Damaged car in car park

irlirishkev

Hi,

Not sure if this is the right forum, so mods please move if necessary.

I rent a parking space. Someone parked in my space, so I parked in a different spot. Long story short, something dripped out of the roof, and landed on my bonnet. My bonnet now has a nasty chemical like 'burn' in the paintwork.

The usual disclaimer signs are on the walls about not being responsible for damage etc.. but because this was directly caused by something amiss in the building work itself, would I be able to claim against the owners/management of the building?

Whatever this stuff is, it's fairly toxic, and has formed stalactites on the roof. It clearly shouldn't be there..

Thanks for any advice..

FluffyCat

Regarding the paintwork problem, bird poo can also do the same thing depending on the paint. Just so you know.
I really think though that carparks have their own rules and you could ask the owners but I think they would say the same.
You should also get a barrier for your car place so it doesnt happen again

clancyoo7

I am afraid you are unable to bring a case against the car park. All car parks these days have exclusion clauses which exempt them from liability for damage caused on their premises. It will be seen that those were the terms of the contract you agreed to prior to parking your car.
I would look for cctv to make sure that it was not damaged by some other means

PCPhoto

clancyoo7 wrote: »

I am afraid you are unable to bring a case against the car park. All car parks these days have exclusion clauses which exempt them from liability for damage caused on their premises. It will be seen that those were the terms of the contract you agreed to prior to parking your car.
I would look for cctv to make sure that it was not damaged by some other means

the signs are only there to deter people from taking legal action - if your car was genuinely damaged as a result of negligence of maintenance of the car park (ie. the chemical leak) then you could take a civil action against the management company who are supposed to maintain the car park.

However - if you have an assigned space then you choose another space (due to someone else parking in your spot) - and it could be put down to bad luck - the management company will probably throw out the arguement that they cannot repair cracks/leaks of that manner and wear and tear of the car park is normal...etc etc...so no negligence (according to them).

my advice would be complain to the management company - then pay for to get it repaired ...or leave it the way it is ...and park in your own spot in future - and if your spot is taken leave a note on the car who takes it and let them know spaces are assigned and this space is yours.

fliptzer

Hi,

Just my two cent’s worth but if the drip was caused by something to do with the state of the premises, eg. A toilet pipe was recently fixed and it leaked (or something like that) it might fall under the 1995 Occupier’s Liability Act. If so an owner (or occupier – which may be the management company as they have effective control) can’t contract out of their obligations under the act and any negligence on their part which led to the incident may be actionable – but it really depends on the full facts of the case.

Best thing is to approach the management company and if you get no satisfaction chat to a solicitor.

irlirishkev

Thanks for the replies folks..

This drip from the ceiling definitely caused the damage. Whatever it is, is so potent, that stalactites have formed on the ceiling, and you can see further drips on the ground.. right underneath where my bonnet would have been. I have photos to prove it, but any assessor would have to be blind not to see what's happened.

It's just so frustrating. I rent an indoor parking space to keep the car out of the elements, and then this happens. I just feel someone should be accountable..

irlirishkev

Just an update to this..
I've discovered it's actually Dublin City Council who own the apartment block.. I'm going to write a letter to their customer services dept.

Anyone dealt with DCC before for complaints?

Victor

irlirishkev wrote: »

Anyone dealt with DCC before for complaints?

My last one ran to 39 pages. :pac:

Customer services are generally good, but its for the individual departments can be quite mixed.