Car vandalised, need advice.

dobsdave

First of all, I wasn't sure where to put this thread, so move if needs be.

Left my car in a train station car park yesterday.
Came back to find both wing mirrors smashed.
There were other cars there with windows smashed also.
The car park is either council or Irish rail, and its pay parking.

My question is, can I claim from the operator of the car park?
Or is it down to me?

I reported it to the Garda straight away, apparently there is CCTV coverage but that it doesn't work 'great'.

Thanks in advance.

EPM

There was more than likely a sign up somewhere that stated you were parked there at your own risk. It's a CYA thing for them. I'd say you may have no option but to pay/let your insurance sort it

Seth Brundle

I'm not sure that is the case - I think there may be a certain level of responsibility held against the property owners especially where money is involved.

kdevitt

EPM wrote: »

There was more than likely a sign up somewhere that stated you were parked there at your own risk.

As far as I'm aware that sign has has legal basis in a car park where you pay.

dobsdave

kdevitt wrote: »

As far as I'm aware that sign has has legal basis in a car park where you pay.

Can I ask what you are basing that on?

antodeco

Aren't carparks private property, and the money you pay is simply to 'allow you access' the property?

onemorechance

They must have a sign stating that they accept no liability for you to view or else print it on your ticket. If you must enter the car park before the sign can be read, you are allowed to leave without charge. Usually carparks give you ten minutes free for this purpose.

--Kaiser--

I'm fairly certain having a sign up saying 'cars are left at owners risk' etc. doesn't affect your statutory rights. Try contacting a solicitor

dobsdave

--Kaiser-- wrote: »

I'm fairly certain having a sign up saying 'cars are left at owners risk' etc. doesn't affect your statutory rights. Try contacting a solicitor

I'm seeing that on some searches on the subject alright.
Maybe citizens advice would be able to give me a definite answer?.


Thanks for all replies folks.

el diablo

dobsdave wrote: »

I'm seeing that on some searches on the subject alright.
Maybe citizens advice would be able to give me a definite answer?.


Thanks for all replies folks.

Any chance you can tell us where it happened?

slimjimmc

antodeco wrote: »

Aren't carparks private property, and the money you pay is simply to 'allow you access' the property?

Car parks may be private property (i.e. in private ownership) but they are still considered a public place Road Traffic ACt 1961

"public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge

--Kaiser-- wrote: »

I'm fairly certain having a sign up saying 'cars are left at owners risk' etc. doesn't affect your statutory rights. Try contacting a solicitor

But what exactly are your statutory rights in a car park? As far as I understand it you're paying for a service, i.e. operators provide you with somewhere to park for a period. The OP did pay and park his car there so the service paid for was provided.

If the operators stated or clearly implied that the car would be secure then you may have grounds for a claim (breach of contract), however I don't think the car parks at railway stations are advertised as secure so imo that's not an option. In an unsecure car park I don't think the operators can be held liable for damage done by some toe-rag intent on getting kicks smashing up door mirrors.

I think the car park is only liabile for damage or injury caused by anything in their control. eg. defective equipment, neglect, actions of staff.

Looks like it's down to the OP or his insurance to fork out for the repairs.

kdevitt

dobsdave wrote: »

Can I ask what you are basing that on?

Either my mate told me (insurance claims handler) or my wife did (solicitor). Can't remember which!

Jo King

There have been many court cases on this point. Famously, Thornton v. Shoe Lane Parking which turned on whether the sign could be seen before entering the car park. It was held that it was too late if the sign was seen after the person entered. It is possible to contract out of liability for damage to property but not liability for damage to the person. The o/p should look at the signage in the car park and at the tickets for conditions.

dobsdave

el diablo wrote: »

Any chance you can tell us where it happened?

Car park for the Louisa bridge train station, Leixlip.

So it looks like I'll have to cover it myself.
1 door resprayed 300 euro
2 wing mirrors supplied and fitted 500 euro.

Insurance company has an excess of 300, and a slice of my NCB.

Happy days.

Thanks to everyone for taking the time to reply

PrettyBoy

dobsdave wrote: »

So it looks like I'll have to cover it myself.
1 door resprayed 300 euro
2 wing mirrors supplied and fitted 500 euro.

That is insane :eek: What car is it?

el diablo

dobsdave wrote: »

Car park for the Louisa bridge train station, Leixlip.

So it looks like I'll have to cover it myself.
1 door resprayed 300 euro
2 wing mirrors supplied and fitted 500 euro.

Insurance company has an excess of 300, and a slice of my NCB.

Happy days.

Thanks to everyone for taking the time to reply

That's a pain in the tits. little fúckin' scumbag losers. :mad: no luck with the CCTV no?

onemorechance

Jo King wrote: »

There have been many court cases on this point. Famously, Thornton v. Shoe Lane Parking which turned on whether the sign could be seen before entering the car park. It was held that it was too late if the sign was seen after the person entered. It is possible to contract out of liability for damage to property but not liability for damage to the person. The o/p should look at the signage in the car park and at the tickets for conditions.

Yes I was looking for this, there are plenty of precidents for this kind of thing. It's completely unlikely that any car park these days will take liability for the damage done by other users. There are just way too many bad drives out there, especially when it comes to parking! Plus, it would be such an easy scam for criminals to do.

5500

Bumping up this one, OP had you any joy in the end?

My father has a simular situation at the moment. Parked in a paid supermarket carpark, went in and when he came out the wing was pushed in and scrapes down along the side of the car where something had rubbed past it.

He immediatly went into the shop to check cctv and was told the camera didnt and hadnt worked in months so there was no way of getting the reg from what hit the car.

He got an estimate for repair to the car (€500) and sent it to the shops head office with a letter detailing what had happened and they replied saying they are not liable as they didnt directly cause the damage and the cctv fact is irrelevant as it had no bearing on the cause of the accident.

Is there any point in refering this to a solicitor or is it a lost cause?

Idbatterim

OP, paying a solicitor isnt going to be cheap, if you go down that road and if you then actually win the case. Try sourcing the parts from a scrap yard. Scum bags kicked off the passenge side rear view mirror of my car and the dealer wanted E250 for the wing mirror alone, then it had to be sprayed and fitted! regarding the spraying, if you decide to keep the door, there is a place I know beside Rathgar motor factors, that offers very reasonable prices for spraying, way cheaper than the competition when my bro had to get a panel on his car sprayed a few months ago...

Idbatterim

Op what car is it? with a bit of research and patience, you will be able to get it repaired for way less than E800!

Mister Tickle

i replaced the wing mirror;s on my own car recently...it not a difficult job at all. bought both electric mirrors from a scrap yard in walkinstown €50 each and then sprayed them black with high gloss spray can €5. Nissan wanted €145 each mirror.

Michael1987

Im from there, i pass it on the way to the ameneties centre - there was a car burnt out there last week too. It's a joke that place. That's a new car park, I don't know how the cctv could be so rubbish. Probably bought the cctv from a scrappie

The-Game

Thats a high price for two mirrors, OP what model of car is it? and were they factory mirrors that got damaged?