their insurance won't pay out for some reason, or if they don't have any, you can still sue them directly, usually through the small claims court.
This still applies even on private land, the main difference with car accidents on private/public areas is the possibility of criminal proceedings through the Police (although this can still apply on private land, depending on the circumstances, not usually for non-injury accidents)
My advice would be to document everything that's damaged and any damage/marks to her vehicle. Take lots of photographs and preserve the MOT as evidence of condition on that date. Make notes of the position of the vehicles and the circumstances leading to the accident. Make notes of when you discovered the damage, who admitted fault/causing the damage and what their response was when challenged.
Try and do so amicably as possibly, using the small claims court as a last resort, you may lose access to your storage land, but by the sound of it, your land lady isn't very caring!
I hope that helps.
Ian
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1971 Range Rover
1977 Jeep Cherokee
1982 W123 Merc 230CE
1992 Peugeot 405 TD Saloon
1995 Peugeot 405TD Estate (having a rest)
1990 Peugeot 205 CJ - For Sale
1985 Peugeot 305 GTX
1979 Honda Accord MK1
1995 BMW E34 TDS
1994 BMW E34 TD
1998 Mercedes 320 CLK
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Aug 20, 2012 10:03:53 GMT
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I suspect that she's probably within her rights to do that as the car was parked on her land, especially if it's a bit of land you don't pay to use. even if you did have some rights under a damage to property/vandalism claim I have a feeling that you'd never see any money. Most importantly, find somewhere else to keep your cars. ps. Expect this thread to be in the whinge bin soon.  I'll leave it a little while, just in case someone has any experience of similar situations or proper legal advice. |
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LiamF
Part of things
Posts: 190
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Aug 20, 2012 10:12:13 GMT
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Thanks, not winging, what's happened has happened, just wondered if I can recover any dosh or legally do her over!
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CHEAP RECOVERY/DELIVERY PM FOR A QUOTE.
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Aug 20, 2012 10:16:46 GMT
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I know, but experience tells me that (even car-related) legal advice threads turn into 'What a miserable cow, I'd smash her car up' or 'let's send the boys round' threads, the likes of which are what the whinge bin was created for. . Murdock's response is exactly what you needed - I doubt you'll get a better answer than that. |
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craig1010cc
Club Retro Rides Member
Posts: 2,993
Club RR Member Number: 35
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Where do I stand?? craig1010cc
@craig1010cc
Club Retro Rides Member 35
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Aug 20, 2012 10:23:45 GMT
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the biggest prob I can see you having is if you did take her to court, she may well either give you notice to move or send your rent through the roof to recover the costs.
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LiamF
Part of things
Posts: 190
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Aug 20, 2012 10:35:44 GMT
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I'm moving out end of the month, after seeing her attitude yesterday I'll happily find some where else
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crazymonkey
Posted a lot
ummm....what was I doing again???
Posts: 1,981
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Aug 20, 2012 12:23:39 GMT
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even if it wasnt parked in your designated area, you might still be able to involve the police for criminal damage (and they may order her to pay compensation if you won). surely it doesnt matter where it was parked if they deliberately damaged something that didnt belong to them. not 100% on that though.
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whoever said dogs were man's best friend....obviously never heard of cable ties
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Aug 20, 2012 13:16:35 GMT
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even if it wasnt parked in your designated area, you might still be able to involve the police for criminal damage (and they may order her to pay compensation if you won). surely it doesnt matter where it was parked if they deliberately damaged something that didnt belong to them. not 100% on that though. sounds possible, if she banged it to prove a point that it was in the wrong place, deliberate and wilful damage to someone elses property, sounds like you are better off out of there anyway (does she want you gone, hence this nonsense?) |
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Aug 20, 2012 13:54:21 GMT
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If she's given you an indication that she wants you to move your cars elsewhere then this happens, she might fall foul of the rules that protect tenants from bad landlords.
Document eveything, take loads of photos, get your gear and cars moved then take some advice from the Police.
She was either very clumsy or totally vindictive. Either way, you'll be better off elsewhere.
How about a pic of the Jag before the accident?
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LAndy
Posted a lot
Posts: 1,056
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Aug 20, 2012 14:28:34 GMT
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What a b***h! Let's send the boys round! . . . . Just kidding.
I'd have to agree with what's been said, plenty of pictures and documentation. I'd involve the 5-O as crimial damage has been caused. The fact the she's hit it and doesnt give a toss is appalling. It shouldn't matter where it was parked she's damaged your vehicle, why should you have to pay to fix it?
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Previous retros: 92 AX GTi 92 Scirocco Scala 94 80 sport 87 Golf Cab GTi Current retro: 1965 Clark Cortez YouTube Website Instagram |
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LiamF
Part of things
Posts: 190
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Aug 20, 2012 17:02:42 GMT
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here it is before! will be up on here for sale later.  |
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CHEAP RECOVERY/DELIVERY PM FOR A QUOTE.
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I'll leave it a little while, just in case someone has any experience of similar situations or proper legal advice.
